UNIT I

INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Specific Objectives: At the end of the unit, the students should be able to:
1. explain the Concept of the Philippine Criminals Justice System;
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2. evaluate and analyze the course of the criminal justice system;
3. enumerate the components of the criminal justice system; and
4. describe the criminal justice system as a whole.

INTRODUCTION

Criminal Justice System is the machinery used by the society to prevent and
control crime. It is a tool of a Democratic Government to protect the society against
criminality and other peace and order problem.

In theory, Criminal Justice System is an integrated apparatus that is concerned

with the following:

apprehension,
prosecution,
trial,
conviction,
sentencing and
rehabilitating or correcting criminal offenders.

The process is the totality of the activities of law enforcers, prosecutors, defense
lawyers, judges and correctional institutions, as well as those of mobilized community in
crime prevention and control.

Basically, the Criminal Justice System in the American context is initially made
up of three key components – the police, the court and the corrections.

Criminal Justice System in the Philippines was expanded to achieve its

objectives – prevention and control of crimes.

DEFINITION OF TERMS

Crime
It is an act or omission punishable by law.

Act
Any bodily movement tending to produce some effect.

Omission
It refers to the failure to perform a specified act.

Criminal Law
A branch of law that defines crimes, treats of their nature and provides for
their punishment.
Types of Crime

1. Felony
Any act punishable by the Revised Penal Code of the Philippines.

2. Offense
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Any act punishable by Special Penal Laws.

3. Misdemeanor or Delinquency
Any act which is in violation of simple rules and regulations.

Features of Criminal Law

1. Politicality
Laws are constructed by political authorities.
2. Specificity
Précised in stating what must be done.
3. Uniformity
Equal to all persons.
4. Penal Sanction
Provides punishment.

Characteristics of Criminal Law

1. Generality
Penal law is binding to all persons sojourning in the Philippines.

2. Territoriality
Penal law is applicable to all the crimes committed within the Philippine
territory.

3. Prospectivity
Penal law cannot be applied retroactively. Penal law cannot make an act
punishable in a manner in which it was not punishable when committed.

Criminal

A person convicted by a competent court in violation of the criminal law.

 A person can be considered a criminal under the following circumstances:

1. He must have committed a crime.

2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must
have been arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the
court by the prosecutor for trial.
5. There was arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
 10. The convict has fully served his sentence in prison.

Suspect
It refers to a person who allegedly committed a crime. It is a term used to refer
to a person who is undergoing criminal investigation.
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Accused
A person who was formally charged in court for the commission of an offense.

Victim
Forgotten person in the Criminal Justice System.

Justice
It connotes equality in the application of laws. According to the Supreme Court
of the Philippines, justice is symbolically represented by a blindfolded woman,
holding with one hand a sword and with the other, a balance, meaning thereby
that it is administered without respect to persons, equally to the poor and the
rich.

System
It refers to the orderly combination or arrangement, as of parts or elements, into
a whole; specifically, such combination according to some rational principle; any
methodical arrangement of parts.

Criminal Justice System

A machinery used by the government to prevent and control crimes.

Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.

“VISION OF THE CRIMINAL JUSTICE SYSTEM”

CJS VISON is for a safe, peaceful, and progressive Philippines through

partnership and shared responsibility in attaining peace and order.

LAW ENFORCEMENT
Well-coordinated, professional, dynamic and highly motivated law enforcers in
partnership with the community for a safe, peaceful and progressive Philippines.

PROSECUTION
A maximized prosecutorial capability to reduce criminality for a peaceful and
progressive Philippine society.

COURTS
A court system which is truly independent, just and speedy to the end that no
innocent person is convicted and no guilty man is acquitted.
CORRECTIONS
A correctional system that is modern, humane, responsive and integrated.

COMMUNITY
A united proactive community working for peace and order in partnership with
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the other pillars of the criminal justice system.

“MISSION OF THE CRIMINAL JUSTICE SYSTEM”

The CJS MISSION is to promote peace and order through active community
involvement and fair and dispensation of justice.

LAW ENFORCEMENT
To enforce the law, prevent and control crime, maintain peace and order, and
ensure public safety and internal security with the active participation of the
community.

PROSECUTION
To provide a highly professionalize, properly motivated and people-oriented
prosecution service to conduct preliminary of complaints and prosecute criminal
actions to ensure fair, speedy and inexpensive prosecution of cases.

COURTS
To promote respect for and obedience to the Rule of Law through proper and
efficient administration of justice.

CORRECTION
To rehabilitate and reintegrate offenders into the mainstream of society and
uphold their human rights and dignity through speedy legal and administrative
processes and provision of scientific and spiritual programs.

COMMUNITY
To mobilize key sectors of the community in an integrated plan of action to
combat crime and promote peace, order and justice.

Components of the Criminal Justice System

I. American Concept
1. Law Enforcement
2. Court
3. Correction

II. Philippine Concept

1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community
 “CRIMINAL JUSTICE PROCESS”

Criminal justice is a process of selection.

Not every crime that is committed is reported to the police;
Not every crime reported to the police results in an arrest;
Not every arrest results in a prosecution;
Not every prosecution results in a conviction; Page | 5
And not every conviction results in a prison sentence.
In other words, criminal justice is a process whereby individuals are sifted and
sorted out at various decision points within the system.

During the processing of the offender, there is a great deal of “slippage” within
the system at various decision points in the process. A major characteristic of the
administration of criminal justice is the discretion that exists at each critical decision
stage in the system. The criminal justice system operates like a complex filter,
screening out offenders at various points.

The criminal justice process can be conceived as a homogenization process.

The process begins with acts that may or may not be considered as “criminal”
(designated as social harms). At the beginning of the process, we have a very
heterogeneous group of people, since just about everyone commits some act that could
be considered a “social harm”. However, very few of these acts come to the attention of
the police. Of those that do come to the attention of the police, only a small percentage
(less than 20 percent) results in an arrest. Even of those arrested, many are never
charged with a crime or “booked”.

As we proceed through the stages of the CJS, we see that the number of people
involved as accused is further reduced. Also, and more importantly, the kinds of people
involved become more and more homogenous.

For instance, they become more alike in terms of the following:

age (younger),
sex (more are males),
social class (increasing numbers of lower - and working-class people),
offense (more and more “index” offenses, especially property offenses such as
theft and robbery),
And more and more with previous experiences with the criminal justice
system.

When we arrive at the last stage, the prison populations, we have the most
homogenous grouping in which the vast majority are poor, unskilled, uneducated, and
well experienced in crime and have had much contact with the criminal justice system.
 UNIT II

THE LAW ENFORCEMENT PILLAR

Specific Objectives: At the end of the unit, the students should be able to:
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1. trace the development of law enforcement;
2. explain the exercise of discretion and its control;
3. expound the powers and functions of the police force; and
4. evaluate the image of the police force;
5. explain police tasks;

LAW ENFORCEMENT

It is considered as the prime mover of the Criminal Justice System. Law

enforcement is a deterrent and preventive activity.

It consists of patrolling to supervise conduct, investigating to identify offenders

and/or recover stolen or missing property, warning or arresting those who are probably
guilty of criminal behavior, and assisting in the prosecution and trial of offenders. Its
goals are aimed towards the prevention and disorder, preservation of peace, and the
protection of life, properties and individual freedom.

The Police (Law Enforcement) stand at the forefront of the Criminal Justice
System. Law Enforcement is a deterrent and preventive activity. It consists of patrolling
to supervise conduct, investigating to identify offenders and or recover stolen or
missing property, warning or arresting those who are probably guilty of criminal
behavior, and assisting in the prosecution and trial of offenders. Its goals are
aimed towards the prevention of crime and disorder, preservation of peace, and the
protection of life, properties and individual freedom.

A large number of government agencies are involved in law enforcement one

way or another. The kind and degree of involvement vary from general and specific
law enforcement to enforcing standards and regulation pertaining to particular
government activities.

In the Philippines, the law enforcement function is spearheaded by the

Philippine National Police (PNP), the Department of the Interior and Local
Government (DILG), and the National Bureau of Investigation (NBI) under the
Department of Justice (DOJ).

In addition to these government offices, there are other agencies tasked with
enforcing special laws. Among these are:

1. Police Anti-Crime Emergency Response Team – (PACER)

2. Bureau of Internal Revenue (BIR)
3. Land Transportation Office (LTO)
4. Bureau of Customs (BOC)
5. Bureau of Immigration (BOI)
6. Economic and Intelligence and Investigation Bureau (EIIB)
7. Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)
 9. Marine Industry Authority (MARINA)
10. Bureau of Forest Development
11. Department of Agriculture (DA) - BFAR, BPI, etc.
12. Air Transportation Office (ATO)
13. National Telecommunications Commission (NTC)
14. Bureau of Product Standards (BPS)
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HISTORY OF POLICE FORCES

I. Introduction:

Police is the agency of a community or government that is responsible for

maintaining public order and preventing and detecting crime. The basic police mission —
preserving order by enforcing rules of conduct or laws — was the same in ancient
societies as it is today in sophisticated urban communities.

The term police originated from the Greek word “politeia”, which means
government of a city. The term was used to describe the group of civil officers governing
the city and not necessarily the armed men guarding/policing the city. When the Romans
conquered the Greeks, they changed the word slightly to “politia”.

The French changed the word to “police” and used it to those authorized people
who actually enforce the law. The English and the Americans borrowed the word from
the French and used it to describe a law enforcement officer.

Cop and constable are terms with similar meaning to the word police. The word
cop is commonly used to describe a police officer. This word most likely came from the
European word cop, meaning to catch or seize.

Broad Goals of the PNP

1. Prevent and control crimes.

2. Maintain peace and order.
3. Ensure public safety and security.

Sub Goals of the PNP

1. Reduce the level of criminality and crime rate into a desirable social level.
2. Improve crime solution efficiency.
3. Maximize linkages with other components of CJS and international law
enforcement agencies.
4. Enhances the credibility of law enforcement organizations.

Statutory Power of Police

1. Enforce all laws and ordinances relative to the protection of lives and properties.
2. Maintain peace and order and to take all necessary steps to ensure public safety.
3. Exercise the general powers to make arrest, search, and seizures in accordance
with the constitution and pertinent laws.
4. Investigate and prevent crimes, effect the arrest of criminals, bring offenders to
justice and assist in their prosecution
 5. To assist other national government agencies, instrumentalities and subsidiaries
in the enforcement of laws pertinent thereto upon proper request and or
deputization.
6. Detain an arrested person for a period not beyond what is prescribed by law.

Administrative Functions of the Police

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1. To ensure licenses to possess a firearm and explosive, as well as permit to carry
firearm outside residence.
2. Supervise and control the licensing, training and duties of security guards and
security agencies.
3. Perform other task maybe provided for by law.

Police Operations

1. Prevention of crime.
2. Repression of criminality.
3. Apprehension of Criminals.
4. Recovery of stolen property or protection of life and property.
5. Regulation of non-criminal conduct.
6. Perform other miscellaneous services.

ROLE OF THE POLICE IN THE SYSTEM

1. To arrest the suspect

a. By virtue of a warrant of arrest issued by a judge on the basis of evidence
submitted by them.
b. Under circumstances justifying a warrantless arrest (Sec. 5, Rule 113,
Rules of Court).
2. To conduct investigation - The police may conduct surveillance, interview
persons with knowledge of facts directly or indirectly connected with the offense,
take photographs (surreptitiously or otherwise), arrange to constitutional and
statutory safeguards, examine public and other available records pertaining to
the persons involved and get copies of pertinent entries.
3. To gather and preserve evidence
4. To transmit the records of the case to the court/prosecutor
5. To appear and testify in court

Theories of Police Service

1. Home Rule - Policemen are considered as servants of the community.

2. Continental - Policemen are considered as servants of higher authority.

Concept of Police Service

1. Old Concept
The yardstick of police efficiency is the number of arrest. Police is a
repressive machinery in crime prevention.
 2. Modern Concept
The yardstick of police efficiency is the absence of crime crime/lesser
number of crimes committed.

Police Community Relation

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It is the sum total of dealing of the police with the people it serves and
whose goodwill and cooperation it craves to ensure the greatest efficiency
in the police service.

Coverage of Police Community Relation

A. Public Information Program

This evolves upon the concept of keeping members of society informed so that
they will appreciate and understand the complexity of police work and the services
rendered by our men.

B. Public Relation Program

Focused on building a good image for the police organization through actual
performance without inefficiency and corruption.

C. Civic Action Program

This impart to the people that police are their friends and the partners as well as
their defenders.

D. Mass Communication Program

It is designed to influence the opinions, attitudes, behaviors and emotions of the

public in a manner that they will behave in accordance with the law.

POLICE DISCRETION

It is the wise use of one’s judgment, personal experience and common

sense to decide a particular situation.
Abuse of discretion resulting to injury to persons or damage to property is
punishable. So the police must be guided by some basic concepts such
as COMMON SENSE, PERSONAL EXPERIENCE, and SOUND
JUDGMENT.

PROBLEMS ARISING FROM UNREGULATED DISCRETION

1. It lacks uniformity for implementation

2. It may be discriminatory
3. It foster police corruption in victimless crimes
4. It converts the law into a personal instrument of social control through the so-
called "sidewalk justice."
 UNIT III

PROSECUTION

Specific Objectives: At the end of the unit, the students should be able to:
1. trace the evolution of prosecution; Page | 10
2. compare and contrast local and international prosecution;
3. explain the role of the prosecutor;
4. state why the prosecutors are obliged in conducting preliminary investigation;
5. describe the simple process of conducting preliminary investigation and inquest;
6. analyze the duty of the investigating fiscal; and
7. describe the steps of prosecuting a criminal.

HISTORY OF PROSECUTION

The origin of the office of the prosecutor is found hundred of years ago in the
jurisprudential development and the common law of England. In the middle ages, the
King has attorneys, sergeants, and solicitors to perform some of the functions of the
modern prosecutor. Before the thirteenth century, the king appointed special attorneys to
prosecute criminal cases. The general term attornatus was used in England official
documents in the Middle Ages to mean anyone who appeared for another as a pleader,
attorney, or essoiner.

The earliest laws of England defined crimes as being committed against a

particular individual, not against the state. The original prosecutor was a victim or an
individual representing a victim who stepped forward personally to initiate the
prosecution of the alleged offender. The fact that the injured or aggrieved were their own
advocates quite often caused the prosecution to be carried out in a zealous quest for
vengeance.

Originally all crimes were torts; thus in early common law, any injury, whether to
person or property, was a tort. (A tort today is an injury to an individual that is not an
offense against the state). The historical custom of victims-prosecutors led to so much
feuding that eventually the English King took over the obligation of punishing each
offender, the original declaration or concept being known as the king’s peace. From this
time on, any conduct that resulted in an injury to person or property was considered an
offense against the king’s peace. Later, the injury was considered an offense against the
state.

During the reign of Edward IV (1461-1483), William Husse was appointed

attorney general of England.

Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its
stead provided a system of “sergeants”, who were required to act as police prosecutors
and to enforce penal statutes. These sergeants were later to become well trained in the
law.
 PROSECUTION DEFINED

Prosecution is the process or method whereby accusations are brought before

the court of justice to determine the guilt or innocence of the accused.
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Serving as the lawyer of the State/government in criminal cases, the prosecutor
is automatically considered an officer of the court; at the same time, he is formally a
member of the Department of Justice, under the Executive branch of the Government,
and thus independent from the judiciary.

The prosecution service is made up of Provincial and City Public Prosecutors

under the National Prosecution Service (NPS). They perform to types of prosecutorial
powers; investigatory and prosecutory such as:

They evaluate the police findings referred to them, or other complaints filed
directly with them by individual persons (e.g. government officers in charge of
enforcement of law violated);
They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the
proper courts on the basis of their evaluation of the proofs at hand; and
They prosecute the alleged offenders in court, in the name of the People of the
Philippines.

Prosecute

To commence and carry on a criminal action or lawsuit in the name of the People
of the Philippines.
To bring suit against for redress of wrong or punishment of crime.
To seek to enforce or obtain, as a claim or right, by legal process.
To begin and carry on a legal proceeding.

THE PROSECUTOR AND THE POLICE

1. Prosecutorial discretion typically enters the picture immediately after the

arrest, when the police investigative reports are forwarded to the prosecutor for
review.
2. The prosecutor screens and evaluates the document in order to decide
whether to accept or reject the case for prosecution.
3. The action of the prosecution is dependent upon the police initiatory action,
whereby the criminal justice system relies on the:
a) certainty of the arrest by the police
b) certainty of conviction by an effective prosecution
c) certainty of appropriate sentencing by the court

Who is a Prosecutor?

A prosecutor is a person responsible in evaluating evidences presented before

him.
What are the roles of a Prosecutor?

They serve as the lawyer of the state or the government in any criminal case.
Automatically considered as the officer of the court.
He is a member of the Department of Justice under the executive branch of the
government.
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What is Criminal Action?

A criminal action is one by which the state prosecutes a person for an act or
omission punishable by law.

A criminal action is commenced by the filing of a complaint with the City or

Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial
Court. However, criminal action for an offense committed within Metro Manila, may be
commenced only by the filing of a complaint with the Prosecutor’s Office.

What is a Complaint?

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

subscribed by the offended party or any peace officer or any employee of the
government charge with the enforcement of the law being violated.

Who is an offended party?

The offended party is the person against whom or against whose property the
crime was committed.

What is Information?

Information is an accusation in writing charging a person with an offense

subscribed by the prosecutor, and filed with the court.

Distinctions between Complaint and Information

1. Complaint is subscribed by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violated; while Information is
subscribed by the prosecutor;
2. A Complaint is under oath; while an Information need not to be under oath;
3. A Complaint is filed with the court either for preliminary investigation or for trial;
while Information is filed with the court for trial.

What is Inquest or Inquest proceedings?

Inquest is an informal and summary investigation conducted by a public

prosecutor in criminal cases involving persons arrested and detained without the benefit
of a warrant of arrest issued by the court for the purpose of determining whether or not
said persons should remain under custody and correspondingly be charged in court.
Initial Duty of Inquest Officer:

The Inquest Officer shall first determine if the arrest of the detained person was
made in accordance with paragraphs a and b of Section 5, Rule 113 of the Rules on
Criminal Procedure, as amended, which provide that arrests without a warrant may be
effected.
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For this purpose, the Inquest officer may summarily examine the arresting officer
on the circumstances surrounding the arrest or apprehension of the detained person.

Where arrest not properly effected:

a. recommend the release of the person arrested or detained;

b. note down the disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forward the same, together with the record of the case, to the City or Provincial
Prosecutor for appropriate action.
 UNIT IV

THE COURT PILLAR

Specific Objectives: At the end of the unit, the students should be able to:
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1. differentiate the court from the judge;
2. define judicial scope and its power;
3. illustrate the organizational structure of the court in the Philippines; and
4. elucidate the roles of court in the administration of justice.

Evolution of Court

“All trials of criminal and civil cases in pre-Spanish Philippines were in public. The
litigants in the case pleaded their own case. There were no lawyers, court clerks or
stenographers. The litigants presented their witnesses. Before testifying, these
witnesses took and oath to tell the truth. The oath was in various forms, such as “May
the crocodile eat me!” “May I die if I tell a lie” “May no woman love me” or “May the moon
frown upon me!” To the forefathers, their oath was sacred. Perjury was rare in the early
trials. The barangay court decided the case in favor of the litigants who presented more
proofs than the other.

Trial by Ordeal

“In criminal cases, when there was doubt as to who of the accused persons was
really guilty of the crime, trial by ordeal was resorted to. It was believed that the gods
protect the innocent and punished the guilty. Through the ordeal the gods revealed
divine truth to the people. Thus, an accused person who was innocent was believed to
be always successful in the ordeal because the gods would make him win.

Meaning of Court

A court is a body to which the public administration of justice is delegated, being

a tribunal officially assembled under authority of law at the appropriate time and place for
the administration of justice through which the State enforces its sovereign rights and
powers.
It is an entity or body in which a portion of judicial power is vested.

The Roles of the Court in the System

1. To settle actual controversies involving rights which are legally demandable and
enforceable.
2. To determine whether there has been grave abuse of discretion amounting to
lack of excess of jurisdiction on the part of any branch or instrumentality of the
government.
3. To render authoritative judgments.
4. The final arbiter for justice.
5. The frontline of Democracy, freedom and human dignity.
6. The only institution capable of identifying and maintaining the proper balance
between the conflicting rights of the individual and those of the state and society.
7. It is to the court that everyone turns to for justice.
 8. It is twisted as a shield of innocence in the impartial guardian of every private civil
rights.
9. It is in the court that our citizens primarily feel the keen cutting edge of the law.
10. The only constitution capable of identifying and maintaining the proper balance
between the conflicting rights of the state and society.
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In the criminal justice system the court is looked upon as:

1. the final arbiter for justice;

2. the front line defender of democracy, freedom and human dignity;
3. the only institution capable of identifying and maintaining the proper balance
between the conflicting rights of the individual and those of the state and society;
and
4. it is to the courts that everyone turn to for justice.

Three Important Functions of Courts

1. Resolve disputes that while offer routine are crucial to those involved
2. Provide protection from illegal actions by government and individuals
3. Occasionally resolve disputes of great political and social significance

Meaning of Judge

A judge is public officer so named in his commission (written evidence of

appointment and appointed to preside over and to administer the law in a court of
justice.

Court and Judge Distinguished

A court is an incorporeal entity composed of one or more judges. It is a

personality separate and distinct from the men who compose it. A judge alone does not
necessarily constitute a court, for while he is an indispensable part he is only a part of
the court. It is elementary however, that a court cannot exist without a judge.

Judicial Power

Art. VIII Sec. 1 Philippine Constitution

“Judicial power shall be vested in the Supreme Court and in such inferior courts
as may be established by law.

“Judicial power includes the duty of the courts to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.”

Lower courts as here used are not to be understood in the sense of insignificant
but as referring to all other courts below the Supreme Court.
Different Lower Courts includes the following:

1. Court of Appeals
2. Regional Trial Court
3. Metropolitan Trial Court
4. Municipal Trial Courts
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5. Municipal Circuit Trial Courts
6. Court of Tax Appeals
7. Sandiganbayan

Jurisdiction Defined

The authority by which courts take cognizance of and decide cases, the legal
right by which judges exercise their authority.
Inherent power of a court to hear, try and decide a case.

Jurisdiction of Courts

1. General
When it is empowered to decide all disputes which may come before it,
except those designated to other courts. (Ex. Jurisdiction of RTC);

2. Limited
When it has authority to hear and determine only a few specified cases.
(Ex. Jurisdiction of the Court of Tax Appeals);

3. Original
When it can try and decide a case presented for the first time;

4. Appellate
When it can take a case already heard and decided by a lower court
removed from it by appeal;

5. Exclusive
When it can try and decide a case which cannot be presented before any
court;

6. Concurrent
When any one of two or more courts may take cognizance of a case;

7. Criminal
That which exists for the punishment of crime; and

8. Civil
That which exists when the subject matter is not of a criminal case.
 Organization of Courts

A. Regular Courts

The Philippine Judicial System consists of a hierarchy of courts resembling a

pyramid with the Supreme Court at the apex. Under the Judiciary Reorganization Act of
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1980, otherwise known as the Batas Pambansa Blg. 129, the other regular courts are:

1. Intermediate Appellate Court (Now Court of Appeals)

This operates in ten divisions, each comprising of five (5) members. The
court sits en banc only to exercise administrative, ceremonial, or other
non-adjudicatory functions.

2. Regional Trial Courts.

One which is presided by 720 Regional Trial Court Judges in each of the
thirteen (13) regions of the country.

3. Metropolitan Trial Courts

In each metropolitan area, established by law are a Municipal Trial Court
in every city not forming a part of the Metropolitan area and each of the
municipalities not comprised within a metropolitan area; as well as a
Municipal Trial Court in each area defined as a municipal circuit
comprising of one or more cities and/or one or more municipalities
grouped together according to law.

B. Special Courts
Aside from the above-mentioned courts, there are also under present laws some
special courts. These are the following:

1. Court of Tax Appeals

Created under Republic Act No. 1125, as amended, this special court
has exclusive appellate jurisdiction to review on appeal the decisions of
the Bureau of Internal Revenue involving internal revenue taxes and
decisions of the Commissioner of Customs involving customs duties.

2. Sandiganbayan
The Sandiganbayan is retained by the new Constitution under the
following provision in Article XI, Sec. 4:

“Sec. 4. The present anti-graft court known as the Sandiganbayan shall

continue to function and exercise its jurisdiction as now or hereafter may be
provided by law.”

The basic rule was embodied in Art. XIII, Sec. 5 of the 1973 Constitution,
which called for the creation by the Batasang Pambansa of a special court to be
known as the Sandiganbayan. The term is a tagalog word meaning, “support of
the nation.”

The 1973 Constitution provided that the Sandiganbayan “shall have

jurisdiction over civil and criminal cases involving graft and corrupt practices and
such other offenses committed by public officers and employees, including
 those government-owned or controlled corporations, in relation to their office as
may be determined by law.”

Under P.D. 1606, as amended, the Sandiganbayan consists of a

presiding justice and eight associate justices and has the same rank as the
Court of Appeals. It sits in division of three justices each, who shall be
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necessary to constitute a quorum and whose unanimous vote shall be required
for the pronouncement of the judgment. Its decision may be brought on certiorari
to the Supreme Court.

C. Administrative Agencies

An Administrative Agency may be described as a body endowed with quasi-

legislative and quasi-judicial powers for the purpose of enabling it to carry out laws
entrusted to it for enforcement or execution.

Administrative Agencies includes:

1. National Labor Relations Commission
2. Commission on elections
3. Bureau of Internal Revenue
4. Bureau of Customs
5. Board of Transportation
6. Commission on Audit
7. Energy Regulatory Board
8. Civil Service Commission

Quasi-Judicial Power

The power of the administrative agency to determine questions of fact to which

the legislative policy is to apply, in accordance with the standards laid down by the law
itself.
 UNIT V

CORRECTIONAL INSTITUTIONS AND THE COMMUNITY

Specific Objectives: At the end of the unit, the students should be able to:
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1. characterize jail and give its importance and purpose;
2. explain the Philippine prison system and its goals and objectives;
3. appraise the rehabilitation and treatment program inside the prison;
4. depict the community based treatment programs.
5. exemplify the role of correction in the Criminal Justice System.

Correction, Defined

Correction is a branch of the Criminal Justice System concerned with the

custody, supervision and rehabilitation of criminal offenders.

Correction as Process

Correction as a process is the reorientation of the criminal offender to prevent

him or her from repeating his delinquent actions without the necessity of taking punitive
action but rather introduction of individual measures of reformation.

Correction as one of the pillars of the Criminal Justice System is considered as

the weakest pillar. This is because of its failure to deter individuals in committing crimes
as well as the reformation of inmates. This is evident in the increasing number of
inmates in jails or prisons.

Basic Approach Institutions

The primary concern of penology is what to do with the prisoner. An old approach
to this fundamental call for his elimination, or at least his banishment and isolation from
society. But the era of purely vindictive societal reaction has given way to the humane
treatment of criminal offenders resulting in the present day policy of rehabilitation and
reformation.

In this connection, there are three main schools of thought or approaches with
regard to the treatment of criminals. These schools are better known as the 1) Classical,
2) Neo-Classical, and 3) Positive or Italian.

Definition of Terms

Penology, defined

It is the study of punishment for crime or of criminal offender. It includes the study
of control and prevention of crime through punishment of criminal offenders.

It is actually the division of criminology that deals with prison management and
the treatment of offenders, and concerned itself with the philosophy and practice of
society in its effort to repress criminal activities.
Jails, defined

Jails are primarily adult penal institutions used for the detention of law violators.
Its original function was to house pre-trial detainees or to serve as a place for the
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detention of accused persons charged with having committed crimes. The detention was
either for the accused person’s safety and security, or to secure him for expeditious legal
proceedings by the court. Later it came into use for the service of short-term sentences.
Today it continues its dual role as a place of detention for those awaiting final disposition
of criminal cases action and for the service of short sentences of not more than six
months, for those categorized as city or municipal prisoners, and not more than 3 years
or with a fine of not more than 1 thousand pesos, for those categorized as provincial
prisoners.

A jail is a place for locking-up of persons who are convicted of minor offenses or
felonies who are to serve a short sentences imposed upon them by a competent court,
or for confinement of persons who are awaiting trial or investigation of their cases.

Prison, defined

A penitentiary, an institution for the imprisonment of persons convicted of major

or serious crimes.

A building usually with cells or other places established for the purpose of taking
safe custody or confinement of criminals.

Prisoner, defined

A person who is under the custody of lawful authority. A person, who by reason
of his criminal sentence or by a decision issued by a court, may be deprived of his liberty
or freedom.

Importance of Jails

No layman would or may be able to appreciate the importance of jails, unless

and until he has once stayed there for violation of any law or local ordinance. Jails are
intended for the purpose of letting one pay for the crime he committed, or to serve as
form of punishment of sorts, but to enable a wrongdoer to be reformed and rehabilitated
so that after his release he will become a law abiding and useful citizen of the
community.

Jails will serve as a deterrent as well to a would-be non-conformist to the rules of

society. The first experience of an offender is impressive and lasting. The treatment that
he receives from the jail guards or maybe from his co-inmates may spell his early
rehabilitation or may make him a hardened criminal.
 General Classification of Prisoners

1. Detention Prisoner
Those detained for investigation, preliminary investigation or awaiting trial.

2. Sentenced Prisoner
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Offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.

3. Prisoners who are on safekeeping

Includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior.

Classification of Sentenced Prisoners

1. Insular or National Prisoners

Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment. Those sentenced to suffer a term of imprisonment cited above
but appealed the judgment and unable to file a bond for their temporary liberty.

2. Provincial Prisoners
Those persons sentenced to suffer a term of imprisonment from 6 months and 1
day to 3 years or a fine not more than 1,000 pesos, or both; or those detained
therein waiting for preliminary of their cases cognizable by the RTC.

3. City Prisoners
Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a
fine of not more than 1,000 pesos or both. Those detained therein whose cases
are filed with the MTC. Those detained therein whose cases are cognizable by
the RTC and under Preliminary Investigation.

4. Municipal Prisoners
Those confined in Municipal Jails to serve an imprisonment from 1 day to 6
months. Those detained therein whose trials of their cases are pending with the
MTC.

The Three Aims of Correctional Reforms

“For the first time in the concept of Philippine Criminal Justice System, the
following are the three aims of correctional reforms, to wit”:

1. To provide judges with more options to deal with offenders through the use of
probation, day fines, commitment to community treatment centers, pre-trial
release, and other measures short of imprisonment.

2. Improving condition in prisons and jails, including decongestion, improved

housing, more effective medical, educational, vocational training, and
rehabilitation program services.
 3. Establishing an integrated correctional system that will insure the development of
a unified philosophy of treatment, implementation of uniform standards and
policies, effective programs planning and development, and efficient delivery of
services to offenders while at the same time protecting the interest and welfare of
society.
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REHABILITATION AND TREATMENT PROGRAMS

Rehabilitation programs of prisoners can be carried out through the process of

classification and custody and control of prisoners. Classification is more than placing
prisoners in to types of categories, while custody and control of prisoners are important
phases of prison management. Treatment services, on the other hand, are geared
toward improving an offender’s attitudes and his philosophy of life.

In the modern concept of penology, a correctional institution in order to be an

effective machinery in the prevention and control of crime should see to it that its
program is geared to protect society and at the same time to rehabilitate the offender.
Although this may entail a long range program of rehabilitation, it is important
nonetheless because its success will mean sending the offender back to the community
as useful and law-abiding citizen for the rest of his life.

Process of Classification

Classification is method by which diagnosis, treatment, planning and execution

programs are coordinated in the individual cases. Its objectives are the development of
an integrated and realistic program for the prisoner, arrived at through the coordination
of the diagnosis, planning and treatment activities; and an informed continuity of these
activities from the time of the arrival to the release of the prisoner.

For this purpose, the following are the three phases of the classification
process, namely:

1. Diagnosis
2. Treatment planning
3. Execution of treatment program

The first take place at the reception center, which is a special unit separate from
the prison, or in the classification clinic of the prison. The third takes place is the operating
institution or prison.

It is necessary that prisoners should undergo a diagnostic examination, study

and observation for the purpose of determining the program of treatment and training best
suited to their needs and institution to which they should be transferred. These process
take place in the Reception and Diagnostic Center.

The Reception and diagnostic center makes possible the careful study of
offenders by a professional staff, the segregation of prisoners o scientific methods, the
treatment of inmates based upon a careful study of the individual inmate at the time of
commitment, the improvement of institutional programs or a close study of the inmates’
characteristics and needs made at the center, and the development of delinquency or
crime.
 The Reception Center is specialized diagnostic institution designed to service a
big correctional system. It is not a treatment center. In order that the center can
accomplish the purpose for which it is intended, the following basic elements must exist in
the correctional system:

1. There must be a sufficient number and variety of institutions or treatments or

Page | 23
treatment facilities available to permit placement of each individual in accordance
with his treatment and training needs:
2. There must be and integration of plan and program including the reception
center, treatment facilities in the prison and parole placement and supervision;
3. The public must be educated to accept the basic concept of treatment as
opposed to mere punishment;
4. There must be a sound philosophy of treatment and training throughout the entire
correctional system;
5. There must be good facilities and personnel.

Custody and control of prisoners

One of the important phases of prison management. The rehabilitation program

in prison cannot be carried out if prisoners are not effectively controlled.

Programs and Services Provided by Prison Authorities Includes the Following:

1. Employment of Prisoners

2. Religious Services
Most penal administrators hold the view that the chaplain is the most important
person in the rehabilitation set-up of correctional institution. It is the chaplain
who points out to the prisoners their relationship with God and their fellowmen.

3. Educational program

4. Recreational Program
Recreational programs of any form will do away with the monotony of prison life.

5. Library Services
Prisoners may be deprived of the liberty of a free man, but not the food of their
minds. For somehow, reading materials of good kind may reform a prisoner’s
character thereby helping him to rehabilitate himself.

6. Health and Medical Services

7. Counseling
Relationship in which one endeavors to help another understand and solve his
problems of adjustment.
 EXECUTIVE CLEMENCIES

Pardon
A form of executive clemency which is exercised by the chief executive. It is an
act of grace and the recipient of pardon is not entitled to it as a matter of right.
Page | 24
Kinds of Pardon

1. Absolute Pardon- One which is given without any conditions attached to it. The
purpose of this kind of pardon are:

a. To do away with the miscarriage of justice.

b. To keep abreast with the current philosophy, concept or practice of criminal
justice administration.
c. To restore full political and civil rights of persons.

2. Conditional Pardon- Conditional Pardon is in the form of a contract; it must first

be accepted by the pardonee before it takes effect. The pardonee is under
obligation to comply strictly with the conditions imposed therein; otherwise his
non-compliance will result to the revocation of the pardon.

Limitations of the Pardoning Power

1. Pardon cannot be extended in case of impeachment.

2. No pardon, parole or suspension of sentence for the violation of any election
law, may be granted without favorable recommendation of the commission of
elections.
3. Pardon is exercised only after conviction by final judgment.

Amnesty
A general pardon extended to groups of persons and is generally exercised by
the chief executive with the concurrence of congress.

Commutation
An act of clemency by which an executive act changes a heavier sentence to a
less serious one or a longer term to a shorter term.

Purposes of Commutation

1. To break the rigidity of the law.

2. To extend parole in cases where the parole law does not apply
3. To save the life of a person sentenced to death.

Reprieve
A temporary stay of the execution of sentence.
 COMMUNITY

The prevention and control of crime is not only the sole duty and responsibility of the
government, particularly the first four components of the criminal justice system. It is as
well the duty and responsibility of the society and every member of the community.
Page | 25
The category of the prevention and control of crime activities includes those that
appear to have the greatest potential for reducing crime and improving the quality of life.

This includes the following institutions:

1. The Home
The home has well been called the cradle of human personality, for in it the child
forms fundamental attitudes and habits that endure throughout his life.

a. Parental Discipline

It is commonly thought of as a means of development and

maintenance of good behavior and conduct in accordance with the
norms of society. its main objective is to inculcate good habits,
attitudes and values that will make a child a law abiding and useful
member of the community. Discipline at home however is not the
responsibility of the parent alone. But rather the concern of the
member of the family.

b. The Ultimate Objective of Parental Discipline

The ultimate objective of parental discipline is to develop the child’s

self-respect, self-control, self-reliance, self-discipline and not merely
the ability and desire to conform to the accepted norms and standards
for individual and community life in normal society. Parental discipline
includes but is not limited to the inculcation of constructing habits,
attitudes and values that will make every child a law-abiding and
useful member of the society.

2. The School

The school is in a strategic position to prevent crime and delinquency. This is so

because the school exercises authority over every child who is of school age.

It has an excellent opportunity to influence his attitudes and behavior.

3. The Church

It is the church of any denomination which points out to the faithful their
relationship to God and their fellowmen, and who by work and example, leads
them to live a moral life.
4. The Mass Media

Considered the best instruments for information dissemination and the best
source of knowledge for the public. It is through the mass media and radio
broadcast where public opinions are formed, and that is where their influences
lies.
Page | 26
The community has a two-fold role:

1. It has the responsibility to participate in law enforcement activities by being

partners of the peace officers in reporting the crime incident, and helping in
the arrest of offenders; and

2. It has the responsibility to participate in the promotion of peace and order

through crime prevention or deterrence and in the rehabilitation on convicts
and their reintegration to society.
 UNIT VI

THE KATARUNGANG PAMBARANGAY

Specific Objectives: At the end of the unit, the students should be able to:
Page | 27
1. understand the system of Barangay Justice;
2. to appreciate the role of ADR in the declogging of court dockets;
3. know the methods of ADR;
4. identify the benefits of ADR;

A. WHAT IS THE CONCEPT OF THE KATARUNGANG PAMBARANGAY (KP)?

Conceptually, Katarungang Pambarangay (KP) is justice administered in the

barangay level. It is a system of amicably settling disputes among families in barangay
levels without judicial recourse.

B. OBJECTIVES OF KP:

1. to promote speedy administration of justice;

2. to perpetuate the time-honored tradition of settling disputes amicably for the
maintenance of peace and order;
3. to implement the Constitutional mandate, preserve and develop Filipino culture;
and
4. to relieve the courts of docket congestion and thereby enhance the quality of
justice dispensation.

C. SALIENT FEATURES OF THE KP:

1. It makes barangay settlement a PRE-REQUISITE to the bringing of suit to the

regular courts of justice. This will ensure that all disputes, with certain
exceptions, must go through the conciliation process. Hence, only those that are
truly irreconcilable will be kept for formal resolution; and

2. Parties may not be represented by counsel or any one else. This is designed to
make the proceeding simple and inexpensive as to be available to all, and also
facilitates amicable settlement.

Sec. 412, RA 7160 - “No complaint, petition, action, or proceeding

involving any matter within the authority of the Lupon shall be filed for
adjudication, unless there has been confrontation between parties before
the Lupon Chairman or the Pangkat and that no conciliation or settlement
has been reached as certified by the Lupon or Pangkat Chairman unless the
settlement has been repudiated by the parties thereto.”

D. REPUBLIC ACT NO. 7160 - The Local Government Code of 1991.

E. SIGNIFICANT CONTENTS OF RA 7160 REGARDING KATARUNGANG
PAMBARANGAY

Chapter VII, Sections 399-422 of RA 7160 superseded the Law on

Katarungang Pambarangay, the P.D. No. 1508.
Page | 28
F. LUPONG TAGAPAMAYAPA (LT)

1. Composition and constitution of the LT (Sec. 399):

a) Created in each barangay referred to as the LUPON, composed of:
1. punong barangay - chairman; and
2. ten to twenty members

“The lupon shall be constituted every three (3) years in the manner
provided herein (RA 7160).”

b) Who may be appointed member of the Lupon:

 any person actually residing or working in the barangay,
 not otherwise expressly disqualified by law,
 possessing integrity, impartiality, independence of mind sense of fairness,
and reputation for probity.

c) A notice to constitute the lupon, which shall include the names of proposed
members who have expressed their willingness to serve, shall be prepared
by the punong barangay within the first 15 days from the start of his term of
office. Such notice shall be posted in three conspicuous places in the
barangay continuously for a period of not less than three (3) weeks.

d) The punong barangay, taking into consideration any opposition to the

proposed appointment or any recommendations for appointments as may
have been made within the period of posting, shall within ten (10) days
thereafter, appoint as members those whom he determines to be suitable
therefor. Appointments shall be in writing, signed by the punong barangay,
and attested to by the barangay secretary.

e) The list of appointed members shall be posted in three (3) conspicuous

places in the barangay for the entire duration of their term of office.

f) In barangays where majority of the inhabitants are members of indigenous

cultural communities, local systems of settling disputes through their councils
of datus or elders, shall be recognized without prejudice to the applicable
provisions of this Code.

2. Oath and Term of Office (Sec. 400)

Upon appointment, each lupon member shall take an oath of office before
the punong barangay. He shall hold office until a new lupon is constituted on the
third year following his appointment unless sooner terminated by resignation,
transfer of residence or place of work, or withdrawal of appointment by the
punong barangay with the concurrence of the majority of all the members of the
lupon.
3. Vacancies (Sec. 401)

Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the
unexpired portion of the term.
Page | 29
4. Functions of the Lupon (Sec. 402)

The lupon shall:

a) exercise administrative supervision over the conciliation panels provided

herein;
b) meet regularly once a month to provide a forum for matters relevant to the
amicable settlement of disputes, and to enable various conciliation panel
members to share with one another their observations and experiences in
effecting speedy resolution of disputes; and
c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

5. Secretary of the Lupon (sec. 403) - The barangay secretary shall concurrently
serve as the secretary of the lupon who shall:

a. record the results of mediation proceedings before the punong barangay;

b. submit a report thereon to the proper city or municipal courts; and
c. also receive and keep the records of proceedings submitted to him.

6. Pangkat ng Tagapagkasundo (Sec. 404)

a) There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the Pangkat Tagapagkasundo, hereinafter
referred to as the Pangkat, consisting of three (3) members who shall be
chosen by the parties to the dispute from the list of members of the lupon.
Should the parties fail to agree on the Pangkat membership, the same shall
be determined by lots drawn by the lupon chairman.

b) The three members constituting the Pangkat shall elect from among
themselves the chairman and the secretary.

The secretary shall:

1. prepare the minutes of the Pangkat proceedings and submit a copy of the
same duly attested by the chairman to the lupon secretary, and to the proper
city or municipal court;

2. issue and cause to be served notices to the parties concerned.

7. Vacancies in the Pangkat (Sec. 405)

Any vacancy in the Pangkat shall be chosen by the parties to the

dispute from among the other lupon members. Should the parties fail
 to agree on a common choice, the vacancy shall be filled by lot to be
drawn by the lupon chairman.

8. Character of Office and Service of Lupon Members (Sec. 406)

a) Shall be deemed as person in authority while they are in the performance of

Page | 30
their official duties or on the occasion thereof; and

b) They shall serve without compensation.

9. Legal Advise on Matters Involving Questions of Law (Sec. 407)

The provincial, city legal officer or prosecutor or the municipal

legal officer shall render legal advice on matters involving questions of
law to the punong barangay or any lupon or Pangkat member whenever
necessary in the exercise of his functions in the administration of the
Katarungang Pambarangay.

G. OFFENSES PUNISHABLE BY RPC COGNIZABLE BY THE LUPON

1. Alarms and Scandals (Art. 155);

2. Use of False Certificates (Art. 175);
3. Concealing One’s True Name and Other Personal Circumstances (Art. 178,
part 2);
4. Physical Injuries Committed in Tumultuous Affray (Art. 252);
5. Slight Physical Injuries and Maltreatment (Art. 266);
6. Other Forms of Trespass (Art. 281);
7. Other Light Threats (Art. 285);
8. Other Light Coercion or Unjust Vexations (Art. 287);
9. Some Forms of Thefts (Art. 308, par. 3, & Art. 309, par. 8)
10. Altering Boundaries or Landmarks (Art. 313);
11. Other Deceits (Art. 318);
12. Arson of Property of Small Value (Art. 323);
13. Social Cases of Malicious Mischief (Art. 328);
14. Other Mischief (Art. 329);
15. Slight Slander (Art. 358);
16. Slander by Deed Not of a Serious Nature (Art. 359);
17. Intriguing Against Honor (Art. 364);
18. Theft, Swindling or Malicious Mischief Committed or Caused by Certain
Relatives, Where There is No Criminal but Only Civil Liability.

 All these offenses are punishable by imprisonment not exceeding 30

days and/or fine not exceeding P200.00.

 Under the New Local Government Code, all offenses punishable by

at least one (1) year imprisonment and P5,000.00 fine is now within the
Jurisdiction of the Lupon. Also cognizable by the barangay lupon
(courts) are violators of municipal ordinances which are similarly
punishable as the above mentioned offenses under the penal code.
H. OTHER CASES COGNIZABLE BY THE LUPON AND EXCEPTIONS (Sec. 408)

The Lupon of each barangay shall have authority to bring together the parties actually
residing in the same municipality or city for amicable settlement of all disputes, except:

1. Where one party is the government of any subdivision or instrumentality thereof;

Page | 31
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding
Five Thousand Pesos (P500.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
6. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each their differences to
amicable settlement by an appropriate lupon;
7. Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice;
8. Any complaint by or against corporations, partnerships, or judicial entities;
9. Dispute where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:

a. a criminal case where the accused is under police custody or detention,

b. a petition for habeas corpus by a person illegally detained or deprived of
his liberty or one acting in his behalf,
c. actions coupled with provisional remedies, such as preliminary injunction,
attachment, replevin and support pendente lite; and
d. where the action may be barred by the statute of limitations;

10. Labor disputes or controversies arising from employer-employee relationship

(Montoya vs. Escaño, et. al, 17 SCRA 442: Art. 228, Labor code as amended);
11. Where the dispute arises out from the Comprehensive Agrarian Reform Law
(Secs. 46 & 47, RA 6657);
12. Actions to annul judgment upon a compromise which can be filed directly in court
(Sanchez vs. Tupas, 158 SCRA 459).

“The court in which non-criminal cases not falling within the authority
of the lupon under this Code are filed may, at any time before the trial,
motu propio refer the case to the lupon concerned for amicable
settlement.”

I. VENUE (Sec. 409)

a) Disputes between persons actually residing in the same barangay shall be

brought before the lupon of the said barangay;

b) Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant;
 c) All disputes involving real property or any interest therein shall be brought in the
barangay where the real property or the larger portion thereof is situated; and

d) Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study shall be brought in the
barangay where such workplace or institution is located.
Page | 32
“Objections to venue shall be raised in the mediation proceedings
before the punong barangay; otherwise, the same shall be deemed waived.
any legal question which may confront the punong barangay in resolving
objections to venue herein referred to may be submitted to the secretary of
Justice or his duly designated representative whose ruling thereon shall be
binding.

J. PROCEDURE FOR AMICABLE SETTLEMENT (Sec. 410)

a) Upon payment of the appropriate filing fee, any individual who has a cause of
action against another individual involving any matter within the authority of the
lupon may complain, orally or in writing, to the lupon chairman of the barangay.

b) Upon receipt of the complaint, the lupon chairman shall within the next working
day, summon the respondent(s), with notice to the complainant(s) for them and
their witnesses to appear before him for mediation of their conflicting interests. If
he fails in his mediation effort within 15 days from the first meeting of the parties
before him, he shall forthwith set a date for the constitution of the Pangkat in
accordance with the provisions of this chapter.

c) While the dispute is under mediation, conciliation, or arbitration, the prescriptive

periods for offenses and cause of action under existing laws shall be interrupted
upon filing of the complaint with the punong barangay. The prescriptive period
shall resume upon receipt by the complainant of the complaint or the certificate of
repudiation or of the certification to file action by the lupon or Pangkat secretary
provided that such interruption shall not exceed 60 days from the filing of the
complaint with the punong barangay.

d) The Pangkat shall convene not later than 3 days from its constitution, on the day
and hour set by the lupon chairman, to hear both parties and their witnesses,
simplify issues, and explore possibilities of amicable settlement.

e) The Pangkat shall arrive at a settlement or resolution of the dispute within 15

days from the day it convenes. This period shall, at the discretion of the
Pangkat, be extendible for another period which shall not exceed 15 days, except
in clearly meritorious cases.

K. FORM OF SETTLEMENT (Sec. 411)

All amicable settlement shall be in writing, in a language or dialect known

to the parties, signed by them, and attested to by the lupon chairman or the
Pangkat chairman, as the case may be.
L. CONCILIATION (Sec. 412)

a) No complaint, petition, action or proceeding involving any matter within the

authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation
Page | 33
between the parties before the lupon chairman or the Pangkat, and that no
conciliation or settlement has been reached as certified by the lupon secretary or
Pangkat secretary as attested to by the lupon chairman or Pangkat chairman or
unless the settlement has been repudiated by the parties thereto.

b) The parties may go directly to court in the following instances:

1. where the accused is under detention;

2. where a person has otherwise been deprived of personal liberty calling for
habeas corpus;
3. where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendente
lite; and
4. where the action may otherwise be barred by the statute limitations.

c) The customs and traditions of indigenous cultural communities shall be applied in

settling disputes between members.

M. ARBITRATION (Sec. 41)

a) The parties may, at any stage of the proceedings, agree in writing that they shall
abide by the arbitration award of the lupon chairman or the Pangkat. such
agreement to arbitrate may be repudiated within 5 days from the date thereof for
the same grounds and in accordance with the procedure hereinafter prescribed.
The arbitration award shall be made after the lapse of the period for repudiation
and within 10 days thereafter.

b) The arbitration award shall be in writing in a language or dialect known to the

parties.

N. PROCEEDINGS OPEN TO THE PUBLIC (Sec. 414)

Except when a party request that the public be excluded from the
proceedings in the interest of privacy, decency, or public morals.

O. APPEARANCE OF PARTIES IN PERSON (Sec. 415)

In all proceedings, the parties must appear in person without the
assistance of counsel or representative, except for minors and incompetents
who may be assisted by their next-of-kin who are not lawyers.

P. EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION (Sec. 416)

It shall have the force and effect of a final judgment of a court upon the
expiration of 10 days from the date thereof, unless repudiation of the
settlement has been made or a petition to nullify the award has been filed
before the proper city or municipal court.
 However, this shall not apply to court cases settled by the lupon under
last par of sec. 408, in which case the compromise settlement agreed upon
by the parties before the lupon chairman or Pangkat chairman shall be
submitted to the court and upon approval thereof, have the force and effect of
a judgment of said court.
Page | 34
Q. EXECUTION (sec. 417)
The amicable settlement or arbitration award may be enforced by
execution by the lupon within 6 months from the date of the settlement. After
the lapse of such time, the settlement may be enforced by action in the
appropriate city or municipal court.

R. REPUDIATION (Sec. 418)

Any party to the dispute may within 10 days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement
to that effect sworn to before him, where the consent is vitiated by fraud,
violence, or intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint as hereinabove provided.

S. TRANSMITTAL OF SETTLEMENT AND ARBITRATION AWARD TO THE COURT

(Sec. 419)
The secretary of the lupon shall transmit the settlement or arbitration
award to the appropriate city or municipal court within 5 days from the date of
the award or from the lapse of the ten-day period or repudiating the
settlement and shall furnish copies thereof to each of the parties to the
settlement and the lupon chairman.

T. POWER TO ADMINISTER OATHS (Sec. 420)

The punong barangay as chairman of the lupon and the members of the
Pangkat are hereby authorized to administer oaths in connection with any
matter relating to all proceedings in the implementation of the katarungang
pambarangay.

U. ADMINISTRATION: RULES AND REGULATIONS (Sec. 421)

The city or municipal mayor, shall see to the efficient and effective
implementation and administration of the Katarungang Pambarangay. The
Secretary of Justice shall promulgate the rules and regulations necessary to
implement this Chapter.

V. APPROPRIATIONS (Sec. 422)

Such amount as may be necessary for the effective implementation of the
Katarungang Pambarangay shall be provided for in the annual budget of the city or
municipality concerned.
 UNIT VII

RESTORATIVE JUSTICE

Introduction
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Restorative Justice is commonly known as a theory of criminal justice that
focuses on crime as an act by an offender against another individual or community
rather than the state. Dialog between the offending person and the person who has been
harmed is a central process within restorative justice. The person who has harmed takes
responsibility for their actions and the person who has been harmed is able to take a
central role in the process, in many instances receiving an apology and reparation
directly or indirectly from the person who has caused the harm through the use of a
mediator or facilitator.

Restorative justice is a theory of justice that emphasizes repairing the harm

caused or revealed by criminal behavior. It is best accomplished through cooperative
processes that include all stakeholders.

Practices and programs reflecting restorative purposes will respond to crime by:

1. identifying and taking steps to repair harm,

2. involving all stakeholders, and
3. transforming the traditional relationship between communities and their
governments in responding to crime. Some of the programs and outcomes
typically identified with restorative justice include:

Victim offender mediation

Conferencing
Circles
Victim assistance
Ex-offender assistance
Restitution
Community service

Three principles form the foundation for restorative justice:

1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity
to participate fully in the response if they wish.
3. Government's role is to preserve a just public order, and the community's is to
build and maintain a just peace.

Restorative programs are characterized by four key values:

1. Encounter
Create opportunities for victims, offenders and community members who
want to do so to meet to discuss the crime and its aftermath

2. Amends
Expect offenders to take steps to repair the harm they have caused
 3. Reintegration
Seek to restore victims and offenders to whole, contributing members of
society

4. Inclusion
Provide opportunities for parties with a stake in a specific crime to
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participate in its resolution

Applications of Restorative Justice:

Restorative justice takes many different forms, but all systems have some
aspects in common. In criminal cases, victims have an opportunity to express the full
impact of the crime upon their lives, to receive answers to any lingering questions about
the incident, and to participate in holding the offender accountable for his or her actions.
Offenders can tell their story of why the crime occurred and how it has affected their
lives. They are given an opportunity to make things right with the victim—to the degree
possible—through some form of compensation.

In social justice cases, impoverished people such as foster children are given the
opportunity to describe what they hope for their futures and make concrete plans for
transitioning out of state custody in a group process with their supporters
In criminal cases, types of compensation include, but are not limited to: money,
community service in general, community service specific to the deed, self-education to
prevent recidivism, and/or expression of remorse.

In the courtroom, the process might look like this: For petty or first-time offenses,
a case may be referred to restorative justice as a pretrial diversion, with charges being
dismissed after fulfillment of the restitution agreement. In more serious cases, restorative
justice may be part of a sentence that includes prison time or other punishments.

In the community, concerned individuals meet with all affected parties to

determine what the experience and impact of the crime were for all. Those called out for
offenses listen to others' experiences first, preferably until they are able to reflect and
feel what those experiences were for the others. Then they speak to their experience:
how it was for them to do what they did. A plan is made for prevention of future
occurrences, and for the offender to heal the damage to the injured parties. All agree.
Community members hold offender accountable for adherence to the plan.

Restorative Justice Processes

Victim-Offender Mediation

Victim-offender mediation, or VOM (also called victim-offender dialogue, victim-

offender conferencing, victim-offender reconciliation, or restorative justice dialogue), is
usually a face-to-face meeting, in the presence of a trained mediator, between the victim
of a crime and the person who committed that crime. This system generally involves a
small number of participants, and often is the only option available to incarcerated
offenders, due to limits on visitors. VOM originated in Canada where it formed part of an
alternative court sanction in a 1974 Kitchener, Ontario case involving two accused
vandals who met face-to-face with their many victims.
Family Group Conferencing

Family group conferencing (FGC) has a much wider circle of participants than
VOM. In addition to the primary victim and offender, participants may include people
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connected to the victim, the offender’s family members, and others connected to the
offender (for example, friends, and professionals). FGC is often the most appropriate
system for juvenile cases, due to the important role of the family in a juvenile offender’s
life.

Restorative or Community Conferencing

Restorative Conferencing has a much wider circle of participants than VOM.

Restorative conferences, which have also been called restorative justice conferences,
family group conferences and community accountability conferences, originated as a
response to juvenile crime.

A conference is a structured meeting between offenders, victims and both

parties' family and friends, in which they deal with the consequences of the crime and
decide how best to repair the harm. Neither counseling nor a mediation process,
conferencing is a victim-sensitive, straightforward problem-solving method that
demonstrates how citizens can resolve their own problems when provided with a
constructive forum to do so.

Conferences provide victims and others with an opportunity to confront the

offender, express their feelings, ask questions and have a say in the outcome. Offenders
hear firsthand how their behavior has affected people. They may begin to repair the
harm by apologizing, making amends and agreeing to financial restitution or personal or
community service work. Conferences hold offenders accountable while providing them
with an opportunity to discard the "offender" label and be reintegrated into their
community, school or workplace.

Participation in conferences is voluntary. After it is determined that a conference

is appropriate and offenders and victims have agreed to attend, the conference facilitator
invites others affected by the incident–the family and friends of victims and offenders. In
some cases, if a victim is unwilling to participate in a face-to-face meeting, he may make
a written statement to be used in the conference, or a surrogate victim may take his
place.

The conference facilitator sticks to a simple script and keeps the conference on
focus, but is not an active participant. In the conference the facilitator asks the offenders
to tell what they did and what they were thinking about when they did it. The facilitator
then asks victims and their family members and friends to tell about the incident from
their perspective and how it affected them. The offenders' family and friends are asked
to do the same.
The Aims of Restorative Justice

Restorative justice is concerned with healing victims' wounds, restoring offenders

to law-abiding lives, and repairing harm done to interpersonal relationships and the
community. It seeks to involve all stakeholders and provide opportunities for those most
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affected by the crime to be directly involved in the process of responding to the harm
caused.

A central premise of restorative justice is that victims, offenders, and the affected
communities are all key stakeholders in the restorative process. Victims include not only
those directly affected by the offense, but also family members and members of the
affected community. The safety, support, and needs of these victims are the starting
points for any restorative justice process. Thus a primary objective is to attend to victims'
needs: material, financial, emotional, and social. Addressing these needs and the needs
of the community is necessary if public demands for severe punishment are to be
quelled.

This requires the assumption that crimes or violations are committed against real
individuals, rather than against the state. Restorative justice, therefore, advocates
restitution to the victim by the offender rather than retribution by the state against the
offender. Instead of continuing and escalating the cycle of violence, it tries to restore
relationships and stop the violence.

A restorative justice process also aims to empower victims to participate

effectively in dialogue or mediation with offenders. Victims take an active role in directing
the exchange that takes place, as well as defining the responsibilities and obligations of
offenders. Offenders are likewise encouraged to participate in this exchange, to
understand the harm they have caused to victims, and to take active responsibility for it.
This means making efforts on their parts to set things right, to make amends for their
violations, by committing to certain obligations, that may come in the form of reparations,
restitution, or community work. While fulfilling these obligations may be experienced as
painful, the goal is not revenge, but restoration of healthy relationships between
individuals and within communities that have been most affected by the crime.

Restorative justice is a forward-looking, preventive response that strives to

understand crime in its social context. It challenges us to examine the root causes of
violence and crime in order that these cycles might be broken. This approach is based
on the assumption that crime has its origins in social conditions, and recognizes that
offenders themselves have often suffered harm. Therefore, communities must both take
some responsibility for remedying those conditions that contribute to crime and also
work to promote healing.

Healing is crucial not just for victims, but also for offenders. Both the
rehabilitation of offenders and their integration into the community are vital aspects of
restorative justice. Offenders are treated respectfully and their needs are addressed.
Removing them from the community, or imposing any other severe restrictions, is a last
resort. It is thought that the best way to prevent re-offending is re-integration.
 The justice process in this way strengthens the community and promotes
changes that will prevent similar harms from happening in the future. It is generally
thought that restorative justice should be integrated with legal justice as a
complementary process that improves the quality, effectiveness, and efficiency of justice
as a whole. Because they focus on the needs of the victim, the offender, and the
community, restorative processes can help to determine how the law should be applied
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most fairly.