Atty Kho

The concept of crimes has been a timeless concept integrated to the concept of civilization for
time immemorial. By simple definition, “crime” has been described as an unlawful act
punishable by a figure or figures of authority. Through the inherent power of the state, police
power, the state has the power to impose laws to protect the interests of the community and for
the overall betterment of society, which gives them the power to sanction an offender for
harming their communities by violating these laws. However, what precisely constitutes a
criminal act differs from country to country. This is the reason why most states adhere to a form
of criminal justice system, wherein such is imposed and emphasized by various institutions
ranging from police enforcement, corrections and rehabilitation offices, and through an extensive
legal system, reliant on a penal code, defining crimes and their penalties, and their interpretations
of it.
In the Philippines, the existence and abundance of crimes has been an extremely prevalent and
persistent issue. Illegal drug trade, human trafficking, arms trafficking, murder, child
pornography, corruption, and domestic violence has been a rampant issue in society. In just the
crime of “murder”, the Philippines has an extremely high rate of murder cases, even topping the
boards to become the country with the highest rate of murder cases in the entirety of Southeast
Asia in 2014. To address this, the Philippine Government has established numerous institutions
which serve to maintain peace and order. These institutions, which include Law Enforcement,
Prosecution, Court, Corrections, and the Mobilized Community, are responsible for enforcement
of our laws, and for the apprehension and prosecution of those who violate them (Celso S.
Bravo).
Three departments of the national government under the executive branch manage the Philippine
criminal correctional system. The Department of Justice (DOJ), through its Bureau of
Corrections (BuCor), oversees seven national prison facilities. Its Parole and Probation
Administration (PPA) handles the parole and probation system, while its Board of Pardons and
Parole (BPP) manages affairs concerning the grant of executive clemency. The Department of
Interior and Local Government (DILG) supervises provincial, city, and municipal jails through
its Bureau of Jail and Management Penology (BJMP). The Department of Social Welfare and
Development (DSWD) supervises the regional rehabilitation centers for juvenile offenders
through its Bureau of Child and Youth Welfare (BCYW).
The Philippine courts penalize convicts who are guilty beyond reasonable doubt by sentencing
them to serve the appropriate sentences for the crimes they committed in correctional facilities or
prisons, in an attempt to correct their deviant behavior and to prevent the prisoners from
inflicting further harm to Philippine Society. According to the official website of the Bureau of
Corrections, there are seven (7) correctional facilities in the Philippines. Female convicts serve
their sentences at the Correctional Institution for Women at Mandaluyong City, while male
convicts serve their sentences at: San Ramon Prison & Penal Farm, Zamboanga; Ihawig Prison
& Penal Farm, Palawan; Davao Prison and Penal Farm, Dajuli, Davao del Norte; New Bilibid
Prison, Muntinlupa; Sablayan Prison and Penal Farm, Sablayan, Occidental Mindoro; and Leyte
Regional Prison, Leyte.
A question persists however with regards to in what way is the Philippine Criminal Justice
System cemented in Philippine Society. To know the guiding principle and theory that the Penal
Code of the Philippines is mainly based on, would help us better understand why the
apprehension and the punishment of criminals are done this way , and why the apprehension and
the punishment of criminals are done this way, and more specifically, why our criminal justice
system is built this way. An extensive analysis of these concepts may ultimately pave the way for
future ideas and suggestions on the ways to understand and improve on these subjects. To start
this analysis, one must first focus on the lingering concepts present in the aforementioned
information on the criminal justice system, namely: punishment and rehabilitation. To
understand the relevance of punishment and rehabilitation, however, first we must address two
important theories that are discussed in criminal law: the classical theory, and the positivist
theory.

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The concept of crimes has been a timeless concept integrated to the concept of civilization for

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