“Nullum Crimen, Nulla Poena Sine Lege”

“There is no crime if there is no law

punishing it.”

CONCEPTS OF CRIME, LAW AND JUSTICE

The 1987 Constitution created the three great powers of the government, where one of
the basic repercussions is the separation of powers. They are also considered to be
branches of the government. These are the following:
1. Legislative branch - consist of a Senate and a House of Representatives. Power to
create laws lies in this branch.
2. Executive branch - composed of the Office of the President. The President has the
power to create Presidential Decrees during Martial law, Executive orders, Proclamation
numbers, and Administrative Orders that have power and effect of laws.
3. Judicial branch - power to check and balance the constitutionality of the laws
created.

Limitations on the power of the lawmaking body to enact penal legislation. The Bill of
Rights of the 1987 Constitution imposes following limitations:
1. No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec.22)
2. No person shall be held to answer for a criminal offense without due process of law.
(Art. III, Sec. 14).
Ex post facto law makes an act done before the passage of the law and which was
innocent when done, and punishes such an act.
Bill of attainder is a legislative act which inflicts punishment without trial. It's essence is
the substitution of a legislative act for a judicial determination of guilt.

THE CRIMINAL JUSTICE SYSTEM

Criminal Justice System or simply CJS is the system in the community charged
with direct responsibility for the prevention, reduction and control of crime.
It is widely looked upon as the conglomeration of government agencies involved
in the law enforcement, prosecution, defense, adjudication, punishment and
rehabilitation of all the means to enforce those standards of conduct, which are deemed
necessary to protect individuals and to maintain general community well being.
The Philippine Criminal Justice System
5 Pillars of Philippine Criminal Justice System
1. Police / Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community

CRIME: Reason for a Criminal Justice System (CJS)

The CJS functions mainly due to crime, its prevention and control. Crime is
rampant. Criminals are everywhere. Street crimes are committed everyday even in
broad daylight. Criminals operate with impunity as if they fear nobody. As a result, crime
rises fast and steadily. Worse, people are seemingly unable to control the situation and
people are becoming dissatisfied and impatient over police inefficiency day by day.

CRIME is an act committed or omitted in violation of public law.

Crime can be legally categorized as follows:
1. Offense - is an act or omission punishable by Special Law.
2. Felony - is an act or omission punishable by Revised Penal Code.
3. Misdemeanor or Infraction of Laws - is an act or omission in violation of City,
Municipal or Barangay Ordinance.
Take note of the following:
Act -any bodily movement tending to produce some effect in the external world.
Omission - failure to do a positive duty which one is bound to do.
In an ethical aspect, crime is considered immoral. However, not all acts or
omissions in violation of laws are against morality. Crime can be a Mala In Se and Mala
Prohibita/Prohibitum.

JUSTICE: The Bottom line

JUSTICE is a social norm providing guidance for people in their dealings with one
another; as a standard against which actions are evaluated; and as a prescription for
requirement that people act justly.
 The criminal justice system is intended to deal with crime. It is expected to do so
by applying the law and producing results that are approximately justice. Indeed, justice
is the primary output of the system and the bottom line of the process.
Daniel Webster, an American statesmen stated that justice is the chiefest interest
of man on earth. Yet injustice remains a matter of dispute in philosophy, ethics and
jurisprudence. It is significant that each of the four words used most in the science of
law, namely, Justice, Rights, Law and Morals, words for ideas at the very foundation of
that scheme, are words upon whose meaning scholars have not been and are not now
able to agree.
2 TYPES OF JUSTICE
1. SUBSTANTIVE JUSTICE
- is concerned with how best to allocate, distribute and protect the substantive
values of society.
Ex: power, wealth, status, order, peace, and whatever other “goods” a society
cherishes.

2. PROCEDURAL JUSTICE
- concerned with how the law is administered; what mechanism or process are
used in applying the law in making decisions.
-CRIMINAL JUSTICE SYSTEM (procedures)

LAW: Instrument for Justice

Law is a major input to the criminal justice system. Law is society’s primary instrument
for making known what acts are crimes and what sanctions may be applied to those
who commit acts defined as crimes.

LAW(definition) – that method of SOCIAL CONTROL that is formally ENACTED or

PROMULGATED by the agency or agencies of GOVERNMENT duly AUTHORIZED in
that society to make law and that is subject to interpretation by and through the
COURTS.

FORMS OF LAW
1. Common Law – known in other countries as the body of principles, practices,
usages and rules of action.

2. Statutory Law – a legislative law; law made by a legislative.

3. Case Law – law made by justices in cases decided in the appellate courts specially
by the supreme court.
TYPES OF LAW

1. CIVIL LAW
– law which has something to do with such things as contracts, will, inheritances,
marriage, property, divorce, adoption and the like, and with private injuries which are
called “TORTS”.
- to protect the private rights of individual

2. CRIMINAL LAW
- is that branch or division of law which defines crimes, treats of their nature and
provides for their punishment.

Criminal law has two distinct elements of which set it apart from other laws:

a. Its MAJOR PURPOSE or FUNCTION – is the preservation of social order in the

society. Civil Law is concerned with the protection of individual or private parties
from other persons.

b. SANCTIONS – referred to as “satisfactions to the public” which are imposed on

the person by the State.

THE CRIMINAL JUSTICE SYSTEM

-as a system
-as a process

CJS as a SYSTEM – is a machinery which society uses in the prevention of crime.

A system has the following characteristics:

1. Systems have identifiable components – there are parts or elements, structures

that perform certain functions that contribute to the functioning of a system.
2. Each system constitutes an identifiable whole – this means that we can distinguish
one system from another. Each has its function to perform within the system.
3. The system’s components are interdependent – the elements of a system affect
each other and depend on each other.
4. Each system operates within an environment – an environment consisting of any
element outside the system’s boundary.

Inputs and Outputs

The CJS and its components are rigid and static but both are moving, acting, and
interacting. The action can be seen as flow, and this flow can be expressed in terms of
inputs, outputs and feedback. INPUTS furnish the moving force for decisions made
within the system. OUTPUTS flow from the CJS and have an impact on society and the
political system. The impact of the system’s output on subsequent input is called
FEEDBACK.

CJS as a PROCESS – refers to the “orderly progression of events from the time a
person is arrested or taken out of the community, investigated, prosecuted, sentenced,
punished, rehabilitated, and eventually returned to the community.”

CRIMINAL JUSTICE PROCESS

The Workings of CJS in the Philippines

The CJS process starts in the community by the report that crime has been
committed. The Police initiate the CJS process by investigation, make arrests whenever
possible, gather evidence, and if necessary conducts surveillance and search to
prepare necessary evidence against the law violator or suspected criminal. The
prosecution determines probable cause and readies appropriate evidence for the formal
filing of criminal charges.
The court conducts a public trial, renders judgment and adjudicates the penalty
as punishment. The correction provides custody and protection for reformation of the
convicted criminals.

Basic Functions among the Pillars in the CJS

The police or law enforcement pillar occupies the frontline of the CJS because they
are regarded as the initiator of the system. They are the first contact of the law
violator in the CJS process. It is the police that investigates, makes arrests and
prepares evidence against the suspects needed to prosecute them.

The prosecution pillar takes care of evaluating the evidence and formally charges
the suspects before the court. It serves as a screening process on whether to file a
case based on evidence or dismiss the same. It determines what particular crime shall
be formally filed and presents the burden of proof against the suspect in the court.

The court pillar conducts arraignment and trial. It shall issue a warrant of arrest if the
accused is at large. It acquits the innocent and adjudicates the penalty for the accused
if found guilty.

The correction pillar is responsible for the incarceration and rehabilitation of the
convicted person to prepare for eventual reintegration in the community.

The community pillar helps the penitent offender to become law abiding citizen by
accepting the ex-convict’s re-entry and assist said penitent offender lead a new life as a
responsible member of the society.

Comparative Criminal Justice System

Comparative criminal justice looks into the different model countries to
investigate and evaluate a national system of justice in terms of the criminal justice
process, culture and institutions.

United States Criminal Justice System

The United States Criminal Justice System is composed of three components: the law
enforcement, the courts, and corrections. The law enforcement performs the arrest of
the criminal while the court is in charge of trial and imposition of the penalty if the
accused was thereafter found guilty. After the court, the corrections shall take over the
criminal to serve his sentence. These three components work together for the same
goal, which is to maintain the public order in the community.

Spain Criminal Justice System

Spain has a European Continental legal system, where the act or the omission is
prosecuted and penalized if it is a violation of their penal law. The judge shall carry out
the investigative stage of the penal process. The suspect benefits from a system of
procedural guarantees. Hearings are characterized by adversarial procedures, with a
public attorney prosecuting on the basis of findings of the investigating judge.

Singapore Criminal Justice System

The Singapore Criminal Justice System is composed of law enforcement,
prosecution, courts and corrections. The legal system of Singapore is adversarial in
nature. The English common law was superimposed on the existing Malay customary
and Muslim laws. The legal system is borrowed heavily from the English laws like the
Singapore Penal Code and Criminal Procedure Code.

China Criminal Justice System

The legal system of the People’s Republic of China is typically Marxist. The legislators
in the People’s Republic of China view laws, especially criminal law, as the tool of the
ruling class. In judicial activities, public security branches people’s procurates, and
people courts have a division of labor. Public security branches are responsible for
the investigation, detention and preparatory examination of criminal cases, People’s
procurates are responsible for approving arrest and conducting procuratorial work
which also includes investigation and initiating public presentation. The People’s
courts are responsible for adjudication.

The Collaborative Effort of the CJS

On Crime Prevention - this involves all the measures designed to avert or avoid the
commission of crime. It is effectively attained by the denial of opportunity for any crime
to happen.

On Crime Deterrence - this pertains to the measures imposed upon by the State
through CJS so that criminals will be punished in accordance with the law to serve a
lesson for others not to commit crime and for criminals to refrain from further committing
crime.

On Crime Control - this is achieved by isolating the criminals for incarceration thereby
effectively controlling them from further endangering the society thus protecting the
public from harm and damage.

FIRST PILLAR OF THE PCJSYS: POLICE / LAW ENFORCEMENT

POLICING: A Brief Historical Setting
The history of the police service is as old as the organized society. The
prehistoric social order consisted of small family groups living together as tribes or
clans. Group living gave rise to customs everyone was expected to observe. The tribe’s
chief had executive, legislative and judicial powers and often appointed tribe members
to perform special tasks to include guarding the community against depredation of
lawless elements.
Crimes committed by individuals were handled by the victim or victim’s family.
The philosophy of justice was retaliatory (means desire for revenge), that is the
offender must be punished. Punishments were harsh and barbaric. For serious
offenses, punishment includes death penalty carried out by beheading (cutting of head),
hanging, drowning, crucifixion, banishment (sent away to other place), social
degradation, slavery and many more. The words of the tribe’s chief were considered
the laws.
After so many years of an unorganized and barbaric policing system, the modern
limelight came when a bill creating the SCOTLAND YARD was passed by the
parliament of England. It was sponsored and expanded by SIR ROBERT “Bobby”
PEEL who was made the first head of the police organization. He was referred to as the
Father of the Modern Policing System.
Peel’s Principles:
1. Stable and effective police force should be under government control.
2. Absence of crime is the best proof of efficiency.
3. Fast distribution of news to the people is essential.
4. Proper distribution of personnel according to shift and by hour.
5. The best qualification of a peace officer is control of temper.
6. Proper selection and training is the basis of efficiency.
7. Police cannot function properly without wholehearted support of the people.
8. Every police officer must sell himself to the people.
9. Police officers must go out of their way to help or assist the people.

Policing in the Philippines

● SPANISH REGIME
- Inherently a part of the military system.
Police functions at this time involve the following:
a. Suppression of brigandage by patrolling unsettled areas
b. Detection of local or petty uprising
c. Enforcement of the tax collection, including church revenues

Police forces organized during the Spanish regime were:

a. Carabineros de Seguridad Publico (Mounted Police)
 This was organized in 1712 for the purpose of carrying out the policies of
the Spanish government. Carabineros were armed and considered as the
mounted police. Later, they discharged the duties of the port, harbor, and
river police.

b. Guardrilleros:
This was a body of rural police organized in each town that was created
by the Royal Decree of January 8, 1836. This police force was composed
of 5% of the able-bodied male inhabitants of each town or province, and
each member should serve for at least 3 years.

c. Guardia Civil:
This was the police organization created by the police organization
created by the Royal Decree issued by the Spanish Crown government on
February 12, 1852. It relieved the Spanish Peninsular Troops of their work
in policing towns. It consisted of a body of Filipino policemen organized
originally in each of the provincial capitals of the central provinces of
Luzon under the command of Alcalde (Governor in Province and Mayor in
City).

● JAPANESE OCCUPATION
- Japanese Military Police is known as “kempetai” held responsible in
maintaining peace and order in Manila. Kempetai ruled the urban areas until
Gen. Douglas McArthur returned on February 7, 1945.

● AMERICAN OCCUPATION
- it first came in the Philippines after the Filipino-American War (1898 to 1901)
- The important features of this period are:

a. Insular Police Force

It was established on Nov. 30, 1890 during the Filipino-American War
upon recommendation of the Philippine Commission to the Secretary of
War.

b. Another Insular Police Force

It was created on July 18, 1901 by virtue of Act # 175, titled as “AN ACT
PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN
INSULAR CONSTABULARY”.

c. Manila Police Department

 It was organized on July 31, 1901 by virtue of Act. # 183 of the Philippine
Commission. The 1st Chief of Police was Capt. George Curry.

d. Philippine Constabulary (PC)

Was formally established on Oct. 03, 1901 by virtue of Act # 255. Capt.
Henry T. Allen was the First Chief of the Philippine Constabulary. The PC
was manned mostly by Filipinos but officers were mostly Americans.

e. Revised Administrative Code of 1917

Was approved a year before World War I (August 1914 to November
1918) ended. In this law, stated that the Philippine Constabulary is a
national police institution for preserving the peace, keeping order and
enforcing the law.

f. November 1938, Act # 181

Creation of Bureau of Investigation, this agency should be the
modification of the Division of Investigation (DI) from the Department of
Justice.

g. June 19, 1947, RA 157

Was enacted which created the National Bureau of Investigation.

- During the Post-World War II, the following are the

important dates and events:

a. 1960, Republic Act # 2678

This law provided the expansion and reorganization of the NBI. This law
established that the NBI is both an investigative and research service
agency.

b. January 1, 1964, the Rules of Court took effect

This procedural law was construed in order to promote the board objective
of the criminal justice system and to assist the parties in obtaining just,
speedy, and inexpensive determination of every action and proceeding.

c. September 18, 1966, Republic Act # 4864

Otherwise known as Police Act of 1966 was enacted. The created the
Office of Police Commission (later called National Police Commission or
 NAPOLCOM) under the office of the President. Originally, created as
supervisory agency of PC. Its function is to oversee the training and
professionalization of the local police forces. Through this law, reformation
and professionalization of the police service gained official recognition.

d. August 8, 1975, Presidential Decree # 765

NAPOLCOM should under the office of the Ministry of National Defense. It
defined also as relationship between the Integrated National Police and
the Philippine Constabulary.

e. December 13, 1990, Republic Act # 6975

Took effect January 1, 1991. It was approved by President Corazon
Aquino. This is also known as the DILG (Department of Interior and Local
Government) Act of 1990 and but also recognized as The PNP Law of
1991. This law created the Philippine National Police and declared it to be
the only police force of the country with national scope and civilian in
character.

f. February 25,1998, Republic Act # 8551

The provisions of RA # 6975 concerning PNP, was approved by President
Fidel Ramos and it is also known as PNP Reform and Reorganization
Act of 1998, reorganized the PNP for the purpose of reforming or
professionalizing it.

g. Republic Act 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

THE POLICE: As Front Liners

The police or law enforcement pillar occupies the frontline of the CJS because
they are regarded as the initiator of the system. They are the first contact of the law
violator in the CJS process. It is the police that investigate, make arrest and prepares
evidence against the suspects needed to prosecute them. The police or law
enforcement pillar is made up mainly of the Philippine National Police (PNP), the
National Bureau of Investigation (NBI) and the Philippine Drug Enforcement Agency
(PDEA) and those units in the different government agencies having the powers to
enforce laws.
System relationship with the other Pillars

I. The Police and the other Law Enforcement Unit and Vice Versa

-The relationship of the police with other law enforcement agencies such as NBI,
PDEA, LTO, Bureau of Immigration, Bureau of Customs and others are
established and maintained through cooperation, joint police operations,
intelligence operations and networking against criminal elements, joint data
gathering and sharing of information.

II. The Police and the Prosecution and Vice Versa

-the relationship of the police and the prosecution is established and maintained
through the preparation and presentation of evidence. The burden of proving the
guilt of the accused by the prosecution is entirely dependent upon the evidence
presented by the police.

III. The Police and Court And Vice Versa

-the relationship of the police and court is established and maintained through
legal processes and criminal proceedings. The police must get a necessary
search warrant from the court to conduct search and seizure operations against
any form of criminal activities. The court issues search and warrant of arrest and
directs the police to seize properties subject of search and bring the suspect
before the court to answer for the commission of the crime.

IV. The Police and the Correction and Vice Versa

-the relationship between the police and the correction is established and
maintained through provisions of security, police escort and custodial services.
Also the police help in the conduct of manhunt against fugitives, escapees and
bring them back behind prison bars.

V. The Police and the Community and Vice Versa

-The relationship between police and the community is established and

maintained through police community cooperation. The establishment of
community-based anti crime groups in the locality through police community
partnership helps enhance and sustain public safety undertakings.

Policing or law enforcement is commonly seen as the sole responsibility of the

government through its law enforcement agencies. However, today’s trend in law
enforcement requires the unselfish contribution of the community members to be
effective and efficient.
POLICE PROCESSES: A Major Chain in the CJS
Policing is the initial process in the entire criminal justice system. The law
enforcement agencies are considered the initiator in said process which knot the
function of:
A. Crime Detection
B. Crime Investigation
C. Apprehension of Suspects
D. Search and Seizure and
E. The Case Preparation

❖ Crime Detection
There are several ways in which crimes come to the attention of police:
1. Receipt of the citizen complaints or calls for assistance
2. Receipts of signals from alarm device.
3. Observations by the officers on patrol of suspicious behavior, a crime in progress,
or the aftermath of a crime.
4. Observation of the planning or execution of crimes by pro-active measures –
measures through which police seek to detect crimes, or attempts to be present
when they are committed, through the use of the undercover agents, electronic
devices for wiretapping or bugging, stakeouts.
*Response Time
The time that elapses between receipt of the call or alarm and the arrival of
responding officers at the crime scene. The shorter it is, the better. (5 minutes)

❖ Crime Investigation
It is a police activity directed toward the identification and apprehension of
alleged criminals and the accumulation, preservation, and preparation of
evidence regarding their alleged crimes.
Criminal Investigation is a specialized aspect of police work which is the
responsibility of both the uniformed patrolman and investigator. In the
investigation of crime, evidence technicians and other highly trained persons,
known as Scene Of the Crime Operations (SOCO) officers, assist in the
collection, preservation, analysis and preservation of physical evidence found at
the crime scene.
a. Preliminary/ Initial Investigation is the initial or beginning phase of a
systematic inquiry into an alleged crime.
 b. Follow-up Investigation is the extension, or continuation of the
preliminary investigation. It is necessary to bring a case to a successful
conclusion, or to solve an unsolved case.
❖ Apprehension of Suspects
Arresting is the other term for apprehension.
An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest. No violence or unnecessary
force shall be used in making an arrest. The person arrested shall not be subject to a
greater restraint than is necessary for his detention.
(Rules of Court, Rule 113, Sec.2)

Time of making arrest — an arrest may be made on any day and at any time of the
day or night.
(Rules of Court, Rule 113, Sec.6)

Execution of warrant/ Validity — the head of the office to whom the warrant of arrest
was delivered for execution shall cause the warrant to be executed within ten (10) days
from its receipt. Within ten (10) days after the expiration of the period, the officer to
whom it was assigned for execution shall make a report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall state the reasons therefor.

A warrant of arrest, whether issued by a court of competent jurisdiction, may be served

anywhere in the Philippines. (RoC, Rule 135, Sec. 3)

Warrant of Arrest- It is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to take
a person into custody in order that he may be bound to answer for the commission of an
offense.

Arrest without a Warrant- a peace officer or a private person may, without a warrant,
arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another.

The above provision is often referred to as “Citizen’s Arrest” because it is also the
power of a citizen to arrest a person without warrant of arrest under said circumstances.

❖ Search and Seizure

Search Warrant- it is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and bring it before the court. 

*Probable Cause- refers to such facts and circumstances that would lead a
reasonably discreet and prudent man to believe that an offense has been
committed and that the object sought in connection with the offense are in the
place sought to be searched.

Personal property to be seized— a search warrant may be issued for the

search and seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.

Validity of Search Warrant- a search warrant shall be valid for ten (10) days
from its date. Thereafter it shall be void.

Warrantless Search and Seizure- there are several instances where a search may be
lawfully be made without a warrant.

1. Where there is consent or waiver.

- Where a person voluntarily submits himself to a search, a warrant
therefore is unnecessary. And if a person failed to object at the time of
search, it is presumed that he consented to the search.

2. Where search is an incident to a lawful arrest.

- A person lawfully arrested may be searched, without a search warrant, for
dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense.

3. The “plain view” exception (plain view doctrine)

 - Where, without a search, the possession of articles prohibited by the law
is disclosed to plain view or is open to the eye and hand.

4. Checkpoint searches
- “Stop-and-search” at military police checkpoints has been upheld by our
Supreme Court and therefore suspicious behavior during routine
inspection and questioning at these checkpoints may provide the probable
cause to justify more extensive search.

Method of Search- Like a warrant of arrest, a search warrant is enforceable by forcible

methods where resistance is offered. The Rules of Court expressly authorizes the
warrant officer, if refused admittance to the place of directed search after giving notice
of his purpose and authority, may break open any outer or inner door or window of a
house or any part of a house or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when unlawfully detained therein. (RoC, Rule
126, Esc. 7)

❖ The Case Preparation

This is the process of bringing together in an organized and logical

manner all evidence collected during the investigation of a crime and
present it to the prosecutor. The investigator must be able to present to
prosecutor and prove before the court the CORPUS DELICTI.

Corpus Delicti (substance or body of the crime) - it means that a specific crime was
committed at a specified time, date and place and that person named in his report
committed the crime.
MIDTERM

SECOND PILLAR OF THE PCJSYS: PROSECUTION (FISCAL)

PROSECUTION - is the process or method whereby accusations are

brought before a court of justice to determine the innocence or guilt of the
accused. It is also the institution for continuation of a criminal suit involving
the process of exhibiting formal charges against an offender before a legal
tribunal and pursuing a final judgment on behalf of the state or government.

Prosecution in the Philippines

Within the Philippines legal setting, prosecution occupies a unique

position in our CJS. The prosecutor serves as lawyer of the government in
criminal cases and automatically considered an officer of the court at the
same time a member of the Department of Justice (DOJ) which is under
the executive branch of the government, thus independent from the
judiciary.

All criminal actions either commenced by complaint or by

information shall be prosecuted under the direction and control of a
public prosecutor. The prosecution occupies the second pillar of the
criminal Justice system The power of the prosecution cannot easily be
gainsaid. While the police initiate the process to make the criminal justice
system work, it is the prosecutor who decides at his discretion whether to
formally set in motion the cycle of criminal justice and control the criminal
case before it reaches the court for final proper dispensation of justice.
 In the Philippines, the public prosecutor is actively involved in the
investigation of crimes and can commence an investigation upon receiving
a report from a law enforcement agency or a private party.

Coordination between the prosecutors and the police in the process

ensures that the evidence collected stands up to judicial scrutiny even at
the early stages of a case. Courts rely heavily on the evidence submitted
by the prosecution panel, which comprises the work of both the police and
prosecutor. The panel is also obliged to ensure that witnesses appear in
court as required, evidence is stored correctly, and that there are no undue
delays from the side of the prosecution that may upset the hearing
schedule.

Although the prosecutor has direct control in prosecuting all criminal

actions, private prosecutors are also allowed once they get approval from
the Chief State Prosecutor (CSP) or a Regional State Prosecutor (RSP)
(Revised Rules of Criminal Procedure, rule 110, section 5). Once given
permission, a private law practitioner can act either as lead prosecutor or
assistant prosecutor. This authority will last until the trial is completed,
unless it is revoked.

Overview of Functions of the Prosecution

The prosecution occupies the second pillar in the CJS. It has the
burden of proving the guilt of the accused in a formal criminal proceeding. It
acts as the lawyer or counsel for the State and ensures the defendant's
prosecution and eventual sentencing in court. In the rural areas the police
may file the complaint with the Municipal Trial Courts or Municipal
Circuit Trial Courts. Judges of these inferior courts may act as
quasi-prosecutors only for the purpose of conducting preliminary
investigation in the absence of any prosecutor in a certain area.
 Once a prima facie case has been determined, the complaint is
forwarded to the City or Provincial Prosecutor's Office, which will review the
case. When the complaint has been approved for filling or once the
information is filed with the Regional Trial Courts, a warrant of arrest is
then issued signaling the start of prosecution and trial of the case against
the accused.

Under the Rules on Criminal Procedure, our prosecutors have the

power to dismiss a case or hold a suspect for trial. Since the prosecution in
criminal cases is initiated on behalf of the People rather on the individual
victim or complainant, our prosecutorial agencies are categorized as follow:

● Provincial City/Chief State Prosecutor

● Assistant City/State Prosecutor

These agencies with their prosecuting arms play perhaps the crucial role in
the administration of criminal justice because they occupy a central and
very important position between the police and the courts. The prosecutor
has absolute unrestricted discretion in the performance of its duty.
Prosecutorial discretion typically enters the picture immediately after the
arrest, when police reports are forwarded to the prosecutor for review.

The prosecutor screens and evaluates the documents in order to decide

whether to accept or reject the case for prosecution is dependent upon the
police initiatory action. The effectiveness of prosecution depends on the
immediate and full cooperation of the arresting officer so that the case
could receive instant prosecutorial attention.

Because the police are the first link in the CJS, an immediate working
relationship between the police and prosecution allows the prosecutor to be
involved in the investigative process in order to:
 ● review the legal strength of the case
● review the action taken by the police while the facts are still fresh;
and
● make better informed decisions concerning the state's course of
action

When the police apprehend a person as a suspect in a certain crime, that

person is placed under custodial interrogation. If the outcome of the
investigation reveals sufficient evidence against the suspect, the suspect is
placed under arrest. Within a prescribed period the police report of the case
is forwarded to the prosecutor's office for review. The prosecutor screens
and evaluates documents in order to decide whether to accept or reject the
cases for prosecution.

The Complaint or Information

The complaint or information shall be in writing, in the name of the

People of the Philippines and against all persons who appear to be
responsible for the offense involved.

Complaint.

A complaint is a sworn written statement charging a person with an offense,

subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated.

Information.

An information is an accusation in writing charging a person with an

offense, subscribed by the prosecutor and filed with the court.
Sufficiency of complaint or information

A complaint or information is sufficient if it states the following:

a. Designation of the offense given by the statute

b. Name of the Accused
c. Approximate Date of the commission of the offense
d. Acts or omissions complained of as constituting the offense,
e. Place where the offense was committed, and
f. Name of the Offended party

When an offense is committed by more than one person, all of the shall be
included in the complaint or information.

Name of the accused The complaint or information must state the name
and surname of the accused or any appellation or nickname by which he
has been or is known. If his name cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is
unknown.

If the true name of the accused is thereafter disclosed by him or appears in

some other manner to the court, such true name shall be inserted in the
complaint or information and record.

Designation of the offense The complaint or information shall state the

designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference shall be
made to the section or subsection of the statute punishing it.

Cause of the accusation. The acts or omissions complained of as

constituting the offense and the qualifying and aggravating circumstances
must be stated in ordinary and concise language and not necessarily in the
language used in the statute but in terms sufficient to enable a person of
common understanding to know what offense is being charged as well as
its qualifying and aggravating circumstance and for the court to pronounce
judgment.

Place of commision of the offense The complaint or information is

sufficient if it can be understood from its allegations that the offense was
committed or some of its essential ingredients occurred at some place
within the jurisdiction of the court, unless the particular place where it was
committed constitutes an essential element of the offense charged or is
necessary for its identification.

Date of commission of the offense It is not necessary to state in the

complaint or information the precise date the offense was committed except
when it is a material ingredient of the offense. The offense may be alleged
to have been committed on a date as near as possible to the actual date of
its commission.

Name of the offended party The complaint or information must state the
name and surname of the person against whom or against whose property
the offense was committed, or any appellation or nickname by which such
person has been or is known. If there is no better way of identifying him, he
must be described under a fictitious name.

(a) In offenses against property, if the name of the offended party is

unknown, the property must be described with such particularity as to
properly identify the offense charged.

b) If the true name of the person against whom or against whose property
the offense was committed is thereafter disclosed or ascertained, the court
must cause such true name to be inserted in the complaint or information
and the record.

(c) If the offended party is a juridical person, it is sufficient to state its name,
or any name or designation by which it is known or by which it may be
identified, without need of averring that it is a juridical person or that it is
organized in accordance with law.

National Prosecution Service - It is under the supervision and control of

the Department of Justice and is tasked as the prosecutor arm of the
government.

Functions of Prosecutors

1. To conduct Preliminary Investigation (PI)

2. To make proper recommendations during the inquest of a case.

3. Represent the government or state during the prosecution of the case.

4. To act as Law Officer of the province or city in the absence of Legal

Officer.

5. To investigate Administrative cases filed against State Prosecutors.

Preliminary Investigation: Concept, Purposes

PRELIMINARY INVESTIGATION – is an inquiry or proceeding for the

purpose of determining whether there is sufficient ground to engender a
well-founded belief that a crime cognizable by the Regional Trial Court has
been committed and that the respondent is probably guilty thereof.

Probable Cause: Object of Preliminary Investigation

PROBABLE CAUSE- is the existence of such facts and circumstances as
would exile the beliefs, in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that a person charged was of the crime he
was prosecuted. As a ground for issuance of a warrant of arrest, Probable
Cause is such facts and circumstances that would lead a reasonably
discreet and prudent man to believe that a person sought to be arrested
has committed an offense. As a protection against false prosecution and
arrest, Probable Cause is the knowledge of facts, actual or apparent,
strong, strong enough to justify a reasonable man in the belief that he has
lawful grounds for arresting the accused.

Preliminary Investigation: When Required?

A preliminary investigation is required to be conducted before the

filing of a complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day
without regard to the fine.

The main purposes of preliminary investigation are the ff.

1. To protect the innocent against hasty, oppressive and malicious

prosecution.

2. To secure the innocent from open and public accusation of trial from
trouble expense and anxiety of a public trial.

3. To protect the state from useless and expensive trials.

 In terms of procedure in the preliminary investigation process the ff.
are followed.

1. Filing of the sworn complaint affidavit together with supporting

document;

2. Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to continue
with the investigation, or issue a subpoena to the respondent
attaching to it a copy of the complaint and its supporting affidavits
and documents.

3. Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the respondent shall
submit his counter-affidavit and that of his witnesses and other
supporting documents relied upon for his defense.

4. If the respondent cannot be subpoenaed, or if subpoenaed,

does not submit counter-affidavits within the ten (10) day period, the
investigating officer shall resolve the complaint based on the evidence
presented by the complainant.

5. The investigating officer may set a hearing if there are facts

and issues to be clarified from a party or a witness. The parties can be
present at the hearing but without the right to examine or
cross-examine. They may, however, submit to the investigating officer
questions which may be asked to the party or witness concerned.

The hearing shall be held within ten (10) days from submission of the
counter-affidavits and other documents or from the expiration of the period
for their submission. It shall be terminated within five (5) days.

6. Within ten (10) days after the investigation, the investigating officer
shall determine whether or not there is sufficient ground to hold the
respondent for trial.
Officer authorized to conduct Preliminary Investigation.

1. Judges of the Municipal Trial Courts

2. Judges of the Municipal Circuit Trial Court

3. National and Regional State Prosecutors

4. Provincial and City Prosecutors

5. Such other officer that maybe authorized by law.

ARREST: The Taking of a Person to Custody

Under Rule 113 of the Rules of Court, Arrest is defined as the taking of a
person into custody in order that he may be bound to answer for the
commission of offense.

Arrest: how made - An arrest is made by an actual restraint of a person to

be arrested, or by his submission to the custody of the person making the
arrest.

No violence or unnecessary force shall be used in making an arrest. The

person arrested shall not be subject to a greater restraint than is necessary
for his detention.

Duty of arresting officer

It shall be the duty of the officer executing the warrant to arrest the accused
and deliver him to the nearest police station or jail without unnecessary
delay.
Execution of warrant

The head of the office to which the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten [10) days from
its receipt. Within ten (10) days after the expiration of the period, the officer
to whom it was assigned for execution shall make a report to the judge who
issued the warrant. In case of his failure to execute the warrant, he shall
state the reasons thereof.

Arrest without warrant; when lawful

A peace officer or a private person may, without a warrant, arrest a person:

(a) when, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause
to belief based on personal knowledge of facts or circumstances that the
person to be arrested committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from once confinement to another.

An arrest may be made on any day and at any time of the day or night.

Method of arrest by officer by virtue of warrant

When making an arrest by virtue of a warrant, the officer shall inform the
person to be arrested of the cause of the arrest and the fact that a warrant
has been issued for his arrest, except when he flees or forcibly resists
before the officer has opportunity to inform him, or when the giving of such
information will imperil tht arrest. The officer need not have the warrant in
his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as
practicable.

Method of arrest by officer without warrant

When making an arrest without a warrant, the officer shall inform the
person to be arrested of his authority and the cause of the arrest, unless
the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees, or forcibly resists
before the officer has opportunity to inform him, or the giving of such
information will imperil the arrest.

Method of arrest by private person

When making an arrest, a private person shall inform the person to be

arrested of the intention to arrest him and the cause the arrest, unless the
latter is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to inform him, or when
the giving of such information will imperil the arrest.

Officer may summon Assistance

An officer making a lawful arrest may orally summon as many persons as

he deems necessary to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest when he can
render such assistance without detriment to himself.
Right of officer to break into building or enclosure

An officer, in order to make an arrest either by virtue of a warrant, or without

a warrant as provided in section 5, may break into any building or
enclosure where the person to be arrested is or is reasonably believed to
be, if he is refused admittance thereto, after announcing his authority and
purpose.

Right to break out from building or enclosure

Whenever an officer has entered the building or enclosure in accordance

with the preceding section, he may break out therefrom when necessary to
liberate himself.

Right of attorney or relative to visit person arrested

Any member of the Philippine Bar shall, at the request to the person
arrested or of another, acting in his behalf, have the right to visit and confer
privately with such person in the jail or any other place of custody at any
hour of the day or night. Subject to reasonable regulations, relative of the
person arrested can also exercise the same right.

Appeal against Prosecutor's Finding

Even though the prosecutor has filed charges in court, a petition for review
of the prosecutor's findings can still be made. All petitions for review of
resolutions must be filed with the RSP concerned, who shall resolve them
with finality in certain cases (Department of Justice DoJ Circulars 70
&70-A, 2000). The appeals should be made within 15 days from receipt of
the resolution. Only one motion for reconsideration is allowed. Once the
resolution is deemed final, charges are then filed in court. As there are no
policies or guidelines to limit the period within which a review of a resolution
on appeal should be completed, this inevitably leads to delays in the filing
of charges in court.

In cases involving public officers, police and the military, prosecutors are
required to forward the resolution to the Office of the Ombudsman for
Military and Other Law Enforcement Offices. The ombudsman has the
power to either endorse or to reverse the prosecutor's resolution Joint
Circular with DoJ Circular 1, 1995). If the ombudsman decides to endorse
the filing of charges, the also has responsibility to appoint or deputize a
prosecutor to take charge of the case: however, in practice public
prosecutors are automatically treated as deputized.

Inquest Procedure: A Prosecutor’s Duty

INQUEST is defined as the informal and summary investigation conducted

by a public prosecutor in a criminal case involving persons arrested without
the benefit of a warrant to determine if the person so arrested should
remain under custody and be charged accordingly.

Inquest conducted as follows

(a) Fiscal determines the validity of the arrest

(b) Fiscal determines existence of prima facie evidence based on the

statements of the complainant, arresting officer and witnesses.
(c) Fiscal either dismisses the complaint and orders the immediate release
of the accused, OR prepares and files an information.

In relation to arrest, any person arrested without the benefit of a warrant

(warrantless arrest) shall be released subject to the gravity of the offense
he is suspected to have committed such that;
1. 12 hours, if the person committed a light felony;
2. 18 hours, if the person committed a less grave felony; and
3. 36 hours, if the person committed a grave felony.

Any police officer who will not observe or fail to observe the following
number of hours shall be charged for arbitrary detention under article 125
of the Revised Penal Code.

BAIL: Bond for Temporary Liberty

Rule 114 of the Rules of Court states that Bail is the security given
for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required
under the conditións hereinafter specified.

Kinds of Bail

1. Corporate surety
2. Property bond
3. Cash bond
4. Recognizance
Bail, a matter of right; exception

All persons in custody shall be admitted to bail as a matter of right,

with sufficient sureties, or released on recognizance as prescribed by law
or this Rule:(a) before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit
Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment; (b) Before conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life imprisonment

Capital offense or an offense punishable by reclusion perpetua or life

imprisonment, not bailable

No person charged with a capital offense or an offense punishable by

reclusion perpetua or life imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the stage the criminal prosecution.

Bail, when discretionary

Upon conviction by the Regional Trial Court of an offense not

punishable by death, reclusion perpetua, or life imprisonment, admission to
bail is discretionary. The application for bail may be filed and acted upon by
the trial court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However, if the
decision of the trial court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to
continue on provisional liberty during the pendency of the appeal under the
same bail subject to the consent of the bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6)
years, the accused shall be denied bail, or his bail shall be canceled upon a
showing by the prosecution, with notice to the accused of the following or
other similar circumstances.

1. That he is a recidivist, quasi-recidivist. or habitual delinquent, or has

committed the crime aggravated by the circumstances of reiteration;

2. That he has previously escaped from legal confinement, evaded

sentence, or violated the conditions of his bail without valid justification;

3. That he committed the offense while under probation, parole, or

conditional pardon;

4.That the circumstances of his case indicate the probability of flight if

released on bail: or

5. That there is undue risk that he may commit another crime during the
pendency of the appeal.

Conditions of the bail; requirements

All kinds of the bail are subject to the following conditions:

1. The undertaking shall be effective upon approval and unless

canceled, shall remain in force at all stage of case until promulgation
of the judgment of the Regional Trial Court, irrespective of whether
the case was originally filled in or appeal to it.
2. The accused shall appear before proper court whenever required by
the court or the Rules.
 3. The failure of the accused to appear at the trial without justification
and despite due notice shall be deemed a waiver of his right to be
present thereat. In such case, the trial may proceed in absentia.
4. The bondsman shall surrender the accused to the court for execution
of the final judgment.

Amount of bail; guidelines

The judge who issued the warrant or granted the application shall fixed a
reasonable amount of bail considering primarily, but not limited to the
following factors:

1.Financial ability of the accused to give bail:

2. Nature and circumstances of the offense:

3. Penalty for the offense charged;

4. Character and reputation of the accused:

5. Probability of the accused appearing at the trial:

6. Weight of the evidence against the accused;

7. Age and health of the accused;

8 Forfeiture of the accused appearing at the trial

9. Pendency of other cases where the accused is on bail.

10. The fact that the accused was a fugitive from justice when arrested;
and

11. Excessive bail shall not be required.

Bail, where filed

(a) Bail in the amount fixed may be filed with the court where the case is
pending, or in the absence or unavailability of the judge thereof, with any
regional trial judge, metropolitan trial Judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or municipality. If the
accused is arrested in a province, city, or municipality other than where the
case 1s pending, bail may also be filed with any regional trial court of said
place, or if no judge thereof is available, with any metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge therein.

(b) Where the grant of bail is a matter of discretion, or the accused seeks
to be released on recognizance, the application may only be filed in the
court where the case is pending, whether on preliminary investigation, trial,
or appeal.

(c) Any person in custody who is not yet charged in court may apply for bail
with any court of the province city, or municipality where he is held.

Notice of application to prosecutor

The court must give reasonable notice of the hearing to the prosecutor or
require him to submit his recommendation.

Release on bail

The accused must be discharged upon approval of the bail by the judge
with whom it was filed in accordance with section 17 of this Rule.

When bail is filed with a court other than where the case is pending, the
judge who accepted the bail shall forward it, together with the order of
release and other supporting papers, to the court where the case is
pending which may, for good reason, require a different one to be filed.
RIGHTS OF THE ACCUSED

RULE 115

Rights of Accused

Section 1. Rights of accused at the trial. — In all criminal prosecutions, the

accused shall be entitled to the following rights:

(a) To be presumed innocent until the contrary is proved beyond

reasonable doubt.

(b)To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of

the proceedings, from arraignment to promulgation of the judgment. The
accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail, unless his presence is specifically ordered
by the court for purposes of identification. The absence of the accused
without justifiable cause at the trial of which he had notice shall be
considered a waiver of his right to be present thereat. When an accused
under custody escapes, he shall be deemed to have waived his right to be
present on all subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself in person
when it sufficiently appears to the court that he can properly protect his
right without the assistance of counsel.

(d) To testify as a witness in his own behalf but subject to

cross-examination on matters covered by direct examination. His silence
shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial.
Either party may utilize as part of its evidence the testimony of a witness
who is deceased, out of or can not with due diligence be found in the
Philippines, unavailable or otherwise unable to testify, given in another case
or proceeding, judicial or administrative, involving the same parties and
subject matter, the adverse party having the opportunity to cross-examine
him.

(g) To have compulsory process issued to secure the attendance of

witnesses and production of other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

LESSON 3: COURT: THE CENTER PILAR

Purpose of the Court

1. Securing the efficacy, efficiency and fairness and the administration of

criminal justice,

2. It determines the innocence or guilt of the accused through a balance

of the antecedents of the case.

3. It is the forum where the prosecution is given the opportunity to prove

that there is strong evidence of guilt against the accused.

4. It is also in the court that the accused is given his “day in court” to
disproved the accusation against him.

COURT: Concepts, Terms and Definitions

COURT- is a government institution, which decides disputes between
citizens and between citizens and government. Its basic function is to
determine the guilt or innocence of persons accused of crime and imposed
punishment on those found guilty.

COURTS are also judicial tribunals primarily engaged in the dispensation

or administration of justice to resolve, settle and end cases brought before
it. The courts, in accordance with the law, acquire jurisdiction of a case for
trial.

JURISDICTION is defined as the power to try and decide, or hear and

determine, a case. To try and decide means to receive evidence from the
party (including their arguments); to decide or determine a case means to
resolve the disputes by applying the law to facts.

VENUE is the site or location where the case is to be tried on the merits. It
also refers to the specific judicial branch or sala of the judge who acquire
jurisdiction or authority for trial/hearing of the case through the conduct of
raffle.

JUDGMENT is the adjudication by the court that the accused is guilty of the
offense charged, and the imposition of the proper penalty and civil liability
provided for by law against an accused.

ADMINISTRATION OF JUSTICE refers to the determination of the facts of

the case based on submitted evidence and the application of laws to such
facts as presented by evidence to settle and decide a case. Administration
of justice involves two things namely: (1) ascertainment or determination of
the relevant facts of a controversy (2) the application of the law to those
facts and order to resolve the controversy.
COURT: It's Role in the CJS

The court is the centerpiece of the five (5) pillars of the CJS. As such,
the court performs perhaps the most important role in the administration of
justice because it is the court that everyone turns for justice. The court
plays a vital role in the attainment of the goals and objectives of the
criminal justice system by helping the government to keep the peace,
solve controversies, and perform administrative roles.

In the context of the Criminal Justice System’s processes, after the

suspect has gone through the prosecution, he is sent to the proper trial
court, which then passes judgment upon his innocence or guilt. If the court
finds him innocent and or that his guilt has not been proved, he is acquitted
otherwise the court will convict him and impose a sentence or penalty in
accordance with the law. In the CJS, the court is looked upon as the final
arbiter for justice, the frontline defender of democracy, freedom, and human
dignity. The only institution capable of identifying and maintaining the
proper balance between the conflicting rights of the individual and those of
the state and society. It is to the courts that everyone tums to for justice.

COURT: The Power of the Judiciary

The judicial power is vested in one Supreme Court and in such lower courts
as may be established by law. Judicial power includes the duty of the
courts to:

a) Settle actual controversies involving rights, which are legally

demandable and enforceable;

b) Determine whether or not there has been a grave abuse of discretion

amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
The Philippine Organization of Courts

Composition of Philippine Courts

As shown in the organizational chart of Philippine courts, the following are:

REGULAR COURTS

Supreme Court

Court of Appeals

Regional Trial Courts

Metropolitan Trial Courts

Municipal Trial Courts in Cities

Municipal Trial Courts

Municipal Circuit Trial Courts

SPECIAL COURTS
 Sandiganbayan

Court of Tax Appeals

Shari ’a District Courts

Shari ’a Circuit Courts

COLLEGIATE COURTS

Supreme Court

Court of Appeals

Sandiganbayan

Court of Tax Appeals

LOWER COURTS

Court of Appeals

Sandiganbayan

Court of Tax Appeals

Regional Trial Courts

Metropolitan Trial Courts

Municipal Trial Courts in Cities

Municipal Trial Courts

Municipal Circuit Trial Courts

Shari ’a District Courts

 Shari ’a Circuit Courts

The Municipal Trial Courts and Municipal Circuit Trial Courts

Every municipality in the Philippines has its own Municipal Trial Court.
It is referred to as such if it covers only one municipality otherwise, it is
called Municipal Circuit Trial Court if it covers two or more municipalities.

The Metropolitan Trial Courts and Municipal Trial Courts in Cities

Municipal Trial Courts in the towns and cities in the Metropolitan

Manila area, as distinguished from the other political subdivisions in the
Philippines, are referred to as Metropolitan Trial Courts.

The Regional Trial Courts

Regional Trial Courts were established among the thirteen regions in

the Philippines consisting of Regions I to XII and the National Capital
Region (NCR). There are as many Regional Trial Courts in each region as
the law mandates.

Republic Act. No. 8359 otherwise was known as the “Family Courts
Act of 1997” was enacted establishing the Family Court, granting this court
exclusive original jurisdiction over child and family cases.

The Shari ’a Courts (code of Muslim cases)

Equivalent to the Regional Trial Courts in rank are the Shari ’a District
Courts which were established in certain specified provinces in Mindanao
where the Code of Muslim Personal Laws of the Philippines is being
enforced.

There are five Shari ’a District Courts and fifty one Shari ’a Circuit in
existence.
 A Shari ’a District Court is of limited jurisdiction. It was created under
Presidential Decree No. 1083. Cases falling within the exclusive jurisdiction
of the Shari’a District Court primarily pertain to family rights and duties as
well as contractual relations of Filipino Muslim in the Mindanao.

The Court of Tax Appeals (tax evasion cases)

The Court of Tax Appeals was created under Republic Act No. 1125.
It is a special court of limited jurisdiction. Republic Act No. 9282 expanded
the jurisdiction of the Court of Tax Appeals.

Republic Act No. 1125 Section 7. Jurisdiction. - The Court of Tax

Appeals shall exercise exclusive appellate jurisdiction to review by appeal,
as herein provided.

(1) Decisions of the Collector of Internal Revenue in cases involving

disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties imposed in relation thereto, or other matters arising
under the National Internal Revenue Code or other law or part of law
administered by the Bureau of Internal Revenue;

(2) Decisions of the Commissioner of Customs in cases involving liability

for customs duties, fees or other money charges; seizure, detention or
release of property affected fines, forfeitures or other penalties imposed in
relation thereto; or other matters arising under the Customs Law or other
law or part of law administered by the Bureau of Customs; and

(3) Decisions of provincial or city Boards of Assessment Appeals in cases

involving the assessment and taxation of real property or other matters
arising under the Assessment Law, including rules and regulations relative
thereto.

Sandiganbayan (corruption cases)

It is a special courts which was established under Presidential Decree

NO. 1606. It is rank is equivalent to Court of Appeals.
Presidential Decree NO. 1606 Section 4. Jurisdiction. The
Sandiganbayan shall have jurisdiction over:

(a) Violations of Republic Act No. 3019, as amended, otherwise, known as

the Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379;

(b) Crimes committed by public officers and employees including those

employed in government-owned or controlled corporations, embraced in
Title VII of the Revised Penal Code, whether simple or complexed with
other crimes; and

(c) Other crimes or offenses committed by public officers or employees,

including those employed in government-owned or controlled corporations,
in relation to their office.

The Court of Appeals

The Court of Appeals was established under Batas Pambansa No.

129 known as the “Judiciary reorganization act of 1980”. The Court is
composed of 1 Presiding Justice and 68 Associate Justices. They are all
appointed by the President.

Batas Pambansa No. 129 Section 9. Jurisdiction. – The Court of

Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari,

habeas corpus, and quo warranto, and auxiliary writs or processes,
whether or not in aid of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements

of Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions,

orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, including the Securities and
Exchange Commission, the Social Security Commission, the Employees
Compensation Commission and the Civil Service Commission, Except
those falling within the appellate jurisdiction of the Supreme Court in
accordance with the Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary Act of 1948

The Supreme Court: The Highest Court

The Supreme Court is the Highest Court in the Philippines. It is the

final arbiter of any and all judicial issues. When so deciding, it may sit en
banc or in divisions of three, five or seven members.

The Supreme Court is composed of 1 Chief Justice and 14 Associate

Justices, all of whom are appointed by the President from a list of
recommendees presented by the judicial and bar council.

COURT: Litigation Process

Arraignment and Plea (Rule 116, Rules of Court)

*Arraignment- The appearance of the defendant before the court during

which the defendant is formally told of the charges and of his or her rights
and enters a plea. If not previously done, conditions of release may be set
or reviewed at this proceeding.

*Plea- A defendant’s formal answer to charges denying or admitting guilt.

Common pleas include guilty plea, not-guilty plea, nolo contendere, no
contest plea or not guilty by reason of insanity.

Motion to Quash (Rule 117 Rules of Court)

-Section 1. Time to move to quash. — At any time before entering his plea,
the accused may move to quash the complaint or information.

Section 2. Form and contents. — The motion to quash shall be in writing,

signed by the accused or his counsel and shall distinctly specify its factual
and legal grounds. The court shall consider no ground other than those
stated in the motion, except lack of jurisdiction over the offense charged.

Pre-trial (Rule 118 Rules of Court)

Pre-trial; mandatory in criminal cases.

In all criminal cases cognizable by the Sandiganbayan, Regional Trial

Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court and Municipal Circuit Trial Court, the court shall after
arraignment and within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter period is
provided for in special laws or circulars of the Supreme Court, order a
pre-trial conference to consider the following:

(a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the parties;

(d) waiver of objections to admissibility of evidence;

(e) modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and

(f) such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case. (secs. 2 and 3, cir. 38-98)
 Trial (Rule 119 Rules of Court)

-A hearing at which the jury or judge hears evidence and decides whether a
defendant is guilty of the crime(s) charged.

-Time to prepare for trial. — After a plea of not guilty is entered, the
accused shall have at least fifteen (15) days to prepare for trial. The trial
shall commence within thirty (30) days from receipt of the pre-trial order.

-The court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trial on a weekly or other short-term
trial calendar at the earliest possible time so as to ensure speedy trial. In no
case shall the entire trial period exceed one hundred eighty (180) days
from the first day of trial, except as otherwise authorized by the Supreme
Court.

Order of trial

The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability.

(b) The accused may present evidence to prove his defense and damages
if any, arising from the issuance of a provisional remedy in the case.

(c) The prosecution and the defense may, in that order, present rebuttal and
sur-rebuttal evidence unless the court, in furtherance of justice, permits
them to present additional evidence bearing upon the main issue.

(d) Upon admission of the evidence of the parties, the case shall be
deemed submitted for decision unless the court directs them to argue orally
or to submit written memoranda.

(e) When the accused admits the act or omission charged in the complaint
or information but interposes a lawful defense, the order of trial may be
modified.
 Judgment (Rule 120 Rules of Court)

Judgment is the adjudication by the court that the accused is guilty or

not guilty of the offense charged and the imposition on him of the proper
penalty and civil liability, if any. It must be written in the official language,
personally and directly prepared by the judge and signed by him and shall
contain clearly and distinctly a statement of the facts and the law upon
which it is based.

New Trial or Reconsideration (Rule 121 Rules of Court)

-Section 1. New trial or reconsideration. — At any time before a judgment

of conviction becomes final, the court may, on motion of the accused or at
its own instance but with the consent of the accused, grant a new trial or
reconsideration. (1a)

Section 2. Grounds for a new trial. — The court shall grant a new trial on
any of the following grounds:

(a) The errors of law or irregularities prejudicial to the substantial rights of

the accused have been committed during the trial;

(b) The new and material evidence has been discovered which the accused
could not with reasonable diligence have discovered and produced at the
trial and which if introduced and admitted would probably change the
judgment. (2a) ANEW

Section 3. Ground for reconsideration. — The court shall grant

reconsideration on the ground of errors of law or fact in the judgment,
which requires no further proceedings. (3a)
 Appeal (Rule 122 Rules of Court)

-A request to a higher court to review a ruling or decision made by a lower

court.

Who may appeal? — Any party may appeal from a judgment or final order,
unless the accused will be placed in double jeopardy.

Where to appeal? — The appeal may be taken as follows:

(1)To the Regional Trial Court, in cases decided by the Metropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial Court, or
Municipal Circuit Trial Court.
(2)To the Court of Appeals or to the Supreme Court in the proper cases
provided by law, in cases decided by the Regional Trial Court;
(3)To the Supreme Court, in cases decided by the Court of Appeals

CORRECTIONS: Basic Concepts

Corrections is the fourth pillar which takes over criminal treatment

once the accused, after having been found guilty, is meted out the penalty
for the crime he committed. He can apply for probation or he could be
turned over to a non-institutional or institutional agency or facility for
custodial treatment and rehabilitation. The offender could avail of the
benefits of parole or executive clemency once he has served the
minimum period of his sentence.

When the penalty is imprisonment, the sentence is carried out either

in the municipal, provincial or national penitentiary depending on the length
of the sentence meted out.

The corrections systems are entrusted to take care of the treatment

and rehabilitation programs for all convicted criminals and delinquents for
eventual reintegration in the free community. Corrections practices in the
Philippines are provided by the three lead government agencies, namely
the Department of Justice (DOJ), the Department of the Interior and Local
Government (DILG), and the Department of Social Welfare and
Development (DSWD).

As a matter of a conceptual definition:

Corrections refer to the confinement and treatment of adult offenders and

juvenile delinquents (Carney, Introduction to Correctional Science)

Corrections refers to the implementation and execution of sentences

imposed by the courts; the system that administers those sentences (Adler,
Muller and Laufer, Criminology)

Corrections deals with the punishment, treatment and incarceration of

offenders. Generally, the chastisement by one who has the authority over
an individual under his lawful control for the purpose or retribution or
modification of criminal attitude (Nice, Dictionary of Criminology)

Corrections is the generic term that includes all government agencies

facilities, programs, procedure, personnel, and techniques concerned with
the investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders (Allen and Simonsen, Corrections in America)

CORRECTIONS: Its relationship with the other Pillars of the CJs

Corrections and the Police - Segregation and isolation of prisoners to

protect society are achieved through joint undertakings of corrections and
the police. Background investigation for court and the case referrals for
probation and parole processes need the cooperation and coordination
between the corrections authorities and the police.
Corrections and the Prosecution - pertinent data and information
concerning criminal records and case history is provided by the prosecution
to the corrections officials to achieve an effective and responsive
correctional treatment programs for all prisoners.

Corrections and the Court - a convicted person cannot be confined in a

prison or jail or in any correctional facilities without the necessary court
orders. A mittimus or a commitment order bearing the seal of the court and
the signature of the judge addressed to prison or jail warden or correctional
authorities are necessary to admit a convict to serve a prison sentence.
Correctional officials need documents regarding case history of criminals,
which are provided by the courts for better treatment and rehabilitation of
prisoners.

Correction and the Community - to better address issues and concerns

of rehabilitation programs, corrections officials seeks the cooperation and
support of the community such as the religious group, school and the
academe, professional and business groups, the media, the private
sectors, the civic and cause oriented groups and all others that comprise
the prison community which aim to enhance the treatment and
rehabilitation.

CORRECTIONS: Its purpose

The purpose or objective of modern corrections in contemporary

society are retribution, deterrence, isolation, reformation, rehabilitation and
reintegration.. The basic consideration of each of these objectives is based
on the observance and respect of human rights, dignity and the self-worth
of an individual.

Retribution - under the Philippines penal law, the basis of criminal liability
is human freewill and the purpose of punishment is retribution.
Incarceration or imprisonment is carried out and justified by the State as
penalty for the law violated. Imprisonment is expected to make life
unpleasant for the people who, by their crimes, made others' lives
unpleasant. (Allen and Simonsen, Correction in America).

Deterrence - the State wants to protect the society by reducing crime and
isolating and segregating criminals through imprisonment. Prison is
expected to reform convicts and effectively deters or discourages others
from becoming criminals and thereby effectively reduces crime rates as a
result.

Isolation - segregations criminals from society are aimed at preventing the

occurrence of crime and protecting the public from harm, which criminals
may inflict.

Reformation - this involves the use of punitive and disciplinary measures

such as solitary confinement, to modify or reform criminal behavior whose
conduct and deportment is not totally responding to rehabilitation programs.

Rehabilitation -rehabilitation is based on the premise that through

correctional intervention (educational and vocational training and
psychotherapeutic programs), an offender may be changed. This
punishment is also known as individualized treatment. (Adler, Muelle,
Laufer, CriminologY, 1991 Ed. p 427)

Reintegration - the effort of correction to change criminal behavior should

result in a situation and ability on the part of the penitent offender to return
to society in some productive and meaningful capacity in a free community.

CORRECTIONS: A Historical Development

Theoretical foundations in dealing with criminals

The Classical School of Thought - “Let the punishment fit the crime
(Beccaria). The philosophy of hedonism and freewill- to make a rational
choice between what will cause pain and what will result in pleasure. The
emphasis is in response to the offense. A swift and certain punishment for
criminal behavior is assumed that will deter people from committing crime.

The birth of Beccaria s concept was in response to harsh types of

punishment inflicted during that time. The theory gain dramatic change in
the perspective of punishment and criminal law.

The Neo-Classical School of Thought - is a modification of the classical

assumption of freewill where there was no definition as to who has free
will.T herefore, neoclassical concept define its boundaries of freewill, that
children and lunatic person do not have free will thus they must be
excluded to any punishment since they do not know what is right and
wrong

The Positive School of Thought - “Let the treatment fits the criminal”
(Lombroso). People cannot always be held accountable for their behavior
because of factors beyond their control. This is known as determinism.
That man's freewill can be influenced and be dictated by physical,
psychological and environmental conditions. That when a person commits
a crime there are effects or if he is sick either physically, psychologically or
environmentally which causes him to commit crime. In that a criminal
therefore, should not be punished but rather be treated because he is
having illness, which leads him to do wrong.

Early forms of Corrections

Pungent Poison - when an individual commits a crime they let the person
drink a pungent poison to drive away the evil spirit inside his body which
leads him in the commission of crime.

Grotesques Mask - they wear a grotesque mask and they dance around
the person who commits a crime order to drive out the spirit in his body.
Trephination Method - a piece of stone or wood which has a very sharp
edge will be used to make a hole at the forehead ol the person who violates
the law and they will pray or cast out the spirit to get off his body.

Banishment - when a person commits a crime he will be rejected by the

community for him to influence others to commit crime, if he refuses to
depart in his community he will be killed.

Early forms of Punishment

Flogging - it is the whipping of a stick, rope, or leather to a person who

violates the law. Flogging was widely used in England during the Middle
Ages, where offenders are beaten as they through the streets with their
hands tied behind their back.

Mutilation - it is cutting off some parts of the offender's body. Throughout

history various societies have amputated the hands of thieves and robbers,
blinded spies, and castrated rapists. Blasphemers have their tongues
ripped out, and pickpockets have suffered broken fingers.

Branding - was used as a lesser form of mutilation, the Romans, Greeks,

French, British and many other societies have all used branding in1870 the
British parliament officially eliminated branding as a punishment of a crime.

Public Humiliation - it gives an opportunity of the members of the

community to take its vengeance. Offenders sent to the stocks or pillory
found themselves captive and on public display. They will be heckled and
spit upon by passers by. Other citizens might gather to throw tomatoes or
rotten eggs. On occasion, citizens who were particularly outraged by the
magistrate or nature of the offense would substitute rocks to end the
offender's life.

Exile or Banishment - the ancient Hebrews periodically forced a sacrificial

goat symbolically carrying the tribes into wilderness, a practice which has
given us the modern word "scapegoating. Since then, many societies have
banished "sinners” directly. The French sent criminal offenders to evil's
island; Russians had used Siberia as the land where banished people were
sent. England sent their prisoners to America beginning in 1618, the British
program of exile, is known as "transportation”, which served the dual
purpose of providing a captive labor force for development of the colonies,
as they oppose the corporal punishment.

In 1776, the American Revolution forced the practice to end. The

British penology shifted to the use of aging ships, called hulks, as
temporary prisons. Hulks were anchored in Harbors through England and
served as floating confinement facilities.

Workhouses - during the sixteenth century, Europe was faced with an

economic upheaval as a product of their industrial revolution. Thousands
were unemployed and vagrants are everywhere in towns and villages
seeking food and shelter because their homes and pieces of land were sold
for the industrialization of Europe. Churches during that time were the
primary relief of the people's situation.

The government of Europe believed that poverty was the cause of

laziness.They created workhouses designed to instill the habits of industry.
The first workhouse in Europe opened in 1557 in a former British Palace,
which was called "Saint Bridget's Well. The name was shortened to
Brideswell and the name Brideswell became synonymous for workhouse.
Brideswell taught work habits to the inmates instead of punishing them.
Hard work was the replacement.

Development of Prisons in Europe

Gaol (known as Jail today) - the first facility constructed solely for public
incarceration
John Howard was one of the pioneers to advocate a change of
punishment. Howard who former prisoner and was released through parole
became the first English prison reformer as he was then appointed sheriff
of BedfordShire as local gaol in England. Howard visited other prison in
England and America and after evaluating the conditions of the prisoners,
he came up with prison concept that:

- prisoners must be segregated according to sex, age, and gravity of

their offense;
- the jailer or staff must be paid to prevent extortion to prisoners,
- a chaplain and a medical officer must be employed to address the
spiritual and medical needs of the prisoners
- prisoners should be provided with clothing and food;
- liquor should be prohibited in jail;

As a result of John Howard's finding and recommendation the penitentiary

Act of 1779 was passed which provided the establishment of a secure,
clean, and systematic prison, and abolished the fees for basic services.
Howard then coined the word "Penitentiary” a concept that rejects hard
labor as a form of punishment.

Development of Prison in America

The Pennsylvania System

William Penn, the governor of the state of Pennsylvania initiated early

reforms in their prison system such as:
- Abolishing capital punishment for crimes other than homicide.
- Substitution bloody punishment to imprisonment and hard labor.
- Providing free food and lodging to inmates replacing the pillory and
stocks with houses of detention.
Humane and religious principles were applied into the handling of prisons.
Rehabilitation and deterrents were its objectives in applying these
principles. Prisoners were held in solitary confinement where they made
their repentance or self-punishment of the crime they committed. The
rehabilitation process was anchored on the teachings of the Bible; their
solitary confinement was intentionally designed to avoid contact with other
inmates and staff to avoid contamination of criminal behavior. Prisoners
were allowed to work inside their cells and they are not allowed to talk. This
concept was called "Pennsylvania System" which was also followed by
other states in America.

The Auburn System

As the prison system began to grow, solitary confinement of the

Pennsylvania system became very expensive to put-up and maintain. The
first prison to abandon the Pennsylvania system was the New York State
prison at Auburn. As a solution to the problem, Auburn introduced
the congregate prison in a silent system. Under this system, prisoners
worked, lived and ate together in Silence. Whipping and hard labor was
given to prisoners to maintain the rule of silence. The New York State
Prisons change the concept of the Pennsylvania system as they pattern its
concept of solitary confinement. Eighty-three (83) prisoners of New York
State Prison were placed in small solitary cells on December 24, 1821 and
they were released in 1824. As a
result, five (5) died, one became insane, others attempted suicide and
others were seriously demoralized.

A study was being conducted, as to what prison system is effective.

According to Louis Dwight, the Auburn system is better because of its lower
cost and humane conditions.

The Reformatory System

Alexander Maconochie, an Englishman was then in-charge of the birth of
the British Penal Colony in Norfolk island; its prisoners were transported. In
1840, Maconochie assumed his post in Norfolk Island. The conditions were
so bad, inmates fighting left more dead than injured, diseases were very
rampant, sanitation and physical facilities were not conducive.

Maconochie developed a system in which punishment of one’s crime was

still maintained but a process of reform was provided to the offenders.
Prisoners were encouraged for good behavior for them to gain incentives
that would lead to their early release. This concept was called the "Mark
System'' which became the forerunner of Parole and Maconochie gained
the title "Father of Parole". Here, prisoners could earn already gained, while
acceptable behaviors were added to the number of marks earned.

Sir Walter Crofton was the chairman of the Board of Prison in Ireland. He
was influenced by Maconochie's early release. Crofton believed that the
amount of time served should be released to the prisoner’s reformation.
Crofton also believes that convicts could not be rehabilitated without
successful reintegration into the community.

Ticket of leave is a conditional release that could be revoked any time

before the original sentence expired. If the offender violated any of the
established standards its early release is revoked. Essentially the ticket of
leave in which Crofton designed is the first from of formal parole, which is
used today.

Gaylord B. Hubbell was the warden of Sing Sing Prison in New York, in
1865 he visited and studied the prisons in England and he was so
impressed by the Irish system. Upon his return to the United States he
recommended that Indeterminate Sentences be used in America Prisons.
Creating a reformatory based upon the concept of an early release if the
inmate reformed himself.

The Elmira Reformatory

In 1876 the first reformatory institution was opened in Elmira, New York.
The Elmira reformatory was under the direction of Zebulon Brockway.
Zebulon Brockway introduced the enlightened approaches to the prisoners
but still maintains strong mine of the prisoners. These include:

- Classification of prisoners according to their behavior

- A regular exercise
- Vocational training
- Formal Academic Education as Elmira's most important mission
- Indeterminate Sentence
- Parole
- Elmira accept only first offenders between 16 to 30 years old.

The Elmira Reformatory claimed success in their process of reformation of

offenders. But, a proven relative failure and disappointment was met by
Elmira, because many inmates re-entered criminalities following their
release and the rate of recidivism was high. The failure of
Elmira was attributed to: (a.) lack of qualified staff (b.) an overemphasis on
confinement and institutional security rather than reformation (c.) their on
the adult correctional system, because Elmira only caters youthful
offenders.

Even though Elmira a reformatory failed, its principles are still established
and practiced in today's prison as important factors in their system.