CLJ 121-18 - INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE 1 - INTRODUCTION TO CRIMINAL JUSTICE

Basic Terminologies, Principles and Philosphical Approaches

LESSON 1. Criminology and Criminal Justice Differentiated

What is Criminal Justice?

Siegel and Senna states that "criminal justice may be viewed or defined as the
system of law enforcement, adjudication, and correction that is directly involved in
the apprehension, prosecution, and control of those charged with criminal offenses".

Notice that in this definition, the American Criminal Justice System's main focus
is on enforcement, adjudication and correction.

In the American Justice System, there are only three (3) pillars: (1) Law
Enforcement; (2) the Courts; and (3) the Corrections.

In general, a Criminal Justice System (CJS) involves a number of government

agencies that ensures the protection of the public, the maintenance of order, the
enforcement of the law, the identification of transgressors, the prosecution of the
accused and the finding of the guilty, and the correction and treatment of criminal
behavior.

What is Criminology?

Sutherland, Cressey and Luckenbill define criminology as "the body of

knowledge regarding crime as a social phenomenon. It includes within its scope the
process of making laws, of breaking laws, and of reacting toward the breaking of
laws". They further note that Criminology has three interrelated divisions; these are:

i. The Sociology of Criminal Law which systematically analyzes the conditions

under which penal laws develop and explains as well as the procedures
used in police agencies and courts. This first division focuses on 'lawmaking'.

ii. The Sociology of Crime and the Social Psychology of Criminal Behavior which
examines economic, social and political conditions that generates or prevents
the commission of crimes. This second division focuses on 'law-breaking'.

iii. The Sociology of Punishment and Correction that systematically analyzes the
procedures and policies that aims to control crimes. This third division
focuses on'society's reaction to law- breaking'.

What is the Difference between Criminal Justice and Criminology?

 (a) While Criminology explains the etiology, extent, and nature of the crime in
society; Criminal Justice studies the agencies of social control that
handles criminal offenders.

(b) While Criminologists are concerned with identifying the nature, extent and
causes of crime; Criminal Justice scholars engage in describing,
analyzing, and explaining the operations of the agencies of justice,
specifically the police department, the prosecution, the courts and the
rest of the pillars of the system in seeking a more effective methods of crime control
and offender rehabilitation.

Is there an overlapping area of concern between criminal justice experts and

criminologists?

Yes, Criminal Justice experts cannot begin to design effective programs of crime
prevention and rehabilitation without understanding the nature and cause of crime.
They require accurate criminal statistics and data to test the effectiveness of crime
control and prevention programs. It is in this aspect that Criminal Justice and
Criminology have overlapping concerns.

LESSON 2. Crime and the Criminal Justice System

What is the event that calls for the operation of the Criminal Justice System? Why?

Crime is the event that calls for the operation of the criminal justice system.
When a crime is committed, it disturbs the tranquility and harmony of the
society. Such event calls upon the police to initiate police intervention by way of
investigation or apprehension of those who violate the law; the prosecutor to
prosecute the case; the court to determine the guilt of the accused; and the rest of
the system follows as incumbent upon their role in the criminal justice process.

Enumerate some of the Legal principles or maxims regarding a crime or a criminal

act?

(a) "Nullum crimen nula poena sine lege" That is - There is no crime where no
law is punishing it.

(b) The maxim is, "Actus non facit reum, nisi mens rea" - A crime is not
committed if the mind of the person performing the act complained be
innocent.
 (c) The maxim is Actus me invito factus, non est meus actus" - An act done by
me against my will is not my act.

(d) Crimes mala in se and crimes mala prohibita. The first set of crimes refer
to those that are naturally criminal on moral grounds while the second
set of crimes pertain to those acts that have been criminalized for
regulatory purposes. Murder is an example of a mala en se while the
Illegal Possession of Firearms and Ammunition is an example of mala prohibita.

What department of the government defines and punishes an act?

(a) The 1987 Philippine Constitution empowers the Legislative branch of the
government or Congress, which is composed of the Upper House or
the Senate and the Lower House or the House of Represetatives with the
power to enact, modify or repeal laws. It is empowered to determines
what acts are deemed harmful to our society and punishes such acts in order to
suppress them.

(b) Our local legislative bodies (Sanggunian Panlalawigan, Sanggunian

Panlungsod,Sanggunian Pambayan, Sanggunian Pambarangay) are also
authorized to enact laws that are criminal or penal in natur and are
applicable or enforceable only within their respective territorial
jurisdiction.

What is crime in the criminological sense?

A crime is a violation of societal rules of behavior as interpreted and expressed

by a criminal legal code created by people holding social and political power.
Individuals who violate these rules are subject to sanctions by state authority, social
stigma and lose of status.

This definition combines the consensus position that the criminal law defines
crimes with the conflict perspective's emphasis on political power and control and
the interactionist concept of stigma. Thus, crime as defined here is a political, social
and economic function of modern life.

What is crime in the legal sense?

Criminologists define crime as a voluntary and intentional violation by legally

competent person of a legal duty that commands or prohibits an act for the
protection of the society. A crime is punishable by judicial proceedings in the name
of the state.
From this legal definition, what are the things that apparently constitute crime?

They are the following:

1. The act must be voluntary. Thus, if the criminal act were shown to have
been doneinvoluntarily as when the individual is forced to commit a criminal
act against his will, the person cannot be found to be guilty of the crime.

2. It must be intentional. Thus, otherwise criminal act that occurs by accident

generally is not considered crimes.

3. It must be committed by a legally competent person. Under the law, certain

persons are considered not capable of committing a crime, like the
insane or those who are fifteen (15) years old and below.

4. The behavior that constitutes crime can be either an act of commission or

an act of omission. Thus, one maybe guilty of a crime by doing
something which is prohibited or should not be done (i.e. murder), as well
as doing what the law says should be done (i.e. payment of tax). In this
connection, an act or omission to constitute a crime must be considered unlawful
by the statute at the time the act is committed.

5. A crime is an act that threatens the welfare of the society and is punishable
by judicial proceedings in the name of the state. Thus, crime is
considered to be a crime against the collective well being of the
society. In criminal proceedings, the offended party or private
complainant is merely considered as the primary witness of the state.

Based also on the legal definition, how may the government convict a person or a
crime?

In order to convict a person, the government must show that:

1. An act was committed, that at the time of its commission, was prohibited, or
that the accused failed to do something commanded by law (act); (In this
connection it is better to recall the principles or maxims in criminal law as
previously stated.)

2. That the accused did the act voluntarily and with full knowledge of what he
or she was doing (the crime must be committed with the concurrence of
intent, freedom of action, and intelligence, or by means of
negligence or imprudence);

3. That the act resulted from the intent (the concurrence of act and intent or
negligence or imprudence);
 4. That the act and the intent caused something to occur that was offensive to
the law (causation); and

5. That it caused some harm to society (result).

NOTE: In the Philippines, if a crime is punished by the Revised Penal Code, it is

called a felony; if by a special law, it is called an offense; if by an ordinance, it is
called an infraction of an ordinance.

How are crimes classified by criminologists? Give examples.

Criminologists devote a great deal of attention to defining crime in general or

in specific terms.

Some of the examples of criminological classifications of crime are the

following:

- The types of victims (child abuse, women, elderly)

- The type of offender (white-collar crimes, hate crims, blue collar crimes)
- The object of the crime (property, person, state)
- The method of criminal activity (organized, accidental or negligence, or
modus operandi)
- Degree of Gravity (Light, Serious, or Less Serious)
- Nature of crime (mala in se or mala prohibita)
- Classify as to its source of enactment or legislation (Felony, Offense, Infraction
of an Ordinance)
- Formal Crime or Informal Crime (consummated immediately [like oral
defamation or physical injury] or there are stages in its commission)
- Continuing Crime (elements of the crime may be committed in different
places or venue [like kidnapping, estafa or swindling, or in violation of the
Anti-Trafficking in Person Act of 2012 or R.A. 10364] or that the crime is
committed in a continuous or series of acts manifesting the same or
singular intent or purpose)
- Transitory crime (crime is committed while on board a private or pblic vehicle
or on board a vessel)
- Status offense (punishable when committed by minors but not when
committed by adults)

What is the importance or effect of the classification of Crimes in the Administration

of Criminal Justice?

It is very important because it will affect the decision making of the agents or
agencies of Criminal Justice in regards to enforcement of crimes. Serious crimes like
murder, robbery or kidnapping for ransom are more likely to be enforced,
investigated, prosecuted or may even be given priority in court proceedings
compared to light or insignificant crimes like violation of an ordinance. Moreover, a
complainant of a serious crime will certainly report the crime or pursue the interest
in the outcome of the case.

When the victim is a minor or a woman or an elderly person, the law's full force
will most likely be enforced as it will generate sympathy from the media and the
public at large.

If it is mala in se, it will likely be enforced considering that the act is by nature
morally wrong or odious to the public, thus, will elicit public condemnation.

How are crimes classified under Book II of the Revised Penal Code?

Book Two of the Revised Penal Code classifies crimes in the following:

A. Crimes Against the National Security and the Law of the State
B. Crimes Against the Fundamental Law of the State
C. Crimes Against Public Order
D. Crimes Against Public Interest
E. Crimes Relative to Opium and Prohibited Drugs
F. Crimes Against Public Morals
G. Crimes Committed by Public Officers
H. Crimes Against Persons
I. Crimes Against Personal Liberty and Security
J. Crimes Against Property
K. Crimes Against Chastity
L. Crimes Against the Civil Status of Persons
M. Crimes Against Honor
N. Quasi-Offenses

LESSON 3. Criminal Law and the Criminal Justice System

What is the basis of the Criminal Justice System? Explain.

The Criminal Justice System is based on the enacted Criminal Law/Statutes.

Only violations of Criminal Law are being considered and processed in the
Criminal Justice System. Where there is no violation of Criminal Law or where there
is no commission of the crime, in general, Criminal Justice as a process will not
operate.
 Sometimes even if the act of a person is somewhat generally annoying or
obnoxious to some people, that person cannot be processed in the criminal justice
system in the absence of an enacted Criminal Law.

The advent of the modern concept in corrections like restorative justice and
diversion will drastically change the point of view of the public cncerned.

Define Criminal Law

In the Philippines, Criminal law is defined as that branch of public law, which
defines crimes, treats of their nature, and provides for their punishment.

What are the two classification of Criminal Law?

Criminal Law may either be Substantive or Procedural

Define Substantive Criminal Law.

Substantive Criminal Law defines the elements that are necessary for an act to
constitute as a crime and therefore punishable.

Define Procedural Criminal Law.

Procedural Criminal Law refers to a statute that provides procedures

appropriate for the enforcement of the Substantive Criminal Law.

What are the sources of Substantive Criminal Law in the Philippines?

The following are the sources of Substantive Criminal Law in the Philippines:

1. The Revised Penal Code

2. Presidential Decrees
3. Special Penal Laws
4. City and Municipal Ordinances

What are the sources of Procedural Criminal Laws in the Philippines?

The following are the primary sources of Criminal Law Procedures in the
Philippines:

(a) The Bill of Rights of the Philippine Constitution

(b) The Revised Rules of Criminal Procedure, Rules of Court
(c) Other Rules on Criminal Procedures promulgated by the Supreme Court
pursuant to its Constitutional mandate.
What are the two basic principles of criminal law that the Philippines adhere to in
the administration of the Criminal Justice System?

Our system of justice operates on two key principles of criminal law.

The first is "the presumption of innocence". This means that those who are
accused of crimes are considered innocent until proven guilty. This is the
fundamental assumption of our legal system that at least in theory is supposed to
exist.

Thus, the accused is entitled to all the rights of the citizens until the accused's
guilt has been determined by the court of law or by the accused's acknowledgement
of his guilt that he or she indeed committed the crime.

The second principle is "the burden of proof" which in criminal cases means
that the government must prove "beyond reasonable doubt" that the suspect
committed the crime. Because the criminal prosecutions carry the penalty of
imprisonment and even death in some cases, the state through the prosecution is
given a difficult burden. Nevertheless it is the bedrock of our social- and through it,
our legal system.

Explain the concept of the Principle of Presumption of Innocence. Give the source of
this principle.

No less than the Constitution of the Philippines provides that an accused shall
be presumed innocent until proven guilty.

The burden of proof lies in the public prosecutor. It is incumbent upon the
prosecutor to prove that the accused is guilty as charged.

In so doing, the prosecutor must rely on the strength of his/her evidence and
not on the weakness of the accused's evidence.

It follows, therefore, that the accused is entitled to all the rights of an

individual citizen until the guilt is proven. This is the reason why the accused under
the constitution is granted the right to bail except under certain crimes committed.

Explain the concept of Proof Beyond Reasonable Doubt. Give its legal basis.

In the Philippine setting, our criminal proceedings carries the penalty of

imprisonment or deprivation of liberty and on the extreme, the punishment of
death.

In order to make sure that only those who are guilty of the crime are punished
and that no person who is innocent is imprisoned, our Rules on Evidence provide
that the weight of evidence required to convict an accused for a criminal act must be
proof beyond reasonable doubt. Unless his guilt is shown beyond reasonable doubt,
he is entitled to an acquittal.

Define Proof Beyond Reasonable Doubt.

Proof beyond reasonable doubt does not mean such a degree of proof as,
excluding the possibility of error, produces absolute certainty. Moral certainty is
only required, or that degree of proof which produces conviction in an unprejudiced
mind.

LESSON 4. Criminal in relation to Criminal Justice System

Who is the criminal in relation to the administration of the Criminal Justice System?

The criminal is the main character of the Criminal Justice System. Some
authors even refer to him as the superstar because upon him the pillars of the
system revolve.

Define a criminal, in the criminological sense, the legal sense, and as defined in the
criminal justice sense.

A criminal may be defined in three (3) different views:

1. In the Criminological sense, a person may be considered as a criminal from

the time he or she committed the crime regardless whether or not it has
been referred or reported to the police for investigation.

2. In Legal sense, a person maybe considered a criminal only upon undergoing

the judicial process and upon determination by the Court that he or she is guilty
beyond reasonable doubt.

3. In Criminal Justice sense, a criminal may be defined as one who has

undergone the process and went through all the pillars of the Criminal Justice
System.

What are the different nomenclatures given to the person who is being processed
under the Criminal Justice System?

1. At the police stage, during investigation, he is referred to as the SUSPECT.

2. At the Prosecutors office, during the determination of probable cause or

during the Preliminary Investigation, he is referred to as the RESPONDENT.
 3. At the trial of the case, when a case has been filed in Court, he is referred to
as the ACCUSED.

4. Once the Court has determined that the accused is guilty beyond reasonable
doubt as charged and the judgment has been rendered, he is
referred to as the CONVICT.

5. It is only upon undergoing all the process when the person has served the
sentence when he can really be considered as a CRIMINAL.

What are the classifications of an offender or criminal?

- As to the crime committed (for the crime of murder, murderer; for the crime
of robbery, robber; for theft, a thief; for rape, rapist, etc.)

- As to the method by which the crime was committed (Akyat Bahay Hang, Dura
Gang or Alupihan Gang, Budol Budol Gang, etc.)

- As to the age of the Offender (Juvenile Offenders or those committed by

minors)

- As to the general effect on the victim (those who are committing violent
crimes like murder, homicide, physical injuries, or even terrorism

- Sexual Offenders (rape, serial rapes, violent rapes, crimes against chastity)

- Repeat Offenders (Recidivism, Reiteracion, Quasi-Recidivism and Habitual

Delinquency)

MODULE 2 - LAW ENFORCEMENT

The First Pillar in the Administration of the Criminal Justice System (CJS)

What is Law Enforcement in relation to the Criminal Justice System?

The Law Enforcement as the first pillar is considered to be the "initiator" or the
"prime-mover" of the Criminal Justice System. It is considered as "the initiator of the
actions" that other pillars must act upon to attain its goal or objective. Some authors
would state that without the police initiating the action, the system would be at a
standstill.

Examples of law enforcement initiating action:

 - effecting an arrest
- surveillance
- crime investigation

What in general are the functions of the Law Enforcement in relation to the
Administration of the Criminal Justice System? Explain each.

The following are the functions of the Law Enforcement, in general:

(a) To prevent criminal behavior.

Prevention involves all the factors directed toward eliminating the
cause of crimes.

(b) To reduce crime.

Crime reduction essentially means eliminating and reducing
opportunities for criminal behavior.

(c) To apprehend and arrest offenders.

This function includes crime investigation and gathering of evidences
that could withstand the scrutiny of the court.

(d) To protect the life and property.

Protecting life and property is essentially the purpose why the
Philippine National Police (PNP) is created.

(e) To regulate non-criminal conduct.

This involves the Community Service and the maintenanc of order
functions of the PNP.
The following are some of the Law Enforcement Agencies in the Philippines:

1. PNP - Philippine National Police

2. NBI - National Bureau of Investigation
3. PCG - Philippine Coast Guard
4. PPA - Philippine Ports Authority
5. AFP - Armed Forces of the Philippines
6. AMLC - Anti-Money Laundering Council
7. PDEA - Philippine Drug Enforcement Agency
8. BI - Bureau of Immigration
9. BOC - Bureau of Customs
10. OMB - Optical Media Board
11. IPOPHIL - Intellectual Property Office of the Philippines
12. PAOCC - Presidential Anti-Organized Crime Commission
13. PCTC - Philippine Center on Transnational Crime
14. ATC - Anti-Terrorism Council
15. NICA - National Intelligence Coordinating Agency
16. BIR - Bureau of Internal Revenue
17. OTS - Office of Transport Securit
 18. MMDA - Metro Manila Development Authority
19. SEC - Securities and Exchange Commission
20. LTO - Land Transportation Office
21. OSG - Office of the Solicitor General
22. DOLE - Department of Labor and Employment
23. BFP - Bureau of Fire Protection
24. BJMP - Bureau of Jail Management and Penology
25. POEA - Philippine Overseas Employment Administration
26. NTC - National Telecommunication Commission
27. CAAP - Civil Aviation Authority of the Philippines
28. DOF - Department of Finance
29. OMBUDSMAN - Office of the Ombudsman

What are the premier Law Enforcement Agencies in the Philippines tasked to enforce
Criminal Law.

The following are some of the Law Enforcement Agencies tasked to enforce
Criminal Law:

1. The Philippine National Police.

2. The National Bureau of Investigation.
3. The Bureau of Internal Revenue in cases of tax evasion.

LESSON 1. The Philippine National Police (PNP)

What government agency has the primary mandate to perform police functions
under the Constitution?

Pursuant to the provision of the Constitution, the Congress of the Philippines is

mandated to "establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered by the national police
commission."

Congress in compliance to this mandate enacted R. A. 6975 establishing the

Philippine National Police. Hence, pursuant to the above statute, it is the Philippine
National Police (PNP) that is primarily charged to perform police function throughout
the Philippines.

How did the Philippine National Police (PNP) came about?

The Philippine National Police (PNP) came about through a legislative act by
Congress pursuant to the Constitutional mandate to establish one Police force
throughout the Philippines.

What law or act of Congress caused the establishment of the Philippine National
Police (PNP)?
 The Philippine National Police (PNP) was established by the enactment of R. A.
6975 otherwise known as the DILG ACT of 1990, Reorganizing the Department of
Interior and Local Government.

When was it established?

It was established on January of 1991, the date of its effectivity.

Has there been a reorganization of the Philippine National Police (PNP)? Explain.

Yes, there has been a reorganization of the PNP by virtue of the enactment of
R. A. 8551 on February 28, 1998 entitled "THE PHILIPPINE NATIONAL POLICE
REFORM ACT OF 1998"

Under this law, the Philippine National Police (PNP) shall be a community and
service oriented agency responsible for the maintenance of peace and public safety.

In reorganizing the Philippine National (PNP), what criteria were followed by the
National Police Commission (NAPOLCOM) in its implementation?

Subject to the limitations provided by this Act, the reorganization must be

based on the following criteria:

(a) increased visibility through dispersal of the personnel from the

headquarters to the field offices . . . x x x.

(b) Efficient and optimized delivery of police services to the community.

LESSON 2: Powers and Functions of the PNP

Under R. A. 6975, what are the powers and functions of the Philippine National
Police (PNP)?

The following are the powers and functions of the PNP:

(a) Enforce all laws and ordinances relative to the protection of lives and
properties;
(b) Maintain peace and order and take all the necessary steps to ensure public
safety;
(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
(d) Exercise the general powers to make arrest, search and seizure in
accordance with the C Constitution and pertinent laws;
 (e) Detain an arrested person for a period not beyond what is prescribed by
law, informing the person so detained of all his rights under the
Constitution;
(f) Issue licenses for the possession of firearms and explosives in accordance
with law;
(g) Supervise and control the training and operations of security agencies and
issue licenses to operate security agencies, and to security guards and
perivate detectives, for the practice of their profession; and
heart Perform such other duties and exercise all other functions as may be
provided by law.

Basically, the powers enumerated under R. A. 6975 can be general categorized into
four, what are they?

They are the following:

1. Order Maintenance
2. Community Service
3. Law Enforcement
4. Neighborhood Policing/Team Policing/Community Policing

Explain each category.

1. Order Mantenance

James Q. Wilson defined order as the absence of disorder, which means

behavior that tends to disrupt the peace and tranquility of the public or
that involves serious face-to-face conflict between two or more persons.
The police are charged with maintaining order, particularly in areas
in which crime might erupt.

According to Wilson the maintenance of order more than the problem of

law enforcement, is central to policeman's (especially the patrolman) role for
several reasons;

First, many police department receive more calls for help in maintaining
order than enforcing the law. Some of these complaints may result in
arrests, but most do not.

Police may be called to quiet down noisy neighbors who are engaged in
videoke session or may be called to intervene between a store owner and the
latter's clients; or that wandering drunk zigzagging in a street. These
activities are not necessarily criminal in nature, although they maybe annoying
some people.
 Second, maintaining order may subject the police and others to physical
charge. A large group may turn into riot. Domestic disputes frequently lead
to violence between the spouses against the police. Domestic problems
occur late at night.

Third, the police exercise substantial discretion over matters of greatest

importance in order maintenance.

As a result, according to Kelling, increased attention to order

maintenance improves the relationship between the police and the
community, which results in greater cooperation of citizens with the
police. Citizen's fear of the police is reduced; community support of the police is
improved; police does not feel isolated from the community; and crime detection
and prevention increase.

2. Community-Service Function

Police performs a variety of services related to law enforcement. One of

which is community service. Performing community service takes
away police time that might otherwise be spent in law enforcement. But the
performance of certain community services by the police might deter
criminal activity as well as improve the public's image of the police.

Officers give talk on crime prevention, emphasizing to residents what

they can do to make it less likely that they will become the victims of property or
personal crimes. Educating women on the prevention of rape is a frequent topic of
these sessions. Visiting with school children to educate them in crime prevention is
another type of police social work. Police may also perform a very important service
function that indirectly related to crime prevention. Police are dependent on the
cooperation of the citizens for effective crime prevention but many citizens do not
have a good image of the police and do not want to cooperate with them. Any kind
of community involvement of police may have a positive effect on their image. It is,
however, also important that the police do not spend so much time in the
community service functions than the law enforcement functions and the order
maintenance functions are neglected.

3. Law Enforcement

The third major area of police functions is law enforcement. We not only
empower the police to enforce the law, but we expect that they will do
so. We expect also the police to prevent crime, in many cases without our
help. But the ability of the police to handle crime is limited and they are
dependent on assistance, although they do not always get assistance.
 The law enforcement function of policing cannot be understood
adequately except in the context of the legal requirements that must be
observed by police officers performing this aspect of policing.

4. Neigborhood Team Policing

Conceptually, neighborhood team policing represents an attempt to

integrate the police and the community interests into a working
relationship so as to produce the desired objectives of peacekeeping in the
community.

It is a concept of accomplishing the essential functions of the force by

assigning a team of policeman in the particular locality at more or less
permanent basis. The purpose of the team is to familiarize on the conditions
in the locality and should interact with each other and with the community.

Neighborhood team policing is a departure from a paramilitary type of

organization because every member of the team is a generalist and
sometimes a specialist and the decision- making is decentralized.

If the Philippine National Police (PNP) is the primary law enforcement agency in the
Philippines, describe its relations with other law enforcement agencies.

The Philippine National Police (PNP) and the National Bureau of Investigation (NBI)
are the premier law enforcement agencies of the country wherein both have their
own mandates in the implementation of their respective law enforcement functions.

On the other hand, the Philippines established the National Law Enforcement
Coordinating Committee (NALECC) through Executive Order 829 September 11, 1982
to serve as a vehicle for cooperation and coordination and exchange of information
among government law enforcement agencies. The initiative is meant to ensure
unified direction and integration of efforts throughout the country in suppressing
criminal activities.

The NALECC is chaired by the Chief, PNP, with 59 regular members and 17 Sub-
Committees.

LESSON 3. Crime Detection

What is crime detection in relation to the administration of the criminal justice

system?

Through crime detection, the police is typically the first component of the
justice system to deal with the commission of the crime.
How is crime detected?

(a) The most typical way that crimes come to the attention of the police is for
the victim to report its occurrence to the police.

(b) A less typical way for the police to be advised of the crime is through the
reporting of someone who has witnessed its commission or has
come upon evidence indicating that a crime has been committed.

(c) The police themselves, through their routine operations discover that a
crime has been committed or witness its commission.

What is the most important part of crime detection?

An important part of crime detection may be the result of an aggressive police

work. Experienced police officers and detectives sometimes concentrate their
surveillance operations and investigate efforts on persons, situations or places in
which past experience has taught them that criminal behavior is likely. Example:
conducting a buy-bust operations.

What is a buy-bust operation?

"Buy-bust operation" is also known in legal and police parlance as a form of

"entrapment". This simply means that ways and means are resorted to by the police
officers in order to catch a law violator as distinguished from "instigation" wherein
the police basically induced the person into committing a crime.

In entrapment, the person caught by the police is criminally liable for the crime
committed; while in instigation, the person induced is not criminally liable but the
police officer who induced the latter maybe held criminally, civilly and
administratively liable.

Explain the Concept of Crime Control Functions and "Rationing" in the Law
Enforcement Pillar.

Crime Control Functions in Law Enforcement is almost intertwined with the

"rationing concept" in the enforcement of criminal law.

With thousands of criminal law to be enforced, and as varied the classes of

crimnals are, it is but impossible to address the law enforcement functions in all
fronts. One study in the US would explain: "The empire of crime is too large and
diverse to be attacked on all fronts simultaneously."

The law enforcement therefore has to set priority on what law to enforce,
when to enforce, to whom and on what occasions. Some laws are almost always
enforced like serious crimes, violent crimes or sexual crimes, some are being ignored
for being irrelevant. While others are totally not being enforced as it is not the
priority of the police.

Rationing refers to when the police selectively enforces criminal law for various
reason.
In short, the concept of crime control [what specific criminal law to enforce, to
whom specific individuals or group, when and how] is influenced by the rationing
concept that the police administrators are adopting.

LESSON 4. Arrest and Search Warrant

Define Arrest.

Arrest refers to the taking of the person into custody in order that he be may
made to answer for the commission of the crime.

What is the importance of arrest in the administration of criminal justice system?

Arrest is important in the Administration of Criminal Justice System because if

the accused is not arrested, the court will not acquire jurisdiction over his person
unless the person voluntarily surrenders himself to the authorities.

Under the law, the court cannot proceed with the trial of the person without
his presence or in absentia. This is in consonance with the constitutional
requirement that the accused must have the right to be heard by himself and to be
informed of the cause and accusation against him.

The only exemption when the accused presence in court may not anymore be
required is when he has been identified by the witness and when the accused has
already been arraigned.

Define Probable Cause in effecting arrest.

Probable cause with respect to arrest is such fact and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense has
been committed by the person sought to be arrested.

Define Search Warrant.

A search warrant is an order in writing issued in the name of the People of the
Philippines signed by the judge and directed to the peace officer, commanding him
to search for personal property and bring it before the court.

What are the requisites for the issuance of a search warrant?

A search warrant shall be issued only:

 (a) upon probable cause
(b) in connection with one specific offense
(c) to be determined personally by the judge
(d) after examination under oath or affirmation of the complainant and
the witnesses he may produce, and
(e) particularly describing the place to be search and the thing to be
seized.

What are the personal property to be seized?

The following are the properties to be seized:

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

What is the general rule in effecting an arrest? Reason.

The general rule in effecting an arrest is simply to make an arrest only when
there is a warrant.

The reason:

(a) for the protection of the person making the arrest in order not to be
charged criminally for violation of Article 124 or Art. 125 of the Revised
Penal Code and other related penal laws;

(b) and also to preclude the filing of any civil and administrative charges
against the arresting officer.

What are the duties of arresting officers executing either a warrantless arrest or
arrest with warrant?

(a) To arrest the accused without necessary delay and to deliver him to the
nearest police station or jail;

(b) The officer shall inform the person to be arrested and of the fact that a
warrant has been issued for his arrest, except when he flees or
forcibly resists before the officer has the opportunity to so inform
him or when the giving of such information will imperil the
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 possible;

(c) To inform the person arrested about his rights under the Constitution and
for the police to observe the mandate of RA 7438. (Rights of a Person
Under Arrest)
What is the exception to the general rule?

The exception to the general rule is provided by the Revised Rules on Criminal
Procedures

Rule 113, Section 5. Warrantless Arrest

A police 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 and circumstances, that
the person to be arrested has committed it;

(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
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

What is the general rule in effecting Search and seizure?

Just like arrest, the general rule in effecting a search and seizure is only by
virtue of a validly issued Search Warrant.

The reason:

(a) For the protection of the searcher not to be charged of a crime of theft,
robbery and the like;
(b) and for any civil and administrative liabilities.

What is the exception?

Unlike Warrant of Arrest, the rule as well as lines of jurisprudence has provided
for a number of exception to the general rule on Search Warrant, to wit:

(a) Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 of
the Rules of Court;
(b) Seizure of evidence in plain view;
(c) Search of a moving vehicle;
(d) Consented warrantless search;
(e) Customs search;
(f) Stop and frisk search; and
(g) Exigent and emergency circumstances.
What is the reason for the limitation in the exercise of these powers by the police?

The reason for the limitation is provided by Constitution.

Art. III, Sec. 1-3, Philippine Constitution.

Sec. (1) No person shall be deprived of life, liberty, and property without due
process of law nor shall any person be denied the equal protection
of the law.

Sec. (2) The right of the people to be secured in their Clear persons, houses,
papers and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall sue except upon
probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant or the witnesses he may
produce, and particularly describing the place to be searched and
the person or thing to be seized.

Sec. (3) Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.

Are the evidence obtained in violation of the rule on arrest and search and seizure
admissible in evidence against the accused?

No, the evidence obtained in violation of the above rule on arrest and search
and seizure is not admissible in evidence against the accused in any proceedings.

What do you call this rule not admitting these unlawfully obtained evidence?

This rule not admitting any unlawfully obtained evidence against the accused is
referred to by the Supreme Court as "the exclusionary rule " because the same is
said to be "the fruit of the poisonous tree".

What is the importance of police patrol in the administration of the Criminal Justice
System?

Patrol is the only police function that is directly responsible for crime
prevention, and crime prevention being one of the main goals of the Criminal Justice
System.
1. Introduction/Overview
1.1. Lesson 5
What is the purpose of patrol? Explain.

The main purpose of patrol is to provide visibility. By providing police visibility,

the patrol officer creates a basic street psychological effect, that is:
 1. It creates a feeling of fear to the would-be offender; and
2. A feeling of security and safety to the law abiding citizen.

In connection with the above, it is but only logical that the presence of a police
officer eliminates the opportunity on the part of the would-be violator to commit a
crime. OPPORTUNITY being one of the elements in the commission of the offense,
the other is DESIRE. By eliminating the opportunity, crime cannot exist anymore
because the two element must co-exist.

Other authors suggest that the presence or lack of INSTRUMENT or TOOLS may
be a consideration if the crime can be committed. Others suggest that the question
of CAPABILITY of the would-be offender can be an element to consider if the crime
can be committed.

However, no one can really prevent a determined person to commit a crime.

LESSON 6. Criminal Investigation

What is the importance of Criminal Investigation in the Administration of Criminal

Justice System?

Criminal Investigation is important in the administration of the Criminal Justice

System because one of the purpose of criminal investigation is to gather and
preserve evidence that will both justify their enforcement action in the particular
case as well as enablethe fact-finding process of the courts and the prosecution of
the case successfully and obtain conviction.

Define Criminal Investigation.

Criminal Investigation is an art, which deals with the identity and the location
of the offender and provides evidence of his guilt in a criminal proceedings.

Who is an investigator and what are the qualities o a good investigator?

An investigator is one who is charged with the duty of carrying the objectives of
investigation, such as:

1. identify the criminal;

2. locate the offender; and
3. provide evidence for his guilt.

The following are the qualities of a good investigator:

1. He must have the ability to persevere despite the obstacles and monotony
of investigation.
2. He must have the ability and the intelligence to obtain vital information
easily.
 3. He must be honest, incorruptible and with personal integrity;
4. He must have a knowledge of the psychology of human behavior.
5. He must have sufficient understanding of people and their environment;
6. He must have a keen power of observation and memory retention to
accurately describe what he had seen;
7. He must be resourceful and quick-witted;
8. He must have adequate or general understanding of the Rules on Evidence
and procedure and elements of specific crimes under investigations.

What will be the effect of incompetent investigation in the administration of justice?

(Present here updated statistics of cases dismissed due to incompetent

investigation)

LESSON 7. Crime Prevention

Define Crime Prevention.

Crime prevention is simply defined as the elimination or reduction of the desire

and/or opportunity to commit a crime.

However, crime prevention function is being ignored by police officers because

the same will not reflect as hard data in their individual performance.

It is simply impossible to account how many crimes are prevented by a serious

to goodness crime prevention function of an individual police officer on the beat.

On the other hand, it is easily understandable that an individual police officer's

focus on law enforcement function like arrest and actual encounters with offenders
will certainly be reflected in their individual records of accomplishment
(commendation, etc.) for promotion purposes or performance evaluation.

LESSON 8. Police Image in the Administration of the Criminal Justice System (CJS)

Why must the police enhance its public image?

It is important for the police to enhance their image so that full cooperation of
the community be attained.

It is a fact that the concerns about crime are not solely a police concern. It is
also a community concern. Therefore, there must be a police-community
partnership in tackling the issues about crime prevention and law enforcement. This
police-community partnership is referred to as the concept of Community Oriented
Policing.
The police should be able to help the community organized itself. The community
should be strengthened and organized against crime. A community that is
disorganized or chaotic is the breeding ground of delinquent behavior and of
criminal activities. This is described as the "Broken Window" theory by Wilson and
Kelling.

It is only when the police is fully supported by the community that they shall be
truly become effective in their crime prevention, investigation and law enforcement
functions.

What must the police do in order to enhance its public image?

The following are some of the activities that the police must perform in order
to enhance their image:

(a) increased police visibility through the dispersal of personnel from the
headquarters to the field offices;
(b) efficient and optimized delivery of police services to the communities;
(c) constant dialogue and meetings with the barangay officials in their
respective territorial jurisdictions;
(d) community service oriented policing by conducting seminars for the traffic
aides, police aides and the barangay tanod;
(e) coordination with the media for image enjancing projects.

LESSON 9. Police Discretion in Relation to the Administration of the Criminal Justice

System

What is police discretion?

As defined by Kenneth Culp Davis, discretion means the freedom to make a

choice among possible courses of action.

It is also defined as the police officer's wise use of wisdom based on his
knowledge, education, training, skill under the given situations or conditions.

Discretion is observance not of formal or established rules but of informal one.

By the very nature of their work, police officers normally make critical decisions
involving the life, liberty, honor and property of citizens. And these requires
discretion on their part.

Sometimes, police discretion is a matter of life and death vis-a-vis

condemnation choice.

Thus, the saying: "Damn if you shoot; damn if you don't." Such is the
importance of exercise of discretion. The police officer and the police organization
will be condemned for exercising or using police brutality or excessive use of force or
for hesitating to use the same, it might result to the police officer's negligence of
duties, physical incapacitation or serious injuries or even death.

Enumerate some examples of police discretion.

The following are some of the examples of police discretion:

(a) Whether or not to enforce a specific law.

(This is referred to as Selective Enforcement) This is the practice by the
individual police officer or the police organization's leadership to
decide which law/s to enforce or to vigorously enforce.

(b) Whether or not to investigate.

There are factors to consider like the relationship between the offender
and the victim, the nature of the crime, the available evidence
(available, willing and able witnesses), etc.

(c) Whether or not to conduct search of people or building.

Consideration of possible legal implication to the searching police officers
(Art. 129, 130, 131 of the Revised Penal Code and Rule 126, Revised Rules
on Criminal Procedure, and the Constitution on the Bill of
Rights)

(d) Whether or not to effect an arrest.

Issues like absolute compliance with Article 124 and 125 of the Revised
Penal Code, Section 5, Rule 113 and in general the provisions of Rule 113
of the Revised Rules on Criminal Procedure, and Constitution on the Bill
of Rights, and the question of probable cause r suspicion in the conduct
of arrest.

(e) To determine what charges are to be filed.

In our jurisdiction, the determination of the what crime is to be charged
against the suspect is left at the discretion of the public prosecutor who
is the evaluator of evidence forwarded by the Police. Absence such
authority, the policeman can only rely on his own evaluation but still
subject in the evaluation of the public prosecutor.

MODULE 3 - PROSECUTION

The Second Pillar of the Criminal Justice System

What is the prosecution as a pillar of the Criminal Justice System?

 The Prosecution as the pillar of the Criminal Justice System simply pertains to
"a criminal action". Furthermore, it refers to 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.

"It is also used to designate the government as the party to the proceeding in a
criminal action."

In a criminal case, it is also referred to as the process by which formal criminal

charges are brought against a person accused of committing a crime.

How is prosecution of criminal offenses initiated in the Philippine setting?

For offenses that requires Preliminary Investigation, the criminal complaint is

instituted by the filing at the Office of the Public Prosecutor (Metro Manila or
Chartered Cities or in the Provinces).

For offenses that do not require Preliminary Investigation, the same shall be
filed at the Office of the Public Prosecutor in Metro Manila or Chartered Cities as the
case may be. In the provinces, the same may be filed directly with the court
(Municipal Trial Courts or Municipal Circuit Trial Courts).

For the so called Private Crimes, the same cannot be instituted unless the
private offended party gives the consent or initiates the filing of the complaint
against the offender or in the absence or incapacity of the offender to initiate the
filing of the complaint, by those enumerated under the Rules.

For offenses whose penalty do not exceed imprisonment of one (1) year
regardless of fine, and the offender is not a corporation, the same shall undergo the
required conciliation proceedings at the Katarungang Pambarangay (Barangay
Justice System)

In our setting, who conducts the prosecution?

In our setting, the prosecutor is the government officer tasked to conduct the
prosecution of criminal actions in court. The Revised Rules of Court expressly
provides that the prosecution has the direction and control of the case. Although, in
the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is
absent, the offended party, any peace officer or public officer charged with
enforcement of the law violated may prosecute the case. But such authority shall
cease upon actual intervention of the prosecutor or upon elevated to the Regional
Trial Court.

Who is being represented by the prosecutor in the prosecution of the case?

 In criminal prosecution, the prosecutor represents the State or the People of
the Philippines. This is so because the real offended party is the People of the
Philippines, for a crime is an outrage against, and its vindication is in favor of, the
People of the Philippines. The offended party in criminal prosecution is merely a
witness; mere collateral for the crime that was committed by the accused is not
against the offended party but against the people of the Philippines.

LESSON 1. Prosecutor's Role

What are some of the roles of the prosecutor?

The following are some of the role of the prosecutors:

(a) To conduct Preliminary Investigation;

(b) To make proper recommendation during the inquest of the case referred
to them by the police after the investigation of the suspect.
(c) To represent the government or state during the prosecution of the case
against the accused.
(d) To act as a legal officer of the province or city in the absence of its legal
officer.
(e) To investigate administrative cases filed against State Prosecutors,
Provincial Prosecutors, including the support staff of the National
Prosecution Service (NPS).

In the administration of Criminal Justice System, what is the role of the prosecutor?

The prosecutor perhaps plays the most crucial role in the administration of
criminal justice system because the office occupies a central and very important
position between the police and the Courts. The prosecutor is the person
responsible in determining whether or not to bring formal charges against persons
accused of committing crimes to be processed in the system. He/she decides
whether to prosecute the case or not. Hence, even some authors referred to him as
the "traffic cop" of the criminal justice process.

LESSON 2. Preliminary Investigation

Define Preliminary Investigation.

Preliminary investigation is an inquiry or proceeding to determine whether

there is sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof and should be held for tria.

In general, what are the purposes of Preliminary Investigation?

 In general, the preliminary investigation has a three-fold purpose:

(a) To inquire concerning the commission of crime and the connection of

accused with it, in order that he may be informed of the nature and
character of the crime charged against him, and if there is probable
cause for believing him guilty, that the state may take the
necessary steps to bring him to trial;

(b) To preserve the evidence and keep the witness within the control of the
state; and

(c) To determine the amount of bail, if the offense is bailable.

What are the principal purpose of Preliminary Investigation?

The following are the principal purpose of preliminary investigation?

1. To determine whether a crime has been committed and whether there is

probable cause to believe that the accused is guilty thereof;

2. To secure the innocent against hasty, malicious and oppressive prosecution;

3. To protect him from an open and public accusation of a crime, from the
trouble, expense, anxiety of a public trial; and

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

When can there be Preliminary Investigation?

A Preliminary Investigation is required to be conducted before the filing of the

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.

Is there an instance when Preliminary Investigation is not required to be conducted

even if the crime is one that requires Preliminary Investigation?

Yes, when the offender was arrested without a warrant, an INQUEST

investigation will be conducted by the inquest investigator. There is no need to
conduct a Preliminary Investigation, unless the person arrested asks for Preliminary
Investigation. However, before the same can be done, he must sign a waiver under
the provision of Art. 125 of the Revised Penal Code.

An INQUEST shall refer to an informal and summary investigation conducted by

a public prosecutor in criminal cases involving persons arrested and detained
without the benefit of a warrant issued by the court for the purpose of determining
whether or not said person should remain under the custody and correspondingly
charged in court.
 Where the detained person does not opt a preliminary investigation or
otherwise refuses to execute the required waiver, the investigator shall proceed with
the inquest by submitting the suspect before the inquest prosecutor to include
sworn statements/affidavits to the complainant and the witness/es and other
supporting evidences.

Is Preliminary Investigation a Constitutional right?

No, Preliminary Investigation is not a Constitutional right. It is merely a

statutory right.

Can it be waived?

Yes, since it is merely a statutory and personal right, it can be waived either
expressly or by implication. When the accused failed to invoke his/her right to
preliminary investigation before or at the time of the arraignment, he/she is deemed
to have waived his/her right to preliminary investigation.

Is Preliminary Investigation a matter of right?

Preliminary Investigation is a matter of right only when the crime committed is

punishable by a penalty of at least four (4) years, two (2) months, and one (1) day.
Otherwise it is not.

What is the effect if Preliminary Investigation is not accorded to the respondent or

the accused?

Denial of Preliminary Investigation to the accused or the respondent when

proper shall be considered a violation of due process because preliminary
investigation is a component part of due process in criminal.justice. The right to a
preliminary investigation is a substantive right.

LESSON 3. Persons authorized to conduct Preliminary Investigations

Who are the persons authorized to conduct Preliminary Investigation?

The following are the officers authorized to conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.
Give an example of other officers authorized by law to conduct preliminary
investigations.

They are the following:

1. The Ombudsman and special prosecutor and prosecutors duly authorized by

the Ombudsman with respect to cases under its jurisdiction. (Example:
Anti-Graft and Corrupt Practices Act and Bribery, among others).

2. The Commission on Elections (COMELEC) with respect to cases in violation

of the Election Law.

3. Private Lawyers when duly deputized by any of the above.

Are all judges authorized to conduct Preliminary Investigation?

NO. Not anymore.

Is the mayor authorized to conduct Preliminary Investigation?

No, the mayor is not anymore authorized to conduct preliminary investigations.

It used to be under the old rule that the mayor is authorized, but under the present
rule that power has been revoked.

Define probable cause in the conduct of Preliminary Investigation as distinguished

from probable cause in the issuance of the warrant of arrest.

Probable cause for the purpose of filing information by the prosecutor has
been defined as the existence of such facts and circumstances as would excite the
belief, in a reasonable mind, acting on the facts within the knowledge of the
prosecutor, that the person charged was guilty of the crime for which he was
prosecuted.

Whereas probable cause for the issuance of a warrant of arrest is that which,
based on facts and circumstances obtaining, would lead a reasonably discreet and
prudent man to believe that an offense has been committed by the person sought to
be arrested.

In the former, the prosecutor determines probable cause; while in the latter, it
is the judge who determines the probable cause.

When may a judge issue a warrant of arrest?

The rule is that an arrest warrant must be issued by a judge only after
examining the complainant and the witnesses he may produce and after finding
probable cause to believe that the person to be arrested has committed the crime.
What is the relevance of Preliminary Investigation in the Administration of Criminal
Justice System?

In our jurisdiction, the conduct of preliminary investigation is very relevant

because at the onset of the criminal process the entry into the system of the
offender is already being screened so that criminal complaint that does not have
probable cause is not given due course.

What is the effect of preliminary investigation overall in the administration of

Criminal Justice System?

The primary the effect of preliminary investigation in the criminal process is to

reduce the backlog and congestion of cases in our courts.

LESSON 4. Prosecutor's Discretion

What are some of the discretion of Prosecutors?

The following are some of the discretion of Prosecutors:

1. Whether or not to file the case in court.

2. What charges to file.
3. Whether or not to decline to prosecute the arrested party.
4. Whether or not to enter into plea-bargaining.

What is the most important prosecutorial discretion? Explain.

The prosecutor in our setting has virtually unlimited discretion and the most
important prosecutorial discretion is deciding whether or not to file the case in court
against the accused.

Many times the prosecutor will refuse to prosecute or, after deciding to
prosecute and bring formal charges against the suspect, will petition the court to
drop the charges. Once the prosecutor decides to prosecute, he/she must decide
the appropriate charges to be filed against the particular suspect depending on the
gravity of the offense and the degree of the participation of the accused in the
commission of the crime.

Enumerate some of the reasons for prosecutorial rejection or dismissal of some

criminal cases.

They are the following:

 1. Insufficient evidence that results from a failure to find sufficient physical
evidence that links the defendant to the offense.

2. Witness problem that arise for example, when a witness fails to appear,
gives unclear or inconsistent statements, is reluctant to testify, is
unsure of the identity of the offender.

3. Due process Problems that involves the violations of the constitutional

requirements for seizing evidence and for the questioning of the accused.

What is the primary goal that the prosecutor may consider in charging decision?

The primary goal of the prosecutor in charging decision is crime prevention.

Prosecutors attempt to control crime by prosecuting and therefore incapacitating
offenders and deterring potential criminals.

What are some of the factors that may influence prosecutorial decisions?

They are the following:

1. Pressure from the public.

2. Pressure from the media.
3. The desire to get rid of a suspect who is a particular problem to the
community.
4. The belief that new evidence would be discovered and that such evidence
would be favorable to the suspect.
5. The nature of the complaint and the attitude of the offended party.
6. The seriousness of the offense.
7. The exchange of the relationship among the components of the Criminal
Justice System as well as the congestion within and the resource
demands placed upon the system.

Does the prosecutor have a greater discretion than the police?

Yes, the prosecutor has even a greater discretion than the police. The
prosecutor may refuse to file formal charges against those arrested, hence
minimizing or influencing the arrest power or the decision making of the police.

What would be the effect of the above discretion of the prosecutor over the police
performance of their duty?

Although the prosecutor has no direct control over the police, this power to
decline prosecution may affect the way police operate.

If the prosecutor often refuses to prosecute certain types of cases, the police
may stop making the arrests when suspects appear to have violated those offenses.
On the other hand, vigorous prosecution of some kinds of offenses might encourage
police to be more diligent in arresting for those offenses.

Is it posible to interfere or to control the prosecutorial discretion?

No, as a general rule, and in the line of cases, even the Supreme Court is
reluctant to interfere in the exercise of the prosecutor of his/her discretion. This is
in deference to the Doctrine of Separation of Powers between co-equal branches of
the government; Save in some instances when the prosecutor is alleged to have
gravely abused the exercise of his discretion amounting to lack or excess of
jurisdiction.

Is there a remedy available should the prosecutor without just cause decline to
prosecute a crime?

The following are the remedies available:

(a) File a motion for reconsideration.

(b) File an administrative appeal with the Secretary of Justice.
(c) File an administrative case against the Prosecutor.
(d) File a civil case against the prosecutor.
(e) File a special civil action for grave abuse of discretion.
(f) File a criminal case against the prosecutor.

LESSON 5. Bail

What is bail?

Bail is the security given for the release of the person in the custody of the law,
furnished by him or the bondsman, to guarantee his appearance before any court as
required under the conditions as specified.

When is bail a matter of right?

(a) At the Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC),
Metropolitan Trial Court (MeTC) -All persons in custody shall be
admitted to bail as a matter of right before or after conviction.

(b) At the Regional Trial Court (RTC) - All persons in custody shall be admitted
to bail as a matter of right before conviction of an offense not
punishable by death, reclusion perpetua or life imprisonment.

When is bail discretionary?

 Upon conviction at the Regional Trial Court of an offense not punishable by
death, reclusion perpetua or life imprisonment, the admission to bail shall be
discretionary.

Who decides when bail should be granted or not?

The decision whether or not bail should be granted is solely a Court's

prerogative based on the strength of the evidence at hand, the gravity of the offense
and the character or risk that the accused will commit another crime or escape,
among others.

Where should the ball be posted?

As a rule, Bail should be filled only before the Court, which has jurisdiction over
the case of the accused, who was arrested or under the custody of the law.

As an exception, Bail maybe posted or filed before the Court of the place where
the accused was arrested other than the Court where his case was filed. In some
instances, when there is no available RTC court in the place, the bail may be filed at
the MTC, MeTC of the place where the accused was arrested.

May the bail be filed in a court other than the court where the case is filed?

Yes. (See the immediately preceding answer.)

What is the purpose of bail?

The purpose of bail is to secure the appearance of the accused before the
Court when so required. And of course, to provide the accused of his temporary
liberty while awaiting the processing and the disposition of the case filed against
him.

What are the different kinds of bail bond?

The following are the kinds of bail bond:

1. P - Property
2. C - Cash
3. C - Corporate surety
4. R - Recognizance