1
PHILIPPINE CRIMINAL JUSTICE
SYSTEM
CRIMINAL JUSTICE SYSTEM
 The sum total of instrumentation which
a society uses in the prevention and
control of crime and delinquency
 The machinery of the state or
government which enforces the rules of
conduct necessary to protect life and
property and to maintain peace and
order
 The network of works and tribunals
which deal with criminal law and its
enforcement
 Comprises all means used to enforce
these standards of conduct, which are
deemed necessary to protect individuals
and to maintain general well-being of
the community
FIVE PILLARS OF THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM
1. LAW ENFORCEMENT / POLICE
2. PROSECUTION
3. COURTS
4. CORRECTIONS
5. COMMUNITY
GOALS OF CRIMINAL JUSTICE SYSTEM
A. Primary Goals
1. protect members of society
2. maintenance of peace and
order
B. Secondary Goals
1. prevention of crimes
2. the review of legality of the
preventive and suppressive
measures
3. the judicial determination of
guilt or innocence of those
apprehend
4. the proper disposition of those
who have been legally found
guilty
5. the correction by socially
approved means of the behave
if those who violate the
criminal law
6. the suppression of criminal
conduct by apprehending
offenders for whom prevention
is ineffective
A. LAW ENFORCEMENT / POLICE
As the first pillar in the criminal justice
system, the police is considered as the
initiator of actions. Its actions and decisions
essentially control or dominate the activities
or functions of the other components.
Brief History
The institution of police in the
Philippines formally started during the
Spanish Era. The establishment of the police
force was not entirely intended or crime
prevention or peacekeeping rather, it was
created as an extension of the colonial
military establishment.
Ancient Roots
The forerunner of the contemporary
police system was the practice of the
barangay chieftains to select able-bodied
young men to protect their barangay during
the night and was not required to work in the
fields during daytime. Among the duties of
those selected were to protect the properties
of the people in the barangay and to protect
their (barangay’s) crops and livestock from
wild animals.
Spanish Period
Carabineros de Seguridad Publica –
organized in 1712 for the purpose of
carrying the regulations of the Department
of State. This was armed and considered as
the mounted police. Years after, this kind of
police organization discharged the duties of
a port, harbor and river police.
Guardrilleros – this was a body of rural
police organized in each town and
established by the Royal Decree of 18
January 1836. This decree provides that 5%
of the able0bodied male inhabitants of each
province were to be enlisted in this police
organization for three years.

Guardia Civil – this was created by a Royal
Decree issued by the Crown on 12 February
1852 to partially relieve the Spanish
Peninsular Troops of their work in policing
towns. It consisted a body of Filipino
policemen organized originally in each of
the provincial capitals of the central
provinces of Luzon under the Alcalde
Mayor.
American Period
The Americans established the United
States Philippines Commission headed by
Gen. Howard Taft as its first governor-
general. On January 9, 1901, the
Metropolitan Police Force of Manila was
organized pursuant to Act No. 70 of the Taft
Commission. This has become the basis for
the celebration of the Anniversary of the
Manila’s Finest every January 9th.
ACT No. 175 – entitled “An Act Providing
for the Organization and Government of an
Insular Constabulary, passed on 18 July
1901.
Act No. 225 – the act that renamed the
insular Constabulary into Philippine
Constabulary, passed on 3 October 1901.
Executive Order 389 – ordered that the PC
be one of the four services of the Armed
Forces of the Philippines, dated 23
December 1940.
Post American Period
RA 4864 – otherwise known as the Police
Professionalization Act of 1966, dated 8
September 1966 created the Police
Commission (POLCOM) as a supervisory
agency to oversee the training and
professionalization of the local police forces
under the office of the president. Later
POLCOM was renamed National police
Commission (NAPOLCOM).
-- under this Act, the City /
Municipal police forces and its personnel
were under the administrative and
operational control and supervision of the
Office of the President through the
NAPOLCOM.
Martial Law Regime
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PD 765 – otherwise known as the
“Integration Act of 1975”, dated 8 August
1975; established and constituted the
Integrated National Police (INP) composed
of the Philippine Constabulary (PC) as the
nucleus and the integrated local police
forces as components, under the Ministry of
National Defense
-- transferred the NAPOLCOM
from the Office of the President to the
ministry of National Defense
-- also transferred to the INP the
following powers and functions of the
NAPOLCOM: training of policemen,
establishment of the Police Integrated
Communications System, grant of police
subsidy and temporary disability benefits,
among others.
Post Martial Law Regime
Executive Order No. 1012 – transferred to
the city and municipal government the
operational supervision and direction over
all INP units assigned within their locality.
Executive Order No. 1040 – transferred the
administrative control and supervision of the
INP from Ministry of National Defense to
the National Police Commission.
RA 6975 – otherwise known as the
“Department of the Interior and Local
Government Act of 1990”, enacted on 13
December 1990
-- reorganized the DILG and
established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and the Philippine Public
Safety College.
RA 8551 – otherwise known as the
Philippine National Police Reform and
Reorganization Act of 1998, enacted on
1998
-- amended certain provisions of
RA 6975.
Philippine National Police
 Organized pursuant to RA 6975, as
amended by RA 8551
 A law enforcement agency under
the operational control of the

Department of the Interior and
Local Government and
administrative supervision of the
National Police Commission
 It is an organization that is national
in scope and civilian in character
 Headed by the Chief, PNP, with the
rank of Director General
Article XVI Sec 6 of the 1987 Philippine
Constitution
The State shall establish and
maintain one police force, which shall be
national in scope and civilian in
character, to be administered and
controlled by a national police
commission. The authority of local
executives over the police units in their
jurisdiction shall be provided by law.
OBJECTIVES OF LAW
ENFORCEMENTS / POLICE
1. time prevention – the detection
suppression and prevention of crimes
have traditionally been accepted as
some of the primary goals of the local
police forces. Some authorities have
ever defined crime preventions as the
core mission of the police.
2. criminal apprehension – it is a police
responsibility to identify, locate and
apprehend offenders
3. law enforcement – it is the basic
responsibility of the police to enforce
the law
4. order maintenance – one of the most
troublesome responsibilities of the
police
5. public services – because the police is
the most visible symbol of authority,
they are called upon assist in situations
like location of lost persons or
properties to provide VIP, bank and
funeral escorts and other similar duties
6. traffic regulation and motor accident
investigation – the police are expected
to ensure road safety for both
pedestrians and motorist and assist in
cases of road accidents and emergencies
National Bureau of Investigation
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 a law enforcement agency
patterned after the Federal
Bureau of Investigation
 under the Department of
Justice
 headed by a Director
Act No. 181 – created the Division of
Investigation (DI) of the Department of
Justice, dated November 1938
People responsible for the creation of the
NBI
1. President Manuel L. Quezon
2. Chief Justice Jose Abad Santos
3. Secretary Jose Yulo
RA 157 – created the National Bureau of
Investigation, enacted on 19 June 1947
RA No 2678 – recognize the NBI, dated
1960
B. PROSECUTION
 The course of action or process
whereby accusations are
brought before a court of
justice to determine the
innocence or guilt of the
accused
 In a criminal action, it is a
preceding 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 the crime
 The continuous following up,
through instrumentalities
carried by law, of a person
accused of a public offense
with steady and fi of reaching
a judicial determination of the
guilt or innocence of the
accused
Duties of a Prosecutor:
1. To conduct preliminary investigation
2. To make proper recommendation during
the inquest of the case referred to them
by the police after investigation of a
suspect.

3. To represent the government or state
during the prosecution of the case
against the accused in the absence of a
private counsel or prosecutor under his
supervision and control;
4. To act as law officer of the province or
city in the absence of a legal officer and
as legal adviser of all political
instrumentalities and their officials; and
5. To investigate administrative cases filed
against the State Prosecutors including
the support staff of the National
Prosecution Services.
THE NATIONAL PROSECUTION
SERVICE (NPS)
 The principal prosecutory arm of
the government
 Its primary task is to investigate
and prosecute all criminal offenses
defined and penalized under the
Revised Penal Code and other
special laws.
Organizational Structure:
It is composed of the Office of the
Chief State Prosecution (Prosecution Staff),
the Regional State Prosecution Officers and
the Provincial and City Prosecution Office.
It is prosecution attorneys and special
counsels.
It is the Secretary of the
Department of Justice who exercise general
supervision and control over the prosecutors
throughout the country.
At the operational level, the Chief
State Prosecutor, as the head of
Prosecutorial Staff, is tasked with the
implementation of the provision of laws,
executive orders and rules and carries out
the policies, plans, programs and projects of
the Department relative to the investigation
and prosecution of criminal cases.
Additional Responsibilities of a It is required to be conducted
Prosecutor:
Investigates, resolves, or recommends
disciplinary action on all administrative
cases filed against the state prosecutors,
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provincial / city prosecutors, including
the support staff of the NPS;
Renders opinions on queries from
prosecutors regarding the violation of
the Revised Penal Code and other penal
laws and the proper legal interpretation
thereof;
Acts as the Vice Chairman of the Board of
Canvassers of the Commission on
Elections;
Acts as a law officer of the provincial / city
in the absence of legal officer and as
legal adviser of all the political
instrumentalities and their officials.
Acts as Registrar of Deeds in the absence of
the Registrar of Deeds and the deputy;
and
Represents the Office of the Solicitor-
General, and acts as deputized Special
Prosecutor of the Ombudsman and of
the Commission of Elections when so
deputized.
Preliminary Investigation
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 trial
It is merely prosecutorial and is
often the only means of
discovering the persons who
may be reasonably charged
with a crime to enable the
prosecutor to prepare his
complaint or information
It is not a trial of the case on the
merits and has no purpose
except that of determining
whether a crime has been
committed and whether there
is a probable cause to believe
that the accused is guilty
thereof
before the filing of the
complaint or information for
an offense where the penalty
prescribed by law is at least
four years, two months and
one day without regard to fine.

Probable Cause
1. As basis in charging prosecuting
person with an offense:
Probable cause is the existence
of such facts and circumstances as
would excite a belief in a reasonable
mind acting on the facts within the
knowledge of the prosecutor that the
person charged id guilty of the crime for
which he is prosecuted.
2. As a ground for an arrest or
issuance of warrant of arrest:
Probable cause is such facts
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.
3. As protection against false
prosecution and arrest:
Probable cause is the
knowledge of facts, actual or apparent,
strong enough to justify a reasonable
mind in the belief that he has lawful
grounds for arresting the accused.
OBJECTIVES OF PRELIMINARY
INVESTIGATION
To protect the innocent against hasty,
oppressive and malicious
prosecution;
To secure the innocent from an open
and public accusation of trial, from
the trouble of expense and anxiety
of a public trial;
To protect the State from useless and
expensive trials.
OFFICERS AUTHORIZED TO
CONDUCT PRELIMINARY
INVESTIGATION:
 Provincial or City Prosecutors
and their assistants
 Judges of the Municipal Trial
Courts and Municipal Circuit
Trial Courts
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 National and Regional State
Prosecutors
 Other officers as may be
authorized by law:
Tanodbayan’s special
prosecutors as authorized
by the Ombudsman
COMELEC’s authorized legal
officers in connection with
election offenses
Special prosecutors appointed
by the Secretary of Justice
PROCEDURE OF PRELIMINARY
INVESTIGATION
a. conducted by the investigating
prosecutor:
1. There must be a complaint
accompanied by the affidavit of the
complainant and his witness as well
as their other supporting documents
to establish probable cause. The
number of copies shall be same as the
number of respondents plus
additional two for the official file.
These shall be filed with the
prosecutor’s office.
2. The investigating prosecutor shall
either dismiss the case or issue a
subpoena to the respondent within
ten (10) days after filing of the
complaint.
3. The respondent shall submit his
counter-affidavit and that of his
witness within ten (10) days from
receipt of subpoena.
If respondent cannot be subpoenaed
or if he failed to submit his counter-
affidavit within the prescribed period,
the investigating prosecutor shall
resolve the complaint based on the
evidence presented by the complaint.
4. The investigating prosecutor may set
a hearing if there are facts or issues to
be clarified. Both parties can be
present but they cannot examine or
cross-examine either party. They can
submit questions to be ask by the
investigating prosecutor. The hearing
shall be held within ten (10) days
from the submission of the counter-
affidavit or from the expiration of the
period of submission. The hearing

shall be terminated with five (5)
days.
5. Within ten (10) days after the
investigation, the investigating
prosecutor shall determine whether or
not there is sufficient ground to hold
the respondent fro trial. The
termination of the hearing shall be the
end of the investigation.
6. If the investigating prosecutor finds
cause to hold the respondent for trial,
he shall prepare the resolution and
information. He shall forward the
record of the case to the provincial or
city prosecutor or chief state
prosecutor within five (5) days from
his resolution. If the investigating
prosecutor recommends dismissal of
the case, the same procedure shall
apply. The provincial, city, or chief
prosecutor shall act on the resolution
within ten (10) days from receipt and
shall immediately inform the parties
of such action. No complaint or
information may be filed or dismissed
by the investigating prosecutor
without the prior written authority or
approval of the provincial, or city, or
chief state prosecutor.
7. If the investigating prosecutor
recommends the filing of the case but
the provincial, city, or chief state
prosecutor disapproves and wants the
case dismissed, the provincial, city, or
chief state prosecutor may dismiss the
case without need for another
preliminary investigation. If the
investigating prosecutor recommends
dismissal of the case but the
provincial, city, or chief state
prosecutor finds probable cause, the
provincial, city, or chief state
prosecutor may file the information
with the court without need for
another preliminary investigation.
8. In case either party is not satisfied
with the findings of the provincial,
city, or chief state prosecutor, he may
submit his petition with the Secretary
of justice. The Secretary of Justice
has the power to modify the
resolution of the provincial, city, or
chief state prosecutor. The Secretary
of Justice may affirm or reverse the
resolution of the provincial, city, or
chief state prosecutor without
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conducting another preliminary
investigation.
b. conducted by the investigating judge:
1. Within ten (10) days after the
preliminary investigation, the
investigating judge shall transmit the
resolution of the case to the
provincial, city, or chief state
prosecutor for appropriate action.
2. Within thirty (30) days from receipt
of the records of the case, the
provincial, city, or chief state
prosecutor shall review the resolution
of the investigating judge on the
existence of probable cause.
Inquest
- 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.
Inquest Officers
- prosecutors assigned to
inquest duties by the
provincial or city prosecutor
- they shall discharge their
functions during the hours of
their designated
assignments, which might be
done at the police stations in
order to expedite inquest
proceedings.
C. COURT
 a governmental body 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 power
 7

 an organ of the government, criminal justice to ensure that

belonging to the judicial their actions do not violate the
department, whose function is rights of the convicted offender.
the application of the laws to
controversies brought before it 2. To determine by all
and public administration of available legal means
justice whether a person is guilty
 a body to which the public of a crime:
administration of justice is Review of all
delegated through its sovereign evidence presented by the police
rights and power. or private citizens to determine
its relevance and admissibility
Two-Fold Role of the Court according to established
guidelines of acceptability is the
1. As a participant, the court must decide responsibility of the courts. The
the culpability or innocence of the courts also examine the
accused after its trial on merit. If the circumstances that surround the
prosecution successfully proves the crime as it relates to the issues it
guilt of the accused beyond reasonable must adjudicate
doubt, the court has no option but to
render a decision convicting the 3. To dispose properly of
accused. On eh other hand, if the those convicted of crimes:
prosecution fails to show the guilt of the The courts have the
accused for insufficiency of evidence, responsibility to examine the
he would be exonerated or acquitted background of the accused and
and order the release from prison if he the circumstances of a crime.
is under detention unless he has no From this information and
other pending cases where he fails to according to existing applicable
post bail for his provincial release. laws, the court considers possible
2. As a supervisor, the Court has a noble sentencing alternatives and then
mission as a protector of human rights. selects the most proper form of
These rights refer “to those rights which disposition for the convicted
are inherent in our nature and without offender.
which we can not live as human
beings.” The main function of the court 4. To protect society:
is to promote justice in order to obtain After the accused
peace, satisfaction and happiness of the has been found guilty and after
citizenry. Corollary to this, the judge the consideration of all factors,
should exhibit impartiality in his the court must determine if the
decision to the contentment of all offender should be removed from
litigants. the society and incarcerated to
protect the safety of life and
Functions of the Court property.

1. To protect the rights of the 5. To prevent and reduce

accused:
The courts are
responsible for reviewing the
actions of law enforcement
agencies to ensure that the police
have not violated the legal rights
of the accused. Similarly, the
courts are given the authority and
responsibility to review the
actions of other agencies of
Judiciary
criminal behavior:
This is the task of
imposing the proper penalties
and sanctions that will serve to
deter future criminal acts by the
offender and also to serve as an
example and a deterrent to other
who would commit criminal acts
or threaten public safety.

 That branch of the government
which is vested with judicial power
 That branch of the government
which is empowered to interpret,
construe and apply the law.
Judicial Power
The power to apply the laws to contest
or disputes concerning legally
recognized rights or duties of and
between the state and the private
persons or in between individual
litigants in cases properly brought
before the judicial tribunals.
The authority to settle justifiable
controversies or disputes involving
rights that are enforceable and
demandable before the courts of
justice.
Scope of Judicial Power
1. Adjudicatory powers
a. to settle actual controversies
involving rights which are
legally demandable and
enforceable; and
b. to determine whether there has
been abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any
branch of the government.
2. Power of judicial review
a. to pass upon the validity or
constitutionality of the laws of
the State and the acts of the
other departments of the
government
b. to interpret them; and
c. to render binding judgment
3. Incidental powers
- Includes the incidental
powers necessary to the
effective discharge of the
judicial functions such as the
power to punish a person
adjudged in contempt.
JUDGE – a public officer so named in his
commission and appointed to preside over
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and to administer the law in a court of
justice.
RA 129 – otherwise known as the Judiciary
Reorganization Act of 1989
JURISDICTION – the power and authority
of a court to hear, try and decide cases.
ORGANIZATION AND JURISDICTION
OF THE COURTS
Regular Courts
a. Supreme Court
 Composed of a Chief Justice and
fourteen (14) Associate Justices
 may sit either en banc or t its
discretion, in division of three (3),
five (5) or seven (7) members
 shall have administrative
supervision over all courts and their
personnel
 shall have the power to discipline
judges of lower courts
 shall have appellate jurisdiction
over cases decided by the CA
 shall have the power of automatic
review of cases sentenced with
death penalty
 shall have the power of judicial
review
 shall have the power to issue writs
b. Court of Appeals
 Composed of 69 Justices, headed
by a Presiding Justice
 Operates in 23 divisions, each
comprising three (3) members
 Sits en banc only to exercise
administrative, ceremonial or other
non-adjudicatory functions
 Has appellate jurisdiction over
cases decided by the RTC
 Has the power to order a new trial
c. Regional Trial Court
 presided by seven hundred twenty
(720) Regional Judges in each of
the regions of the country
 has general jurisdiction over
criminal cases
 has jurisdiction over:
1. offenses punishable with
imprisonment exceeding six

years and one day or a fine
exceeding P4,000.00, or
both
2. issuance of writs
 has appellate jurisdiction over cases
decided by the Metropolitan Trial
Court, Municipal Trial Court and
Municipal Circuit Trial Court
d. Metropolitan Trial Court
 One in each metropolitan city or
municipality
 Has jurisdiction over:
1. violations of city or
municipal ordinances
2. Offense punishable with
imprisonment not exceeding
six years or a fine of not
more than P4,000.00 or both.
e. Municipal Trial Court
 one in every city not forming part
of a metropolitan area and in each
of the municipalities not comprised
within a metropolitan area and a
municipal circuit
 has jurisdiction over:
violations of city or municipal
ordinances
Offense punishable with imprisonment
not exceeding six years or a fine of
not more than P4,000.00 or both.
f) Municipal Circuit Trial Court
One in each area defined as a municipal
circuit comprising one more cities
and/or one or more municipalities
grouped together according to law
Has jurisdiction over:
violations of city or municipal
ordinances
offenses punishable with
imprisonment not exceeding
six years or a fine of not than
P400,00.or both
Special Courts
a) Court of Tax Appeals
 Created under Republic Act
No. 1125
9
 Composed of three judges,
headed by a Presiding Judge
 Has exclusive appellate
jurisdiction to review on
appeal decision of the
Commissioner of the Bureau
of Internal Revenue involving
internal revenue taxes and
decision of the Commission of
the Bureau of Customs
involving customs duties
b) Sandiganbayan
 Created pursuant to PD 1606
 Composed of fifteen (15)
Justice, headed by Presiding
Judge
 Operates in five (5) divisions
each comprising three (3)
members
 Tasked to handle criminal
cases involving graft and
corruption and other offenses
committed by public officers
and employees in connection
with the performance of their
functions
c) Sharia Court
 Created pursuant to PD 1083,
otherwise known as the “Code
of Muslim Personal Laws of
the Philippines”.
 Created as part of the judicial
system
 Courts of limited jurisdiction
known as the Sharia District
Court are presided District
Judge
 Sharia circuit trial courts are
presided by circuits judge
d) Quasi- judicial agencies
 Administrative bodies under
the executive branch
performing quasi-judicial
function, such as the National
Labor Relation Commission,
the Employees Compensation
Commission the Securities and
Exchange Commission.
COMELEC and others.

e) Court Martial
 Agency of executive character
with the President as
Commanded-in- Chief of the
Armed Forces of the
Philippines
KINDS OF JURISDICTION OF COURT
1. General- when it is empowered to
decide all disputes which may come
before except those assigned to other
courts (e.g jurisdiction of the RTC)
2. Limited- when it has authority to
hear and determine only a few
specified cases (e.g jurisdiction of
special courts)
3. Original- when it can try and hear a
case presented for the first time
4. Appellate- when it can try a case
already heard and decide by a lower
court, removed from the latter by
appeal
5. Exclusive- when it can try and
decide a case which cannot be
presented before any other court
6. Concurrent- when any of two courts
may take cognizance of a case
7. Criminal- that which exists for the
punishment of crime
8. Civil- that which exists when the
subject matter is not criminal in
nature (e.g annulment, adoption,
child custody)
DECISION- the judgment rendered by a court
of justice or other competent tribunals.
PERIOD OF RENDERING DECISION
1. Supreme Court- within twenty-four
(24) months
2. Court of Appeals- and other
collegiate appellate courts – within
(12) months
3. Inferior Courts- within three (3)
unless reduced by the Supreme
Court
JUDGEMENT
 The adjudication by the court that
the accused is guilty of the
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offense charged and the
imposition of the proper penalty
and civil liability, if any
 It must be written in the official
language, personally and directly
prepared by the judge and
subscribed by him
 Shall contain clearly and
distinctly a statement of the facts
and the laws upon which it is
based.
CONTENTS OF JUDGEMENT
a) judgment of conviction:
 the legal qualification of the
offense constituted by the acts
committed by the accused and
the aggravating or mitigating
circumstances which attended
commission
 the participation of the accused
in the offense, whether as
principal, accomplice or
accessory after the fact
 the penalty imposed upon the
accused
 the civil liability or damages
caused by his wrongful act or
omission to be recovered from
the accused by the offended party
unless the enforcement of the
civil liability by a separate civil
action has been reserved or
waived
b) judgment of acquittal:
 shall state whether the evidences
of the prosecution absolutely
failed to prove the guilt of the
accused of merely failed to
prove his guilt beyond
reasonable doubt
PROMULAGATION OF JUDMENT

By reading in the presence of
the accused and any judge of the
court in which it was rendered.
 If the judge is absent the
judgment maybe promulgated
by the clerk of court.
D. CORRECTION

 That branch of administration
of criminal justice with the
charged with the responsibility
for custody, supervision and
rehabilitation of convicted
offenders
 The combination of public and
private services with legal
authority to provide for the
care, custody and control of
those convicted of a criminal
offense
 The programs, services and
institution responsible for those
individuals who are accused
and or convicted of criminal
offenses
Penology- a branch of criminology which deals
with management and administration of inmates.
Penalty- the suffering that is inflicted by the
State for the transgression of the law
Theories Justifying Penalty
1. Prevention- the State punishes
the criminal to prevent or
suppress the danger to the State
and to the public arising from
the criminal acts of the offender
2. Self-defense- the State
punishes the criminal as a
measure or self-defense so as to
protect society from the threat
and wrong inflicted by the
criminal
3. Reformation- it is duty of the
State to take care of and reform
the criminal
4. Exemplarity- the criminal
punished to serve as an
example to discourage others
from committing crimes.
5. Justice- based on the theory
that crime must be punished by
the State as a fact of retributive
justice. A vindication of
absolute right and moral law
violated by the criminal.
Juridical Conditions of Penalty
11
1. judicial and legal- it must be
imposed by virtue of a
judgment as prescribed by
law
2. definite- it must be specific
3. commensurate-it must be
proportional to the gravity of
the crime
4. personal- it must be imposed
to the person who actually
committed the crime with no
substitutes
5. equal- it must apply to all
offenders
Prisons
 institutions for confinement
of convicted offenders
sentenced to more than three
(3) years of imprisonment
 derived from the Greco-
Roman word “presidio”
 administered by the national
government under the Bureau
of Corrections
 Also called national prisons
and also includes penal
colonies and farm.
Prison law- basic law in the Philippines if
Prisons System found in the Revised
Administrative Code
Philippine Prison System- patterned after the
US Federal Prison System
PENAL INSTITUTION
1) New Bilibid Prison
 Located Muntinlupa, Metro Manila
 Constructed in 1963
 Approximate 552 hectares
 Has two satellite units
i. Camp Sampaguita
–medium security
ii. Bukang Liwayway
Camp-medium
security
 The youth Rehabilitation Center
and the Reception and Diagnostic
Center is located at Camp
Sampaguita
 12

 Within its compound is where the  Located in Mandaluyong City

Bureau of Corrective Central  The only prison facility for
Office is located national female convicted
 Has three security camps: prisoners
i. maximum security  Established in 1931 pursuant to
compound Act No. 3579
 offenders whose  Measures 18 hectares
maximum
sentence is 3) Iwahig Prison and Penal Farm
twenty (20) years  Located in Iwahig,Puerto
 sentence is under Princesa City. Palawan
review of the  Established on 16 November
Supreme Court 1904 pursuant to
 recidivist, Reorganization Act 1407
escapees and  Measures 36,000 hectares
under  Divided into four (4) sub-
disciplinary colonies
punishment i. Sta.lucia
ii. medium security ii. Inagawan
compound iii. Montible
 offenders whose iv. Central
minimum  It administers the Tagumpay
sentence is Settlement
below (20) years 4) San Ramon Prison and Penal Farm
 first time  Located in Zamboanga del Sur
offenders  Established in 1870 by Capt.
originality Ramon Blanco, of the Spanish
classified under Royal Army, and was named
maximum after Capt. Blanco’s father’s
security who patron saint
have served  Established for political
five(5) years of prisoners
good conduct  Measures more than 1,500
iii. minimum security hectares
compound  Has three of security:
 an open camp minimum, medium and
with less maximum
restriction
 offenders who 5) Daval Penal Colony
are sixty five(65)  Located in Tagum, Davao del
years old and Norte
above  Established on 21 January
 offenders who 1932 pursuant to Act No. 3732
are medically  Measures 18 hectares
certified as
 Has two sub-colonies
invalid and
i. Panbo
physically
ii. Kapalong
disabled
 offenders whose
 Has only two levels of
remaining period
security: minimum, and
in their sentence
medium
is at least six
 Operates Tanglaw settlement
months
for released prisoners as
homesleaders
2) Correctional Institution for Women

6) Sablayan Penal Colony and Farm
 Located in Sablayan, San
Jose. Occendental Mindoro
 Established on 27 September
1954 pursuant to
Proclamation No.72
 Has four (4) sub- colonies
i. Cental
ii. Pasugul
iii. Pusog
iv. Yapang
7) Leyte Regional Prison
 Located in Abuyog, Leyte
 Established on 16 January
1973
 Has three levels of security:
minimum, medium and
maximum
 Has receiving and processing
station
Jails
 Institution for confinement of
convicted offenders sentenced to
imprisonment of three (3) years or less
and offenders awaiting and/or
undergoing trial
 Derived from the Spanish words
“jaulo” and “caula” and French word
“gaol”
 Province jails are administered and
supervised by their respective
provincial government
 City and municipal jails are
administered and supervised by the
Bureau of Jail of Management and
Penology
Types of Jails
1. lock-up- security facility for the
temporary detention of persons
held for investigating or waiting
preliminary hearing, usually the
period of detention does not
exceed forty eight (48) hours
2. Ordinary-jail- institutions for
confinement of convicted
offenders sentenced to
imprisonment of three (3) years or
less and offenders awaiting and or
undergoing that.
13
3. workhouse jail- faiths or camps
PD 29- the law that classified prisoners
Classification of Prisoners
a.) According to status
1) Detention prisoners- those held for
security reasons; held for investigation; those
awaiting final judgment; those awaiting trial
2) Sentenced prisoners- those convicted by
final judgment
b.) According to PD 29:
1) Insular or national prisoners- those
whose sentence is three years and one
day to death or whose fine is more
than six thousand (P6, 000.00) or
both.
2) City/provincial prisoner- those
whose sentence is less than three (3)
years but over six (6) months or
whose fine is less than six thousand
pesos (P6,00.00) but more than two
hundred pesos (P200.00), or both.
3) Municipal prisoner- those whose
sentence is not more than six months
or whose fine is not more than two
hundred pesos (P200.00), or both
c.) according to sentence / four main classes of
prisoners
1.) insular / national prisoner – one who
is sentenced to serve a prison term of
three years and one day to death
2.) provincial prisoner – one who is
sentenced to serve a prison term of six
months and one day to three years
3.) city prisoner – one who is sentenced to
serve a prison term of one day to three
years
4.) municipal prison – one who is
sentenced to serve a prison term of one
day to six months
NON-INSTITUTIONAL CORRECTIONS
Executive Clemency- collective term for
absolute pardon, conditional pardon and
commutation of sentence.

Pardon – an act of grace proceeding from the
power entrusted with the execution of the laws
which exempts the individual on whom is to
bestowed from the punishment the law inflicts
for a crime he has committed: pardoning power
is exercised by the President.
Kinds of Pardon
1) Absolute pardon- the extinction of the
criminal liability of the individual to
whom it is granted without any condition/
and restores to the individual his civil
rights.
2) Conditional pardon- - the extinction of
the criminal liability of the individual
within certain limits or conditions/ from
the punishment which the law inflicts for
the offense he has committed.
Effects of Pardon
1) It removes penalties and disabilities and
restores full civil and political rights;
2) It does not discharge the civil liability of
the convict to the individual he has
wronged, as the President has no power to
pardon a private wrong;
3) It does not restore officers, property or
rights vested in other in consequence of
the conviction. Under our law, as a pardon
shall not work the restoration of the rights
to hold public office or the right of
suffrage unless such rights be expressly
restored by the pardon.
4) In case of violation of election law or rules
and regulations, no pardon, parole or suspension
of sentence may be granted without the
recommendation of the Commission on
Elections.
Eligibility for Conditional Pardon
He must have served at least one half
(1/2) of the minimum of his indeterminate
sentence or the following portions of his prisons
sentence:
 At least two (2) years of
minimum sentence of
convicted of Murders or
Parricide but not sentenced to
Reclusion Perpetua
14
 At least one (1) year of
minimum sentence if convicted
of Homicide
 At least nine (9) months if
convicted of Frustrated
Homicide
 At least six (6) months if
convicted of Attempted
Homicide
Commutation of sentence- an executive
clemency changing a heavier sentence to a less
serious one, or a longer prison sentence
consisting of Reclusion Perpetua.
Eligibility for commutation of sentence
He must have severed at least one third
(1/3) of the minimum of his indeterminate
sentence or the following portions of his prison
sentence consisting of Reclusion Perpetua:
 At least ten (10) years if
convicted of Robbery with
Homicide. Robbery with Rape.
Or Kidnapping with Murder
 At least eight (8) years
convicted of Simple Murder,
Parricide, Rape or violation of
anti-drug laws
 At least twelve (12) years if
given two or more sentences of
Reclusion Perpetua
 At least twenty (20) years in
case of two (2) sentences of
Reclusion Perpetua provided
that at least one (1) of the
sentences had been
automatically commuted from
a death sentence
Reprieve- the postponement of the execution of
a death sentence
Amnesty – an act of the sovereign power
granting oblivion or general pardon for a past
 15

offense usually granted in favor of certain classes

of persons who have committed crimes of a Teodolo Natividad- father of Philippines
political character such as treason, sedition or probation
rebellion.
Act No. 4221- the first probation law enacted on
Parole – a method by which prisoners who has 7 August 1935 declared unconditional on 16
served a portion of his sentences is conditionally November 1937 by the landmark case People vs
released but remains in legal custody, the Vera 37 O.G 164
condition being in case of misbehavior, ha shall
be imprisoned PD 968- otherwise known as Probation Law of
1976
Eligibility for Parole
E. COMMUNITY
A prisoner shall be eligible for the grant
of parole upon showing that is confined in jail or
prison to serve indeterminate prison sentences, RA 7160- the law that created the Katarungang
the maximum period of which exceeds one (1) Pambarangay ( Barangay Justice System)
year, pursuant to final judgment of conviction
and that he has served the minimum period of Jurisdiction of the Barangay
said sentences less the good conduct time
allowance earned. 1) offenses
punishable
Good Conduct time Allowance – the statutory
shortening of the maximum sentence of an by
inmate because of good behavior: granted by the
imprisonm
Director of Prisons
ent not
Allowance for good conduct
exceeding
The good conduct of any prisoner of one (1)
any penal institution shall entitle him to the
year
following deduction from the period of his
sentence: 2) fine not
exceeding
First two years= 5 days deduction five
for each month (60 days, year) thousand
3rd to 5th year= 8 days pesos (P 5,
deduction for each month (96 days, year) 000.00)
th th
6 to 10 = 10 days deduction
for each month (120 days, year)
11th year onwards= 15 days for Lupon – shall be composed of ten (10) to twenty
members appointed by Barangay Chairman.
each month (180 days, year)
Qualification of Lupon members
Probation a disposition under which defendant,
after conviction and sentence, is released subject 1. any person actually residing or working
to the condition imposed by the court and to the in the barangay
supervision of a probation officer, derived from 2. possessing integrity, impartially,
the independence of mind, sense of fairness
Latin word “probare” which means “to prove” and reputation of probity
3. has expressed his willingness to serve
John Augustus- father of modern probation as member
 16

4. not otherwise disqualified by the law

Cases or disputes that are not the subject

matter for amicable settlement by the Lupon

1. where one party is the government or

any subdivision
2. where one party is a public officer or
employees and the disputes relates to
the performance of his official functions
3. offences punishable by imprisonment
exceeding one (1) year or fine
exceeding P5,000.00
4. offences where is no private offended
party
5. disputes involving parties actually
reside in barangays of different cities or
municipalities, unless the parties thereto
agree to submit their differences to
amicable settlement by an appropriate
Lupon

Cause of Action – an act or omission of one

party in violation of the legal rights of the other
for which the latter suffers damage which affords
a party to a right judicial intervention.

Arbitration – the settlement of disputes by a

person chosen hear by both sides and to come to
a decision