Final Coverage

FUNCTION OF CJS
Formal law- because it exist by the virtue of law

Low enforcement

Prosecution

Court

INFORMAL- because we are all the same in this field, we can find here all the people.

Correction
Community

1. Law Enforcement/ The Police

- Police typically are responsible for maintaining public order and safety, enforcing the law, and
preventing, detecting, and investigating criminal activities. These functions are known as
policing. Police are often also entrusted with various licensing and regulatory activities.
- Maintain peace and order. Prevents and investigates crimes and brings offenders to justice.
Exercise the vested powers from the Philippine Constitution and pertinent laws. Detain an
arrested person for a period not beyond what is prescribed by law. (PERTINENT LAWS-
SIGNIFICANT OR RELATED LAWS FROM THE REVISED PENAL CODE, SPECIAL LAWS, ORDINANCES,
RESOLUTIONS, IN THE LOCAL AND IN THE NATIONAL LEVEL)
- Crime prevention
- Crime investigation
- Crime detection

2. * Enforce all laws of the land

- The Constitution (1987) is the fundamental law of the land in the Philippines. It
establishes the structure, policies, roles, and duties of the Philippines' government. It contains
the Bill of Rights (article III) and sets out the State's obligations to promote and uphold social
justice and human rights (article XIII).
- THE NATIONAL LAWS ARE APPLICABLE IN THE ENTIRE PHILIPPINE GEOGRAPHY. THE
TERRITORY ITSELF THAT THOSE LAWS ARE APPLICABLE TO ALL THE PEOPLE IN THE
PHILIPPINE ISLANDS.
- THE 1987 CONSTITUTION IS MADE BY THE PHILIPPINES AND THE LAWS CONSISTS OF THIS
CONSTITUTION IS ONLY APPLICABLE IN THE PHILIPPINES.
Maintaining law and order is a big job
1. Animal Control Officer-This is an animal quarantine checkpoint which they are checking the animals
that they are transportating from place to another are disease carrier even if they are also transporting
tghose indangered species or animals that is wild life. (bird flu, African swine fever, foot and mouth
disease) (mga kasama nila sa checkpoint ay mga law enforcers, mga taga Agriculture or D.A, taga
Beureau of fisheries)

-they should have certificate from vetmed

2. Armorer- imbakan ng mga baril o bala, ng mga materials in case of wars, yung mga may hawak na fire
arms.
3. Bailiff: Courtroom security officers are called bailiffs. Incase of hearings,
4. Bike Patrol: Cops on bicycles
5. Border Patrol Agent- boarders from island to island (incase if my mga pinapasok na contramando, mga
smuggled firearms or commodities mga sibuyas, asukal, bigas and etc. dinadaan under the table or
walang tamang proseso)
6. Chief: The chief of police or sheriff is the top executive in a law enforcement agency
7. Code Enforcement – they are crimtographer those who are using code numbers applicable in
indigence operation

8. Officer Correctional Officer- mayroon ng mga jail sa loob ng station at mga temporary detainees ang
binabantayan nila
9. Crime Scene Investigator
10. Crisis Negotiator- kapag may nangyreng hostage, the aim of this is to save both of them the suspect
and the victim.
11. Defensive Tactics Instructor
12. Detective: Detectives investigate crimes that are more complex or prolonged than patrol officers or
deputies can handle. (rape with homicide. Illegal recruitment, prostiture, they are also detecting
pornographic shows)
13. Evidence Technician – in charge of evidences that collected from the crime scene

14. Explosive Ordnance Disposal Technician (EOD): EOD technicians respond to scenes where a bomb or
other hazardous explosive devices is located.
15. Field Training Officer- monitoring and supervising the place
16. Forensics Analyst: A forensic analyst, sometimes called a criminalist, performs a scientific
examination of evidence seized by law enforcement officers in the field. Instrumentration application.

17. Gang Investigator: Gang investigators may be detectives or uniformed officers

18. Homicide Detective: investigate crimes where a victim has been killed or severely injured unlawfully.

19. Instructor: A career in law enforcement entails frequent training in new techniques and policy and
refresher training in old ones. Most instructors are drawn from the ranks of the agency, or “borrowed”
from other local departments.

20. Investigator
21. Jailer
22. K-9 Officer: K-9 (canine) officers serve as handlers for their specially trained dogs
23. Narcotics Officer- buy bust operation. R.A 9165
24. Patrol Officer-
25. Probation and Parole Officer-
26. Police Officer

27. ranger – bantay gubat, scout ranger

28. Records Specialist – 15% are left in the office and 85% are in the field. Investigation, responding,
traffic,

29. Special Agent-

30. Sky Marshal: Sky Marshals are enforcement officers of the Transportation Security Administration
who ride covertly on commercial aircraft as a deterrence to skyjacking or terrorism
31. Undercover Officer

PROSECUTION (THE SECOND PILLAR OF THE CJS)

-within the legal context the prosecution plays a crucial role in the administration of criminal justice
because it occupies a central and very important position between police and the court.
-refer to the either the process in the criminal justice system or a party in a criminal proceeding.
-it is the course of action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt.
-in criminal action, it is a proceeding instituted and carried on by due course of law, before a competent
tribunal, for the purpose of determining the guilt or innocence of a person charged with a crime.

FUNCTIONS – DUTIES AND RESPONSIBILITIES OF PRESECUTORS

*Dealing with criminal cases
1. Investigation- According to Article 228, Criminal Procedure Code, a prosecutor shall immediately
investigate when he/she is aware of a law-offending case through complaint and reporting. Surrender
of the suspect or other sources. Public prosecution, non-indictment or transfer of the case shall be
made after the investigation.
2. Indictment (Formally Charges a person with a crime)- A prosecutor shall prepare a public
indictment against the suspects after investigation and forward the case to the court for trial.
3. Acting as a prosecutor- He shall present at the court during the trial and state the main points of
indictment after the accused is interrogated by the judge.
4. Assisting in a private prosecution- A criminal suit directly filed by a victim is called private
Prosecution. According to the Criminal Procedure Code, a victim may file a lawsuit with the court.
5. Taking over private prosecutions- where a private prosecution is unable to proceed or withdraw on
account of profit offered or threat exerted by the defendant, the prosecutor shall take over the case and
carry on the prosecution if he considers it to be detrimental otherwise unless the suit can only be
instituted by the private suitor.
6. Directing the enforcement of the criminal decision- The prosecutor has the responsibility of deciding
the enforcement of criminal decision made by the court for the enforcement of state penalty, efficiency,
and justice of law.
OTHER RESPONSIBILITIES AS PRESCRIBED BY LAW
1. Civil affairs- collaborate/coordinate
2. Dealing with compensation to the state
3. Dealing with compensation for wrongful detention and execution
4. Directing over matters relating to conciliation by village, town or country conciliation
commission.
5. Protection for crime victims

SECTION 3. A “criminal complaint” is a self-contained charge that sets forth the sufficient facts that,
with reasonable inferences, allow a person to reasonably conclude that a crime was likely committed and
that the suspect/defendant, is likely culpable.
A sworn statement is prepared by someone who wishes to file a legal complaint and signed by him/her
A complaint is a sworn written statement made to a court or magistrate that a person has been guilty of
a designated offense.
SECTION 4. RULE 110 (RRCP) Information defined – an information is an accusation in writing
charging a person with an offense, subscribed by the prosecutor, and filed with the court.
Criminal justice information means information that is collected by criminal justice agencies and that is
needed for the performance of their legally authorized and required functions, such as criminal history
record information, citation information, stolen property information, traffic accident reports, wanted
person.
PD 911 (PRELIMINARY INVESTIGATION) – all complaints shall be accompanied by statements of
the complainant and his witnesses as well as other supporting documents. The statements of the
complainant and his witnesses shall be sworn to before any fiscal or state prosecutor or before any
government official authorized to administer an oath.
The main objective of P.I is to hasten the investigation of criminal complaints involving grave offenses
punishable by death, life imprisonment, reclusion temporal, prison mayor or case cognizable by the
criminal courts.
SALIENT POINTS OF P.I
1. Upon submission of the complaint’s affidavit and documents, the investigating fiscal or state
prosecutor shall immediately determine if there is a probable cause to conduct P.I
2. If no such cause exists, he shall dismiss the complaint but if there is a probable cause, he shall
notify and require the person charged to submit his affidavit and those of his witnesses within
10 days.
3. If no such affidavits are submitted or the person charged does nor appear, the investigation shall
proceed without him.
4. On the basis of the affidavits and documents submitted by the parties, the fiscal or state
prosecutor shall decide within ten days whether a crime has been committed and the person
charged is probably guilty thereof,
 5. He shall furnish the parties copies of his resolution briefly stating his findings of facts and the
law supporting his decision
6. If he believed the person charged is probably guilty of the crime, he shall immediately file the
information in the court. Otherwise, he shall dismiss the complaint, unless there are some
matters he wishes to be clarified
7. In such a situation, he shall ask the parties and their witnesses clarificatory questions. Parties
cannot ask questions; they only submit their questions to fiscal who shall decide whether to
propound the questions or not.
8. Without the approval of the Provincial Fiscal or Chief State Prosecutor, an Asst Fiscal or State
Pros cannot file information in court or dismiss a case investigated by him.
9. The provincial fiscal/state prosecutor himself may file the proper information or direct
another Asst Fiscal to do so, if he reverse a recommendation to dismiss a complaint
10. PD 911 also empowers the section of justice to review resolutions of Provincial Fiscal or CSP
without taking another investigation.
11. If the secretary of Justice believes that the person charged is not guilty of the crime, he can order
any Asst Fiscal to move for the dismissal of the case in like manner, he can order the filing of
the proper information of he believes that the person charged is probably guilty of the offense.
PERSON’S AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
1. Provincial or City fiscal and their Ass’t
2. National and regional state Prosecutors
3. Other offenses who are authorized by law such as; COMELEC/OMBUDSMAN

COURT PILLAR
THIRD PILLAR OF THE CJS
Description:
1. Performs perhaps the most important role in the administration of justice.
2. The centerpiece of the 5 pillars
3. The arbiter of justice
4. The front line defender of democracy, freedom and human dignity.
5. It is a board or tribunal which decides a litigation or contest.
6. It is an or body in which judicial power is vested
C. JUDICIAL COURT
The final determination of innocence or of guilt is done by the Judicial Component (the courts) through
the adjudication of criminal cases.
Suffice it to say that, in the context of the Criminal Justice System, after a suspect has passed through the
prosecution Pillar, he is sent to the proper court of justice which shall belabor itself in determining either
innocence or guilt.
COURT- a gov’t institution that decides a case according to the existing law or the laws of the land. It
adjudicates legal dispute between citizens and the gov’t, the basic function is to determine the innocence
or guilt of the person accused of a crime and to impose punishment on those found guilty
Judges play among many roles:
1. They interpret the law,
2. Assess the evidence presented, and
3. Control how hearings and trials unfold in their courtrooms. Most important of all, judges are
impartial decision-makers in the pursuit of justice.
Judges provides the following:

- Instructions to juries prior to their deliberations and in the case of bench

Trials – bench trial refers to the type of trial that does not involve a jury but is conducted by the judge
alone

- Decide the facts of the case

- And make a ruling. Additionally, judges are also responsible for sentencing convicted
criminal defendants. Most cases are heard and settled by a jury;
Under ARTICLE VII, SECTION 1 of the 1987 Philippine Constitution, the judicial power shall be
vested in one supreme court and in such lower courts as may be provided by law.
PHILIPPINE COURT SYSTEM
Supreme court-
Court of appeals-
Court of tax appeals-
Sandiganbayan-
Regional Trial Court-
Metropolitan Trial Court-
Municipal Trial court-
Sharia court-
SPECIAL COURTS IN PH
1. Sandiganbayan
2. Court of tax appeals
3. Shari’a district courts/Shari’a circuit court
REGULAR COURTS IN PH
1. Supreme Court
2. Court of appeals
3. Regional Trial courts
4. Metropolitan trial courts
5. Municipal trial courts in cities
6. Municipal trial courts
7. Municipal circuit trial courts
The judiciary of the Philippines consists of the supreme court, which is established in the constitution,
and three levels of lower courts, which are established through law by the congress of the Philippines.
The SUPREME COURT (kataas taasang hukuman; colloquially referred to as the Korte suprema is
the highest court in the Philippines)
THE MUNICIPAL TRIAL COURTS- every municipality in the Philippines ha sits own Municipal Trial
Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit
Court if it covers two or more municipalities.

PD 1508- Katarungang Pambarangay of the Barangay Justice system

- KP system was advocated as early as 1976 when supreme court chief justice Fred Ruiz Castro
proposed the “Neighborhood Paralegal Committee” which served as the basis of the KP law.
- This law has intended to give full recognition of the time honored tradition of amicably
settling disputes among family and barangay members at the barangay level without judicial
resources.
STEPS IN AMICABLE SETTELMENT
-complaint + payment of filing fee
-punong barangay
-pangkat tagapagkasundo
-Issuance of summons
-hearing

RA 7106 – LOCAL GOVERNMENT CODE

Republic act 7160 Or the local government code of 1991 established the katarungang pambarangay
system. It includes an entire chapter under Book III, title I of the law in full detail of how the mechanisms
work.
LGC RA 7160 (,barangay conciliation, MGA KASO NA DI KAILANGAN DUMAAN SA
BARANGAY)
APPEARANCE OF PARTIES

- The barangay captain shall not resolve the case

- The barangay captain will help them resolve the case
- Barangay captain is the mediator and also the onw will help them find the solution to their
problem within fifteen days
- If the respondent does not appear. The case shall be referred to the pangkat ng
tagapagkasundo
“FAILURE TO COMPLY WITH THE BARANGAY CONCILIATION PROCEEDINGS RENDERS
THE COMPLAINT VULNERABLE TO A MOTION TO DISMISS FOR PREMATURITY UNDER
SECTION 1 RULE 16 OF THE RULES OF COURT.”
Amicable settlement- is a process where parties to a dispute o a lawsuit find ways to resolve their
differences in a friendly and non-contentious way. To achieve an amicable settlement, the parties need to
be willing to make concessions for the sake of reaching an agreement.
Arbitration- a process of settling dispute
Mediation- is a structured, interactive process where an impartial third party neutral assists disputing
parties in resolving conflict through the use of specialized communication and negotiation technique.
Lupong tagapamayapa- the lupon tagapamayapa is the body that comprises the barangay justice system
an on sit the barangay captain and 10-20 members. The body is normally constituted every three years
and holds office until a new body is constituted in the third year.
If the settlement agreement is not repudiated by any of the party within 10 days it has the force and effect
of a final judgement of a court.
This may settlement agreement maybe enforced by;
1. Execution by the lupon within 6 months from the date of the settlement
2. After the lapse of 6 months, the settlement agreement may be enforced by action in the
appropriate city or municipal court.

CORRECTION PILLAR
This pillar undertakes the reformation of offenders. The rehabilitation of offenders is aimed towards their
eventual assimilation into society.
Correction- is that branch of the administration of criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted offender.
Jail- institution of the confinement of persons who are awaiting final disposition of their criminal cases
and also for the service of those convicted and punished with shorter sentences, up to three years
Prison- institution for the confinement of persons who have been convicted by final judgement by the
court in which the penalty is more than three years
CORRECTION- correction is among the five pillar of CJS and patterned from the system of united
states and great Britain. Originally, the third component was penology but due to modern and democratic
trends in the field of criminal justice, it was changed to Correction. Thus, correction evolved from
penology.

TYPES OF JAILS
1. Lock-up jails – is a security facility, common to police stations, used for temporary confinement
of an individual held for investigation.
 2. ordinary jails – is the type pf jail commonly used to detain a convicted criminal offender to
serve
3. Workhouses, jail farms or camp – a facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs. It provides full
employment of prisoner, remedial services and constructive leisure time activities.
WARDEN- Head of local jails (RA 9263)
SUPERINTENDENT – Head of Bureau of Corrections

KIND OF CORRECTIONS
a. Community-based corrections- comprise all correctional activities that take place outside the
institution and includes probation, parole, and other programs outside prison walls.
b. Institutional-based corrections- refers to those agencies and institutions responsible for
maintaining physical custody of an offended and includes juvenile halls, camps, and prisons.
BUREAU OF CORRECTIONS- DOJ
BUREAU OF JAIL mgt and penology- DILG

7 Correctional Facilities under the supervision and control of the BuCor

1. National Penitentiary- NBP
2. National Corrections for women
3. Davao Prison and Penal Farm
4. San Ramon Prison and penal farm
5. Iwahig prison and penal farm (Bilangguang walang rehas)
6. Sablayan prison and penal farm (OM)
7. Leyte Regional Prison
Purposes of corrections and sentencing
1. Deterrence
2. Rehabilitation
3. Reintegration
4. Isolation of prison
5. Punishment
Form of penalties in the Phil. CJS
1. Death or judicial execution by virtue of RA 7659 which has been abolished in 2006
2. Imprisonment – traditional
3. Destierro (exile)
4. Accessory penalties that include civil interdiction and disqualification
5. Public censure
6. Fines and forfeiture
7. Community service
8. Diversion under RA 944 – (JJWA OF 2006)
Penalties and their periods under the RPC
1. Reclusion perpetua – 20 years and 1 day – 40 years
2. Reclusion temporal – 12 years and 1 day – 20 years
3. Prision mayor – 6 years and 1 day – 12 years
4. Prision Correctional (destierro) – 6 mos – 6 years
5. Arresto mayor – 1 month – 6 mos
6. Arresto menor – 1 day – 30 days

COMMUNITY
After convicts has passed through the correction component – either by full service of the term of
imprisonment imposed on them or by parole and by pardon- they revert to the community and either lead
normal lives as law abiding citizen in their barangay or regrettably commit other crimes and thus go back
through the same stages of the Criminal Justice System
To those who has knowledge in law are expected to cooperate with law enforecers and investigations by
reporting crimes and giving evidence against the offenders
“The process in a community by which a crime is investigated and the person(s) suspected fo the
commission thereof is/are taken into legal custody for prosecution in court and for punishment, if found
guilty, with provisions being made for the correction and/or rehabilitation of the offenders to ensure
renewed assimilation into mainstream society after service of sentence”
The community has the responsibility to participate in Law enforcement activities by being partners of
the police officers in reporting crime incidents and helping in the arrest of the offender.
Community can help in crime control and prevention. Strengthening neighborhoods helps prevent
crime. Local communities that have strong bonds and where people know each other are generally les
prone to experience crime. Enhancing social capital or the relationships between people can be beneficial
in protecting people from cirime.
ROLE OF THE COMMUNITY, being part of an engaging community gives us a sense of belonging. It
enables us to share personal relatedness and support perpetual growth of each other, ourselves and our
environment.
CULTURAL MINORITY LAWS
Cultural and educational rights

- Article 29, protection of language, script and culture of minorities

- Article 30, right of minorities establish and administer educational institution

Types of minorities by international law

- Ethnic and racial minorities

- Linguistic minorities
- Religious minorities
- Cultural minorities
 - Gender based minorities

CULTURAL MINORITIES (ETHNIC GROUP)

IPRA 1997

- Indigenous people’s education

- Right to education
- Government education services / programs