Rules on Evidence

Introduction:

Provide a brief overview of the lesson

RULE 128 – GENERAL PROVISIONS

Section 1. Evidence defined. Evidence – is the means, sanctioned by these rules, of

ascertaining in a judicial proceeding the truth respecting a matter of fact.

Section 2. Scope – The rules of evidence shall be the same in all courts and in all trials
and hearings, except as otherwise provided by law or these rules.

Section 3. Admissibility of evidence – Evidence must have such a relation to the fact
in issue and is not excluded by the law or these rules.

Section 4. Relevancy: collateral matters – Evidence must have such a relation to the
fact in issue as to induce belief in its existence or non-existence. Evidence
on collateral matters shall not be allowed, except when it tends in any
reasonable degree to establish the probability or improbability of the fact in
issued.

RULE 129 – WHAT NEED NOT BE PROVED

Section 1. – Judicial notice, when mandatory. A court shall take judicial notice, without
the introduction of evidence, of the existence and territorial extent of states,
their political history, forms of government and symbols of nationality, the
law of nations, the admiralty and maritime courts of the world and their seals,
the political constitution and history of the Philippines, the official acts of the
legislative, executive and judicial departments of the Philippines, the laws
nature, the measure of time, and the geographical divisions.

Section 2. – Judicial notice, when discretionary. A court may take judicial notice of
matters which are of public knowledge, or are capable of questionable
demonstration, or ought to be known to judges because of their judicial
functions.
Section 3. – Judicial notice, when hearing necessary, During the trial, the court, on its
own initiative, or on request of a party, may announce its intention to take
judicial notice of any matter and allow the parties to be heard thereon.

RULE 130. – RULES OF ADMISSIBILITY

A. Object (Real) Evidence

Section 1. Object as evidence – Objects are those addressed to the senses of the court.
When n object is relevant to the fact in issue, it may be exhibited to, examined
or viewed by the court.

 Physical evidence is a mute but eloquent manifestation of truth, and it ranks high
in the hierarchy of our trustworthy evidence. For this reason, it is regarded as
evidence of the higher order. It speaks more eloquently than a hundred witnesses.
(People v. Whisenhunt, GR No. 123819)

 Negative results of the paraffin test do not conclusively show that a person did not
discharge a firearm at the time the crime was committed for the absence of nitrates
is possible if a person discharged of firearm with gloves on, or if he thoroughly
wash his hand therafter. The absence of powder burns in s suspect’s hand is not
conclusive proof that he has not fired a gun. (People v. Balleras, GR No. 134564)

B. Documentary Evidence

Section 2. Documentary evidence – Documents as evidence consist of writings or any

material containing letters, words, numbers, figures, symbols or other modes
of written expressions offered as proof of their contents.

1. Best Evidence Rule

Section 3. Original document must be produced, exceptions._ When the subject of

inquiry is the contents of a document, no evidence shall be admissible other
than the original document itself, except in the following cases:

a. When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
b. When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice;
 c. When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole; and
d. When the original is a public record in the custody of a public officer or is
recorded in a public office.

Section 4. Original of document.

a. The original of a document is one of the contents of which are the subject of inquiry
b. When a document is in two or more copies executed at or about the same time,
with identical contents, all such copies are equally regarded as originals
c. When an entry is repeated in the regular course of business, one being copied
from another at or near the time of the transaction, all the entries are likewise
equally regarded as originals.

2. Secondary Evidence

Section 5. When original document is unavailable. – When the original document hs

been lost or destroyed, or cannot be produced in court, the offeror, upon
proof of its execution or existence and the cause of its unavailability without
bad faith on his part

a. May prove its contents by a copy , or

b. By a recital of its contents in some authentic document, or
c. By the testimony of witness in the order stated.

Section 6. When original document is in adverse party’s custody or control. – If the

document is in the custody or under the control of the adverse party, he must
have reasonable notice to produce it. If after satisfactory proof of its
existence, he fails to produce the document, secondary evidence may be
presented as in the case of its loss.

Section 7. Evidence admissible when original document is a public record. – When

the original of a document is in the custody of a public officer or is recorded
in a public office, its contents may be proved by a certified copy issued by
the public officer in custody thereof.

3. Parol Evidence Rule

Section 9. Evidence of written agreements. – When the terms of an agreement have

been reduced to writing, it is considered as containing all the terms agreed
 upon and there can be, between the parties and their successors in interest,
no evidence of such terms other than the contents of the written agreement.

However, a party may present evidence to modify, explain or add to the terms of the
written agreement if he puts puts in issue in his pleading;

a. An intrinsic ambiguity, mistake or imperfection in the written agreement;

b. The failure of the written agreement to express the true intent and agreement of
the parties thereto;
c. The validity of the written agreement; or
d. The existence of other terms agreed to by the parties or their successors in interest
after the execution
 The term “agreement” includes wills.

4. Interpretation of Documents

Section 10. Interpretation of writing according to its legal meaning. – The language
of writing is to be interpreted according to the legal meaning it bears in the
place of its execution, unless the parties intended otherwise.

Section 11. Instrument according to intention; general and particular provisions. –

In the construction of an instrument, the intention of the parties is to be
pursued; and when a general and particular provision is inconsistent, the
latter is paramount to the former. So a particular intent will control a general
one that is inconsistent with it.

Section 15. Written words control printed. – When an instrument consists partly of
written words and partly of a printed form, and the two are inconsistent, the
former controls the latter.

Section 16. Experts and Interpreters to be used in explaining certain writings. –

When the characters in which an instrument is written are difficult to be
deciphered, or the language is not understood by the court, the evidence of
persons skilled in deciphering the characters, or who understand the
language, is admissible to declare the characters or the meaning of the
language.

Section 17. Of two constructions, which preferred. – When the terms of an agreement
have been intended in a different sense by the different sense by the
 different parties to it, that sense is to prevail against either party in which
he supposed the other understood it, and when different constructions of a
provision are otherwise equally proper, that is to be taken which is the most
favorable to the party in whose favor the provision was made.

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Section 20. Witnesses; their qualifications. – Except as provided in the next

succeeding section, all persons who can perceive, and perceiving, can
make known their perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or

conviction of a crime unless otherwise provided by law, shall not be ground
for disqualification.

Section 21. Disqualification by reason of mental incapacity or immaturity. – The

following persons cannot be witnesses:

a. Those whose mental condition, at the time of their production for examination, is
such that they are incapable of intelligently making known their perception to
others;
b. Children whose mental maturity is such as to render them capable of perceiving
the facts respecting which they are examined and of relating them truthfully.

Section 22. Disqualification by reason of marriage. – during their marriage, neither

the husband nor the wife may testify for or against the other without the
consent of the affected spouse, except in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other
or the latter’s direct descendants or ascendants.

Section 23. Disqualification by reason of death or insanity of adverse party. (Dead

man’s statute rule) – Parties or assignors of parties to a case, or persons
in whose behalf a case is prosecuted, against an executor or administrator
or other representative of a deceased person, or against a person of
unsound mind, upon a claim or demand against the estate of such
deceased person or against such person of unsound mind cannot testify as
to any matter of fact occurring before the death of such deceased person
or before such person became of unsound mind.
Section 24. Disqualification by reason of privileged communication. – The following
persons cannot testify as to matters learned in confidence in the following
cases:

a. The husband or the wife, during or after the marriage, cannot be examined without
the consent of the other as to any communication received in confidence by one
from the other during the marriage except in a civil case by one against the other,
or in a criminal case for a crime committed by one against the other or the latter’s
direct descendants or ascendants.
b. An attorney, without the consent of his client
c. A medical practitioner, without the consent of the patient in civil case
d. A minister or priest without the consent of a person making the confession
e. A public officer during and after his term, as to communications made to him in
official confidence, when the court finds that the public interest would suffer by the
disclosure.

2. Testimonial Privilege
Section 25. Parental and filial privilege. – No person may be compelled to testify
against his parents, other direct ascendants, children or other direct
descendants.

3. Admissions and Confessions

Section 26. Admissions of a party. – The act, declaration or omission of a party as to

a relevant fact may be given in evidence against him.

 One type of act that can be given in evidence against him is flight. The unexplained
flight of the accused person may, as a general rule, be taken as evidence having
tendency to establish his guilt. In short, flight is an indication of guilt. (People v.
Licayan, GR No. 1444222)

 An admission is inadmissible in evidence under Art. III Sec. 12 (1) and (3) of the
Constitution if it was given under custodial investigation and was made without the
assistance of counsel. However, if the defense is deemed to have waived objection
to its admissibility. (People v. Samus, GR No. 135957)

Section 27. Offer of Compromise not admissible. – In civil cases, an offer of

compromise is not an admission of any liability, and is not admissible in
evidence against the offeror.
 In criminal cases, except those involving quasi-offenses (criminal
negligence) or those allowed by law to be compromised, an offer of
compromise by the accused may be received in evidence as an implied
admission of guilt.

Section 28. Admission by third-party.- The rights of a party cannot be prejudiced by an

act, declaration, or omission of another, except as hereinafter provided:

a. Admission by co-partner or agent – The act or declaration of a partner or agent of

the party within the scope of his authority and during the existence of a partnership
or agency, may be given in evidence against such party after the partnership or
agency is shown by evidence other than such act or declaration.

b. Admission by conspirator – The act or declaration of a conspirator relating to the

conspiracy and during its existence, may be given in evidence against the co-
conspirator after the conspiracy is shown by evidence other than such act or
declaration.

c. Admission by privies – where one derives title to property from another, the act,
declaration, or omission of the latter, while holding the title, in relation to the
property, is evidence against the former

d. Admission by silence – An act or declaration made in the presence and within the
hearing or observation of a party who does or says nothing when the act or
declaration is such as naturally to call for action or comment if not true, and when
proper and possible for him to do so, may be given in evidence against him

e. Confession – The declaration of an accused acknowledging his guilt of the offense

charged, or of any offense necessarily included therein, may be given in evidence
against him.

4. Previous Conduct as Evidence

Section 34. Similar acts as evidence. – Evidence that one did or did not do a certain
thing at one time is not admissible to prove that he did or did not do the
same or a similar thing at another time; but it may be received to prove a
specific intent or knowledge, identity, plan, system, scheme, habit, custom
or usage, and the like.

5. Testimonial Knowledge
 Section 36. Testimony generally confined to personal knowledge; hearsay
excluded. – A witness can testify only to those facts which he knows of his
personal knowledge, that is, which are derived from his own perception,
except as otherwise provided in these rules.

6. Exceptions to the Hearsay Rule

Section 37. Dying declaration – The dying declaration of a dying person, made under
the consciousness of an impending death, may be received in any case
wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.

Section 38. Declaration against interest – The declaration made by person deceased,
or unable to testify, against the interest of a declarant, if the fact asserted
in the declaration was at the time it was made so far contrary to declarant’s
own interest, that a reasonable man in his position would not have made
the declaration unless he believed it to be true, may be received in
evidence against himself or his successors in interest and against third
persons.

Section 39. Act or declaration about degree. – The act or declaration of a person
deceased, or unable to testify, in respect to the pedigree of another
person related to him by birth or marriage, may be received in evidence
where it occurred before the controversy, and the relationship between
the two persons is shown by evidence other than such act or declaration.
The word “pedigree” includes relationships, family genealogy, birth,
marriage, death, the dates when and the places where these facts
occurred, and the names of the relatives.

Section 40. Family reputation or tradition regarding pedigree. - The reputation or

tradition existing in a family previous to the controversy, in respect to the
pedigree of any one of its members, may be received in evidence. If the
witness testifying thereon be also a member of the family, either by
consanguinity or affinity. Entries in family bibles or other family books or
charts, engraving on rings, family portraits and the like, may be received
as evidence of pedigree.

Section 41. Common reputation. – Common reputation in existing previous to the

controversy, respecting facts of public or general interest more than thirty
years old, respecting marriage or moral character, may be given in
evidence. Monuments and inscriptions in public places may be received as
evidence of common reputation.
Section 42. Part of res gestae.- Statements made by a person while a startling
occurrence is taking place or immediately prior or subsequent thereto with
respect to the circumstances thereof, may be given in evidence as part of
the res gastae. So, also, accompanying an equivocal act material to the
issue, and giving it a legal significance, may be received as part of the res
gastae.

Section 43. Entries in the course business – Entries made at, or near the time of the
transactions to which they refer, by a person deceased, or unable to testify,
who was in a position to know the facts therein stated, may be received as
prima facie evidence, if such person made the entries in his professional
capacity or in the performance of duty and in the ordinary or regular course
of business or duty.

Section 44. Entries in official records

Section 45. Commercial lists and the like

Section 46. Learned treatises

Section 47. Testimony or deposition at a former proceeding

7. Opinion Rule

Section 48. General Rule. The opinion of a witness is not admissible, except in the
following sections.

Section 49. Opinion of expert witness. The opinion of a witness on a matter requiring
special knowledge, skill, experience or training which he is shown to
posses, may be received in evidence.

Section 50. Opinion of ordinary witnesses. The opinion of a witness for which proper
basis is given, may be received in evidence regarding-

a. The identity of a person about whom he has adequate knowledge

b. A handwriting with which he has sufficient familiarity; and
c. The mental sanity of a person with whom he is sufficiently acquainted
 The witness may also testify on his impressions of the emotions, behavior,
condition or appearance of a person.

RULE 133 – WEIGHT AND SUFFICIENCY OF EVIDENCE

Section 1Preponderance of evidence, how determined. – In civil cases, the party
having the burden of proof must establish his case by a preponderance of evidence
(superior weight of evidence on the issues involved)

Section 2. Proof beyond reasonable doubt. – In a criminal case, the accused is entitled
to an acquittal unless his guilt is shown beyond reasonable doubt (that degree of proof
which produces conviction in an unprejudicial mind).

Section 3. Extrajudicial confession, not sufficient ground for conviction. – An

extrajudicial confession made by an accused, shall not be sufficient ground for conviction,
unless corroborated evidence of corpus delicti.

 The court, with its constant tryst with retracting confessants, has drawn the
cardinal requirements for an extra-judicial confessions to be admissible to wit:
a. The confession must be voluntary
b. The confession must be made with the assistance of a competent and independent
counsel, preferably to the confessants choice
c. The confession must be express
d. The confession must be in writing

Section 4. Circumstantial evidence, when sufficient. – Circumstantial evidence Is

sufficient for conviction if:

a. There is more than one circumstance

b. The facts from which the inferences are derived are proven
c. The combination of all circumstances is such as to produce a conviction beyond
reasonable doubt
 The fact that there was bloodstain on the accused’s clothing could not be taken
as an indication of guilt on his part. At most, this piece of circumstantial evidence
that may lead to suspicion. But courts do not rely on circumstantial evidence to
lead conviction; it must do more than just raise the mere possibility or even
probability of guilt. It must engender moral certainty. (People v. Asis GR No.
142531)

Section 5. Substantial evidence. – In cases filed before administrative or quasi-judicial

bodies, a fact may be deemed established if it is supported by substantial
evidence (that amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion).

Procedures in handling evidence confiscated during conduct of greyhound

operation, searching inspection, handling confiscated drugs and other
contrabands such as cigarettes, liquor, etc.
 Legal Forms

Introduction

Presents objectives of the subject, the preparation of various instruments/documents with

the prescribed forms as indispensable legal requirements for their validity.

The Art of Conveyancing and of Drafting Documents and Pleadings

Drafting legal documents is an art. This art requires brevity and clearness of legal
expression, so as to avoid future legal complications and useless lawsuits. A sensible
notary need not draft a document by simply copying one from a book of legal forms; he
should read the statutory provisions governing a particular kind of transaction on hand,
and then proceed to draft his document in accordance with the law and the particular facts
of the case, --- briefly, clearly and accurately.

The following are some of the cardinal rules in drafting legal documents:

1. The usual commencement of a contract should be: “This Agreement” “An

Agreement” or “Articles of Agreement” although it is better to state the particular kind of
contract or agreement to be drafted as “This Mortgage”, “This Contract of Sale”, This
Contract of Lease”, etc.

2. The full names of the parties, their capacity, civil status and their residences
should come next. A logical order in which parties are to be named in the document must
be observed. Thus, in a deed of conveyance, the name of the seller, mortgagor, or grantor
must first be stated; in employment contracts, the name of the employer usually comes
first.

3. The principal or operational clauses of the document should be stated in

separate, numbered paragraphs to facilitate ready reference thereto.

4. Verbosity should be avoided.

5. Specific or technical terms which have special meanings in the document

should be especially defined.
 6. Names of parties should be repeated, where the use of pronouns would give
rise to ambiguity.

7. The document must be neat, free from erasures, interlineations, or suspicions

of alterations.

8. A clause may be inserted at the end of an agreement that “this contract shall
extend and be binding upon the parties thereto, their executors, administrators and
assigns.”

9. The place and date of execution of the document usually come last, and may
be stated thus: “Signed in the City of Manila, Philippines, this _____day of ___________,
2011.”

Any instrument notarized by a notary public or a competent official with the

solemnities required by law is a “public document” (Bermejo vs. Barrios, 31 SCRA 764).

A duly Notarized Document becomes a “Public Document”

A notarial document is evidence of the facts in clear unequivocal manner therein

expressed. It has in its favor the presumption of regularity. To contradict all these, there
must be evidence that is clear, convincing and more than merely preponderant (Cabrera
v. Villanueva, 160 SCRA 672). Written admissions, especially those stipulated in court
and certified to by the seal of a notary public, have always been considered as evidence
of the highest order against those making them (Valencia v. Tantoco, 99 Phil. 824).

It can be assumed that prior to notarization, the notary public, in the regular
performance of his duties, would have verified from the affiants themselves the veracity
of the contents of their affidavit (Asuncion v. CA, 150 SCRA 353,363).

Presumption of regularity in the performance of his duties favors a notary public. A

notarized document is presumed to be genuine and authentic until proven otherwise by
clear and convincing evidence (Dy v. Sacay, 165 SCRA 473, 481). But once evidence is
shown that a notary public has violated his oath, the Court will not hesitate to punish him.

A witness’ gratuitous testimony cannot prevail over the recitals in a notarized

document. The recital in a public instrument celebrated with all the legal formalities under
the safeguard of a notarial certificate is evidence against the parties and a high degree of
proof is necessary to overcome the legal presumption that such recital is true (Castillo
v. Castillo, 95 SCRA 40, 54-55).
 Notaries Public have the general authority to administer oaths under
Commonwealth Act No. 270 as amended by Commonwealth Act No. 641.

Is MTC or MCTC Judge allowed to act as Notary Public?

ANS: As a rule, MTC and MCTC Judges may NOT act as Notary Public. However, in
municipalities with no lawyers or notaries public, they may act in their capacities as notary
public ex officio within the territorial limits of the municipalities over which they exercise
jurisdiction.

LEGAL BASES: Republic Act No. 6031, In re Pallugna, 43 SCRA 446 (1972) and

In Administrative Matter No. 89-11-1303 MTC dated 19 January 1990, the

Supreme Court issued a resolution as follows:

x x x

However, the Court, taking judicial notice of the fact that there are still municipalities
which have neither lawyers nor notaries public, rules that MTC and MCTC judges
assigned to municipalities or circuits with no lawyers or notaries public may, in their
capacity as notaries public ex officio, perform any act within the competency of a regular
notary public, provided that:

(1) all notarial fees charged be for the account of the Government and turned over to
the municipal treasurer, and (2) certification be made in the notarized documents attesting
to the lack of any lawyer or notary public in such municipality or circuit.”

Jurisdiction and Powers of Notaries Public

The jurisdiction of a notary public in a province shall be co-extensive with the

province. The jurisdiction of a notary public in the City of Manila shall be co-extensive with
said city. No notary shall possess authority to do any notarial act beyond the limits of his
jurisdiction.

LEGAL BASES: Tecson v. Tecson, 1935, (61 Phil 781) and Section 240, Rev.
Administrative Code which provides among others that an acknowledgment taken
outside the territorial limits of the officer’s jurisdiction is void as if the person taking it were
wholly without official character, the document so acknowledged must be regarded
merely as a private document.
 Pleading --- is any written legal document verified by an affidavit stating that the
person verifying has read the same and that the allegations thereof are true of his own
knowledge. Verifications based on “information and belief” or upon “knowledge,
information and belief” shall be deemed insufficient (Rule 7, Sec. 6 Revised Rules of
Court).

Verification --- is an averment by the party making a pleading that he is prepared

to establish the truth of the facts which he has pleaded.

Jurat --- is that part of an affidavit where the officer certifies that the same was
“sworn” before him.

SS is the abbreviation of “Scilicet” which means “to wit; namely.” It is used to

particularize a general statement. Thus: “Republic of the Philippines, SS, City of
Manila. The omission of “SS” in a legal document is not material so as to invalidate it
(McCord, et al., vs. Glenn, 6 Utah 139, 21 Pac. 500).

The letters “SS” also means “subscripsi” used in the old days in signing
important documents. Thus, it was used in the Bull of Pope Innocent III, accepting King
John’s final grant of his kingdoms (England and Ireland) to the Roman Church, dated at
St. Peter’s, Rome, April 21, 1214, when King John became a Vassal (Exhibit in the
British Museum, London).

Acknowledgment --- is the act of one who has executed a deed, in going before
some competent officer or court and declaring it to be his act or deed. The function of an
acknowledgment is two-fold:

1. To authorize the deed to be given in evidence without further proof of its

execution;
2. To entitle it to be recorded.
Different kinds of Legal Forms:

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This instrument is executed by and between:

______________________, of legal age, married and a resident of B 63 L

4 Mabuhay Homes 2000, Salawag, Dasmarinas City, Cavite and hereafter referred to as
the VENDOR;

-and-

________________________, of legal age, married and a resident of

Malimatoc 2, Mabini, Batangas and hereafter referred to VENDEE

WITNESSETH:

That for and in consideration of the sum of THREE HUNDRED FIFTY

THOUSAND PESOS (P350, 000.00), Philippine Currency in hand paid to the VENDOR
and receipt of which is hereby acknowledged, the VENDOR being the lawful and
registered owner of a Gun/Firearm as described below has SOLD, TRANSFERRED and
CONVEYED, and by these presents do hereby SELL, TRANSFER and CONVEY unto
the VENDEE,________________, his heirs, assigns and successors in interest, a Short
Firearm which is more particularly described as follows:

Make : TAURUS PT145 PRO

Kind : PISTOL
Model : CALIBER 45
FA Lic. No. : 361345I1615938
Serial No. : NAP 81402

That I further declare that the said Firearm is free from all liens and/or
encumbrances and shall defend its ownership from any or all claims whatsoever.

IN WITNESS WHEREOF, the parties hereto have signed these presents,

this______day of February 2009 in Dasmarinas City, Philippines.
 GEREON F FETALVERO JOEL B MARTINEZ

Vendor Vendee

W I T N E S S E S:

________________________ _________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF DASMARINAS ) S. S.

BEFORE me, a Notary Public personally appeared, Mr. __________, with

Community Tax Certificate No. ______________issued on _________ at Dasmarinas
City and Mr._______________, with Community Tax Certificate No.________________
issued on ___________ at Batangas, both of whom are personally known to me to be the
same persons who executed the foregoing instrument and they acknowledged to me that
the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and place above written.

NOTARY PUBLIC

Doc. No. ________

Page No. ________
Book No. ________
Series of 2010

Republic of the Philippines) S. S.

General Trias, Cavite…….)

CONTRACT OF WORK
KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, made and entered into in the municipality of General Trias,
Cavite this 22nd day of October 2009 by and between:

GENERAL TRIAS MUNICIPAL JAIL, represented by __________________,

in his official capacity as Warden, with office address at Brgy. Sampalocan, General Trias,
Cavite and hereinafter referred to as OWNER;

and

_________________________, of legal age and residing at Tazang Luma

I,Imus, Cavite and hereinafter referred to as CONTRACTOR/MANAGER.

WITNESSETH:

That for and in consideration of the sum of Three Hundred Sixty Thousand
(Php 360,000.00) Philippine Currency which the OWNER agrees to pay unto the
CONTRACTOR/MANAGER, the said CONTRACTOR agrees and undertakes to
construct and assemble for the OWNER One (1) Unit Hummer-type 24 passenger
Prisoner’s Van of strong materials, the plan and specifications of which are hereto
attached and made part of this contract, marked as Annex “A” and Annex “B”,
respectively.

That the CONTRACTOR agrees to pay for all permits and licenses necessary
for this work/construction including expenses incurred thereof;

That the OWNER shall pay in cash the sum of Three Hundred Sixty
Thousand Pesos (Php 360,000.00) to the CONTRACTOR as full payment upon the
signing of this agreement.

That the CONTRACTOR agrees to finish the construction/work of said vehicle

within Sixty (60) Calendar days, counted from the effectivity of the contract and should
said CONTRACTOR fail to finish the work within the said period, he (the contractor) shall
indemnify the OWNER the sum of Five Hundred Pesos ( Php500) Philippine Currency
for each day of delay as liquidated damages.

Signed in General Trias, Cavite, this 22nd day of October 2009.

_______________________ __________________________

Representative of Gen. Trias Municipal Jail MANAGER/

 OWNER CONTRACTOR

ACKNOWLEDGMENT

Republic of the Philippines )

General Trias, Cavite……..) S. S.

BEFORE me, a Notary Public personally appeared, Mr. ________________,

with Community Tax Certificate No. CC12009 01027645 issued on 07 March 2009 at
Gen. Trias, Cavite and Mr. _______________________, with Community Tax Certificate
No. CC12009 06664271 issued on 21 October 2009 at Imus, Cavite, both of whom are
personally known to me to be the same persons who executed the foregoing instrument
and they acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and place above written.

NOTARY PUBLIC

Doc. No. ________

Page No. ________
Book No. ________
Series of 2009

Republic of the Philippines) S. S.

Dasmarinas City, Cavite....)

AFFIDAVIT OF LOSS
 I, _______________, of legal age, married, residing at DCJ Compound,
Congressional Road, Dasmarinas City, Cavite after having been sworn to in accordance
with law, do hereby depose and state:

THAT I am a member of the Bureau of Jail Management and Penology and

presently assigned at Dasmarinas City Jail--BJMPRO-IVA;

THAT on 02 February 2010 at around 8:30am while I was in the house of my

friend, a robbery incident took place when an unidentified culprit forcibly destroyed the
padlock of front gate and detached the jalousy window and used the same as the point
of entry;

THAT as a consequence, I noticed that my wallet containing BJMP ID,

BJMPMBAI ID, TIN ID, PRC ID, ATM Cards and other equally important IDs’ including a
considerable amount of cash were missing;

THAT I have exerted diligent efforts in trying to look for my wallet venturing every
inch of possibility to locate the same, unfortunately, it being one of the items taken away
by the robber;

THAT shortly thereafter, I immediately proceeded to the Police Station to report

the incident and have it appeared on police blotter; (Pls. see police blotter hereto
attached for reference.)

THAT said items are now beyond recovery.

FURTHER, AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 08th day of March
2010 in Dasmarinas City, Cavite.

_____________________

Affiant

SUBSCRIBED AND SWORN to before me in Dasmarinas City this _____ of

March 2010 with Residence Certificate No._______________issued at Dasmarinas City
on March 2010.
 Notary Public

Doc. No. ________

Page No. ________
Book No. ________
Series of 2009

Republic of the Philippines

Department of the Interior and Local Government
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
Regional Office IV-A
Dalahican Road, Ibabang Dupay Lucena City

RESOLUTION

A RESOLUTION REQUESTING THE CHAIRMAN OF THE BOARD AND ITS

MEMBERS TO CALL A SPECIAL MEETING FOR THE PURPOSE OF AMENDING OR
REVISING THE EXISTING BJMPMBAI BY-LAWS OR ADOPTION OF A NEW
BJMPMBAI BY-LAWS AND TO SERIOUSLY CONSIDER AS SUCH

WHEREAS, under Section 48 of the Corporation Code, the Board of Directors or

Trustees, by majority vote thereof, and the owners of at least a majority of the members
of a non-stock corporation at a regular or special meeting duly called for the purpose, may
amend or repeal any by-laws or adopt new by-laws;

WHEREAS, the Supreme Court in the case of Gokongwei, jr. v. SEC, 89 SCRA
336, discussed the existing theory on the power of the corporation to adopt and amend
by-laws and it is recognized by all authorities that every corporation has the inherent
power to amend or adopt as such “for its internal government, and to regulate the conduct
and prescribe the rights and duties of its members towards itself and among themselves
in reference to the management of its affairs”;

WHEREAS, the foregoing legal fiat empowers the undersigned members to

propose amendments to or revision of the existing by-laws of the BJMPMBAI as it needs
to be revisited to introduce much needed changes to directly address the clamor of its
members to make it more democratic and most importantly, to protect them from
manipulative scheming of the few and the powerful;
 WHEREAS, to dispel fears or any suspicion of promoting vested interests over
interest of the overwhelming majority of BJMPMBAI members and to make it more
receptive to the present demands of its members, it is therefore high time to articulate to
the present Board and incumbent officers with greater force and cogency the necessary
amendments or revision for them to seriously consider;

WHEREAS, considering that proposal to amend or revise BJMPMBAI by-laws is

brewing and not wishing to wait forever, it may be most expedient to amend or revise the
existing BJMPMBAI by-laws at the earliest time possible;

NOW THEREFORE, Be it RESOLVED, as it is hereby resolved in unison by the

undersigned BJMPMBAI MEMBERS of this region to respectfully request the incumbent
BJMPMBAI Board of Directors and Officers to call a special meeting for the purpose
of introducing amendments or revision to the existing BJMPMBAI by-laws or adopt the
herein draft of a new by-laws.

UNANIMOUSLY APPROVED AS SHOWN BY THE SIGNATURES OF THE

MEMBERS.

Done at the BJMPRO IV-A, Dalahican Road, Ibabang Dupay, Lucena City,
Philippines this 21st day of June 2010.

AUTHORIZATION

TO WHOM IT MAY CONCERN:

The undersigned hereby authorizes the bearer, _________________ to make

representation before your good office for and in my behalf purposely to take hold or
obtain the undersigned’s Medical Records which will serve as basis to secure Court Order
as he needs to undergo medical procedure as per recommendation by attending
physician during Medical Mission held on 25 June 2010.

I hereby affixed my signature to attest the foregoing authority or representation.

___________________________

Detainee-Dasma City Jail

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF DASMARINAS

PROVINCE OF CAVITE

PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. ___________

-versus- for

_____________________________ THEFT

Accused.

x--------------------------------------------x

Motion for Reduction of Bail

COMES NOW, the Movant on her own initiative and unto this Honorable Court,
respectfully avers:
 1. That the Movant is the accused in the above-captioned criminal case docketed
under Criminal Case No. ________ for Theft alleging therein that she stole display items
worth One Thousand and Ten Pesos (Php 1,010.00) only;

2. That the Movant was rushed to the Cavite Provincial Hospital in the early morning
of 07 August 2010 (Saturday) and on the same day, she was able to deliver her Fourth
child through Cezarean Section (CS) and having such frail condition and being presently
detained at Dasmarinas City Jail, it is much difficult for her to take good care of her new
born baby inside jail for it is not allowed and without to mention the risk of possible
infection as the place is not conducive and habitable for such a month-old baby;

3. That the Movant lives each day in a hand-to-mouth existence for being an
orphan and jobless, and not long before her incarceration, she was abandoned by her
husband and now, the movant is living in a life that is so miserable and on the verge of
hopelessness;

4. That in order for the movant to effectively fulfill her motherly duties and most
importantly, for the best interest of her child, the herein movant seeks judicial compassion
to grant her prayer and other relief deemed appropriate by this Honorable Court under
the premises.

WHEREFORE, it is respectfully prayed before this Honorable Court that the bail
recommended BE REDUCED ACCORDINGLY to TWO THOUSAND PESOS (Php
2,000.00) in a form of a CASH BOND. Further, it is likewise prayed for that upon Movant’s
release, she be turned-over to City Social Welfare Development Office of Dasmarinas
City for any help deemed appropriate to her and the child.

09 August 2010, Dasmarinas City, Cavite.

__________________________

Accused-Movant

The Branch Clerk of Court

MTC Dasmarinas City

G R E E T I N G S. . .

Please immediately submit the foregoing motion upon receipt hereof for
consideration of this Honorable Court.

____________________________

Accused-Movant

REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 20
IMUS, CAVITE

PEOPLE OF THE PHILIPPINES

Plaintiff, Criminal Case No. ________

-versus- for

____________________________ ROBBERY WITH VIOLENCE

Accused.

x--------------------------------------------x

Motion for Immediate Issuance of Release Order

COMES NOW, the Movant on her own initiative as the mother of herein accused
and unto this Honorable Court, respectfully avers:
 1. That the Movant is the mother of the above-named accused captioned under
Criminal Case No. _________ charged for Robbery and said accused has been
incarcerated since 08 January 2010;

2. That because of the accused worsening health condition and by virtue of this
Honorable Court’s Order, he was brought to St Paul Hospital, beside Dasmarinas City
Jail for medical examination, treatment or possible confinement;

3. That as per Doctor’s recommendation based on the laboratory result conducted,

said accused (my son) was diagnosed to have RENAL FAILURE, TUBERCULOSIS,
MALNOURISH and with KIDNEY problem and the seriousness of his medical condition
brings to the mind of the attending doctor, the urgency for accused confinement, hence
he is still confined in said hospital;

4. That on 28 October 2010, the good fortune smiles at him, when this Honorable
Court granted the prayer of the movant for the Provisional Dismissal of the above-entitled
case against her son, the herein accused;

5. That in the highest interest of substantial justice and if only to give life to
SUPREME COURT MEMORANDUM ORDER NO.19-2004 issued on 02 April 2004
which direct Trial Judges to immediately issue Order of Release after the dismissal of the
case of the accused, the herein movant seeks judicial compassion to grant her prayer
and other relief deemed appropriate by this Honorable Court under the premises;

WHEREFORE, view from the foregoing consideration, it is therefore respectfully

prayed before this Honorable Court that this Motion BE GRANTED and the issuance of
Release Order BE LIKEWISE IMMEDIATELY ORDERED.

29 October 2010, Imus, Cavite.

_______________________

Movant
The Branch Clerk of Court
RTC Branch 20, Imus, Cavite

G R E E T I N G S. . .

Please immediately submit the foregoing motion upon receipt hereof for
consideration of this Honorable Court.

_____________________

Movant

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ______________________________, of legal age, married, residing at

_________________________________, do hereby name, constitute, and appoint
_____________________________________, of legal age, married, resident
of_________________________________________, to be my true and lawful attorney,
for me and in my name, place, and stead, upon approval of the processing of the lot
application, to ASK, CONVEY, DEMAND and ENSURE to whosoever the developer
and/or owner of land to have my name reflected or appeared in the Certificate of Title
upon its issuance by the Registry of Deeds of ________________________ as the true
buyer of the agreed portion of lot in Subdivision_________________________.

HEREBY GIVING AND GRANTING unto my said attorney full powers and
authority to do and perform all and every act requisite or necessary to carry into effect the
foregoing authority to ask, convey and demand, as fully to all intents and purposes as I
might or could lawfully do if personally present, with full power of substitution and
revocation, and hereby ratifying and confirming all that my said attorney or his substitute
shall lawfully do or cause to be done by virtue hereof.
 IN WITNESS WHEREOF, I have hereunto set my hand this____day of
____________ 2010, in Calamba City, Laguna, Philippines.

______________________

Principal

Signed in the presence of:

____________________________

____________________________

ACKNOWLEDGMENT

Republic of the Philippines )

Calamba City, Quezon……..) S. S.

BEFORE me, a Notary Public personally appeared, CSUPT BENITO A

DORIGO, MPSA with Community Tax Certificate No. _________________ issued on
_____________ at ______________ and _____________ with Community Tax
Certificate No. ______________ issued on _____________ at ______________ both of
whom are personally known to me to be the same persons who executed the foregoing
instrument and they acknowledged to me that the same is their free and voluntary act and
deed.

WITNESS MY HAND AND SEAL on the date and place above written.

NOTARY PUBLIC

Doc. No. ________

Page No. ________
Book No. ________
Series of 2010
 Criminal Procedure
Introduction:

Definition of terms:

Criminal Procedure – a method prescribed by law for the apprehension and prosecution
of persons accused of any criminal offense and for their punishment in case of
conviction.

Criminal Law and Criminal Procedure Distinguished

Criminal Law – substantive, it defines crimes, treats of their nature and provides for their
punishment.

Criminal Procedure – remedial, it provides for the method by which a person accused of
a crime arrested, tried and punished.

Jurisdiction – the power or capacity given by the law

to a court or tribunal to entertain, hear and determine certain controversies.

- The authority to hear and determine a cause.

Requisites of Criminal Jurisdiction

1. The offense is one which the court is by law authorized to take cognizance of,
2. Committed within its territorial jurisdiction.
3. Person charged must have been brought to its presents.

Jurisdiction over Subject Matter, Territory and Person

 Jurisdiction over Subject Matter – power to hear and determine cases of

general class to which the proceedings in question belong and is conferred by
the sovereign authority which organizes the court defines its powers.
 Jurisdiction over Territory – venue in criminal cases tried in court of the
municipality or province where the offense was committed or any of its essential
ingredients took place.
 Jurisdiction over Continuing Crimes – prosecution of criminal action in a place
where any of the essential ingredients of the offense took place.

 Jurisdiction over the Person of the Accused – acquired even upon his
apprehension or arrest with or without warrant, or upon his voluntary submission
to the court.
How Criminal Jurisdiction Determined

- Determine by the Fine Imprisonment prescribed by law.

- Extent of penalty which the law imposes as recited in the complaint or
information.

Judicial Power

- Authority to settle justiceable controversies or disputes involving rights

that are enforceable or demandable before the courts of justice or
redness of wrongs for violations such rights.
- 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.

Criminal Jurisdiction of Courts

1. Municipal Trial Courts, Municipal Circuit Trial Courts and Metropolitan Trial
Courts.

a. Exclusive original jurisdiction over all violations of city or municipal

ordinances
b. Exclusive original jurisdiction over all offenses punishable with
imprisonment or not exceeding six (6) years irrespective of amount of fine
or other imposable accessory penalties.

c. Government-related cases the penalty of which is not more then six (6)
years and the officers charged do not fall under the jurisdiction of the
Sandiganbayan (below SG 27).

2. Regional Trial Courts

- Have exclusive original jurisdiction in all criminal cases not within the
exclusive original jurisdiction of any court, tribunal or body.
- Penalty is higher than six (6) years.
- Government-related cases below Salary Grade 27.
- Cases include: kidnapping with or without ransom, robbery in band,
robbery committed against banks or financial institutions, violation of
Dangerous Drugs Act, Anti-Carnapping and other heinous crimes.
- Violation of Intellectual property rights (patent, trademark, Videogram
Regulatory Board)
 3. Family Courts
- Cases where accused or victim is a minor (but if minor found guilty,
sentence will be suspended without need of application).

4. Court of Appeals exercise original jurisdiction

a. To issue writs of mandamus, probation, certiorari, habeas corpus and quo

warranto and auxiliary writs.
b. Amendment of judgments of RTC’s
c. Final judgments, decisions, resolutions, orders or awards of RTC’s.

5. Sandiganbayan
- All cases involving graft and corrupt practices and offenses committed by
public officers and employees in relation to their office as may be
determined by law.

a. Executive Brach Officials – officials occupying permanent, acting or

interim whose salary grades are 27 and higher, include:
1) Provincial Governors, Vice-Governors, Sangguniang Panlalawigan
and all Provincial Department Heads
2) City Mayors, Vice-Mayors, Members, and City Department Heads
3) Officials of Diplomatic service with positions of consul or higher
4) PA, PAF, PN (Captains and Higher)
5) PNP – with positions as Provincial Director and with the rank of
SSUPT
6) City and Provincial Prosecutors, Asst. Prosecutors or Ombudsman
7) Presidents, Directors or Managers of GOCC’s
b. Members of Congress and Officials classified as SG 27
c. Members of the Judiciary
d. Chairmen and Members of the Constitutional Commissions
e. All other national and local officials classified as SG 27

Requisites of Exclusive Original Jurisdiction of Sandiganbayan

a. Violation of Anti-Graft and Corrupt Practices Act, Violation of Ill-gotten

Wealth, Law on Bribery, Sequestration cases.
b. Committed by a public official or employee
c. Committed in relation to the office (intimately connected with the office)

6. Supreme Court – Power to review, revise, reverse, modify, affirm on appeal or

certiorari final judgments in:
 a. All cases which constitutionality/validity of any treaty, executive
agreement, law, ordinance or executive order/regulation is in questions.
b. All cases involving legality of any tax, import, assessment, toll or any
penalty imposed in relation therto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases the penalty of which is reclusion perpetua or death.
e. All cases in which only an error or question of law is involved.

Katarungang Pambarangay (Lupong Tagapamayapa) – Authority for amicable

settlements of all disputes except;

a. One party is the government

b. One party is a government/public officer/employer
c. Offenses punishable by one (1) year or fine
d. Residents in Barangays
e. Real property is in dispute

RULE 110. PROSECUTION OF OFFENSES

Section 1. Institution of Criminal Action

a. For offenses where preliminary investigation is required, by filing the

complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
b. For all other offenses, by filing the complaint or information directly with the
MTCs, or the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the prosecutor
unless otherwise provided in their charters.

General Rule. The institution of the criminal action shall interrupt the period of
prescription of the offense charged unless otherwise provided in special laws.

Section 2. The complaint or information. The complaint or information shall be in

writing, in the name of the people of the Philippines and against all persons who appear
to be responsible for the offense involved.

Complaint – a sworn written statement charging a person with an offense, subscribed

by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated.
Information – an accusation in writing charging a person with an offense subscribed by
the prosecutor and filed with the court.

Section 5. Who must prosecute criminal actions. – All criminal actions commenced
by a complaint or information shall be prosecuted under the direction and control of the
prosecutor.

Section 6. Sufficiency of complaint or information. – A complaint or information is

sufficient if it states the following:

a. Name of the accused

b. Designation of the offense given by the statute
c. Cause of the accusation – acts or omissions complained of as constituting the
offense
d. Name of the offended party
e. Place of commission of the offense
f. Date of commission of the offense

 Serapio v. SB, 369 SCRA 443

- The exact date when the alleged trespass occurred is not an essential
element of the offense of trespass. It is sufficient that the Complaint or
information states that the crime has been committed at any time as near
as possible to the date of its actual commission.

 People v. Dinglasen, 389 SCRA 71

- The two rules with respect to the averment of the date the offense was
committed in the complaint or information are: 1.) where time is NOT a
material ingredient of the offense, it is sufficient that the information
alleges that the act constitutive of the offense was committed at a time as
near to the actual date when the same was carried out; but 2.) where time
is a material ingredient of the offense, it must be correctly alleged in the
information.

 Olivarez v. CA, et., GR No. 163866

- The character of a crime is not determined by the caption or preamble of
the information not from the specification of the provision of law alleged to
have been violated, they maybe conclusions of law, but by the recital of
the ultimate facts and circumstances in the complaint or information.
  People v. Estillore, GR No. 1140348
- The rules of Criminal Procedure require that both the qualifying and
aggravating circumstances must be stated in the information to be
appreciated against the accused.

RULE III – PROSECUTION OF CIVIL ACTION

Section 1. Institution of criminal and civil actions. – a.) When a criminal action is
instituted, the civil action for the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the offended party
waives the civil action, reserves the right to institute it separately or institutes the civil
action shall be made before the prosecution starts presenting its evidence and under
circumstances affording the offended party a reasonable opportunity to make such
reservation.

Section 2. When separate civil action is suspended – After the criminal action has
been commenced, the separate civil action arising therfrom cannot be instituted until
final judgment has been entered in the criminal action.

The extinction of the penal action does not carry with it extinction of the civil
action.

Section 3. When civil action may proceed independently. In cases provided in

Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil
action may be brought by the offended party. It shall proceed independently of the
criminal action and shall require only a preponderance of evidence. In no case,
however, may the offended party recover damages twice for the same act or omission
charged in the criminal action.

Section 4. Effect of death on civil actions. – The death of the accused after
arrangement and during the pendency of the criminal action shall extinguish the civil
liability arising from the delict. However, the independent civil action instituted under
Section 3 may be continued against the estate or legal representative of the accused.

Section 5. Judgment in civil action not a bar. – A final judgment rendered in a civil
action absolving the defendant from civil liability is not a bar to a criminal action against
the defendant for the same act or omission subject of the civil action.

Section 6. Suspension by reason of prejudicial question. – A petition for

suspension of the criminal action based upon the pendency of a prejudicial question in
a civil action may be filed in the office of the prosecutor or the court conducting the
preliminary investigation.
Section 7. Elements of prejudicial question.

a. The previously Instituted civil action involves an issue similar or intimately

related to the issue raised in the subsequent criminal action.
b. The resolution of such issue determines whether or not the criminal action
may proceed
 Rodriguez v. Ponferada, et.al., GR No. 155531
- The fact that the Rules do not allow the reservation of civil actions in BP
22 cases cannot deprive private complaint of the right her interests in the
criminal action for estafa. Nothing in the current law or rules on BP 22
vests the jurisdiction of the corresponding civil case exclusively in the
court trying the BP 22 criminal case.

RULE 112 – PRELIMINARY INVESTIGATION

Section 1. Preliminary Investigation defined; when required.

Preliminary investigation is an inquiry or proceeding to determine whether there is

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

A preliminary investigation is required to be conducted before the filling of a complaint

or information for an offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day without regard to the fine.

Section 2. Officers authorized to conduct preliminary investigation.

a. Provincial or City Prosecutors and their assistants

b. National and Regional State Prosecutors
c. Other officers as may be authorized by law
- Their authority to conduct preliminary investigations shall include all
crimes cognizance by the proper court in their respective territorial
jurisdictions.

Section 5. When warrant of arrest may issue.

A. By regional Trial Court

- Within ten (10) days from the filing of the complaint or information, the
judge shall personally evaluate
 B. By the Municipal Trial Court
- When required by the Rule, the preliminary investigation of cases falling
under the original jurisdiction of the MTC, or MTCs shall be conducted by
the prosecutor.

C. When warrant of arrest not necessary.

- A warrant of arrest shall not issue if the accused is already under
detention pursuant to a warrant issued by the MTC, or if the complaint or
information was filed for an offense penalized by fine only.

 Contreras v. Monserate, A.M. No MTJ_02-1437 – The right to have a

preliminary investigation is not a mere formal or technical right but a
substantive right, Hence, any exception to the enjoyment of said right
must must be strictly construed.

Section 6. When accused lawfully arrested without warrant. - When a person

lawfully arrested without a warrant involving an offense which requires a preliminary
investigation, the complaint or information may be filed with prosecutor without need of
such investigation provided an inquest has been conducted in accordance with existing
Rules. In the absence or unavailability of an inquest prosecutor, the complaint may be
filed by the offended party or a peace officer directly with the proper court on the basis
of the affidavit of the offended party or arresting officer or person.

 The only instance where an information for an offense which requires

preliminary investigation may be directly filed with the court is when an
accused is lawfully detained without a warrant and he expressly refuses to
waive in writing the provision of Art. 125 of the RPC. (Section 6)

Section 8. Cases not requiring a preliminary investigation nor covered by the

Rule on Summary Procedure.

a. If filed with the prosecutor involving an offense punishable by imprisonment of

less than four (4) years, two (2) months and one (1) day.
b. If filed with MTC for an offense covered by this section.
RULE 113 – ARREST

Arrest – the taking of a person into custody in order that he may be bound answer for
the commission of an offense.

How Arrest Made

- An arrest is made by an actual restraint of a person to be arrested, or by

his submission to custody of the person making the arrest
- No violence or unnecessary force shall be used in making an arrest. The
person arrested shall not be subject to a greater than is necessary for his
detention.

Section 5. Arrest without warrant; when lawful. A peace officer or a private person may,
without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;
b. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another

Section 6. Time of making arrest. – An arrest may be made on any day and at any
time of the day or night

Section 7. Method of arrest by officer by virtue of warrant. By announcing his authority,

purpose and cause of arrest, and the fact that a warrant has been issued for his arrest.

Section 8. - Method of arrest by officer without warrant.

Section 9 - Method of arrest by private person.

Section 10. – Officer by summon assistance

Section 11. - Right of officer to break into building or enclosure.

Section 12. – Right to break out from building or enclosure.

Section 13. – Arrest after escape or rescue. If a person lawfully arrested escapes or is
rescued, any person may immediately pursue or retake him without a warrant at any
time and in any place without a warrant at any time and in any place with the phillipines.

Section 14. – Right of attorney or relative to visit person arrested.

RULE 114 – BAIL

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

Kinds of Bail

a. Corporate surety
b. Property Bond
c. Cash Bond
d. Release on recognizance

Section 3. No release or transfer except on court order or bail. No person under

detention by legal process shall be released or transferred except upon order of the
court or when he is admitted to bail.

Section 4. Bail a matter of right, exception. – All persons in custody shall be admitted
to bail as a matter of right, with sufficient sureties, or released on recognizance as
prescribed by law or this Rule.
 a. Before or after conviction by the MTCs, MCTCs, or MeTCs
b. Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment.

Section 5. Bail, when discretionary. – Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or life imprisonment.

If the penalty imposed by the trial court is imprisonment exceeding six (6) years,
the accused shall be denied bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or other similar circumstances.

a. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed

the crime aggravated by the circumstance of reiteration;
b. That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
c. That he committed the offense while under probation, parole, or conditional
pardon;
d. That the circumstances of his case indicate the probability of flight if released on
bail; or
e. That there is undue risk that he may commit another crime during the pendency
of the appeal.

RULE 115 – RIGHTS OF ACCUSED

Section 1. Rights of accused at the trial. – In all criminal prosecution, the accused
shall be entitled to the following rights;

a. To be presumed innocent
b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the
proceedings
d. To testify as a witness in his own behalf
e. To be exempt from being compelled to be a witness against himself
f. To confront and cross-examine witnesses against him
g. To have compulsory process issued to secure attendance of witness and
production of evidence in his behalf
h. To have speedy, impartial and public trial
i. To appeal in all cases allowed
RULE 116 – ARRAIGNEMENT AND PLEA

- Any objection to the illegality of the arrest of the accused without a

warrant is deemed waived when he pleaded not guilty at the arrangement
without raising the question. (People v. Cabiles, 284 SCRA 199)

Section 2. Plea of guilty to a lesser offense, - Should be done during the arrangement
but before trial.

Section 3. Plea of guilty to capital offense; reception of evidence.

Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary.

Section 5. Withdrawal of improvident plea of guilty. – At any time before the judgment of
conviction becomes final, the court may permit an improvement plea of guilty to be
withdrawn and be substituted by a plea of not guilty.

Section 6. Duty of court to inform accused of his right to counsel. – Done before
arraignment.

Section 9. Bill of particulars

Section 11. Suspension of arraignment. – Upon motion by the proper party, the
arrangement shall be suspended in the following cases.

a. The accused appears to be suffering from an unsound mental condition;

b. There is exists a prejudicial question; and
c. A petition for review of the resolution of the prosecutor is pending

RULE 117 – MOTION TO QUASH

Section 1. Time to move to quash. At any time before entering his plea, the accused
may move to quash the complaint or information.

Section 3. Grounds. – The accused may move to quash the complaint or information
on any of the following grounds:

a. That the facts charged do not constitute an offense

b. That the court trying the case has no jurisdiction over the offense charged
c. That the court trying the case has no jurisdiction over the person of the accused
d. That the officer who filed the information had no authority to do so
e. That the officer who filed the information had no authority to do so
f. That more than one offense is charged
 g. That the criminal action or liability has been extinguished
h. That it contains averments which, if true, would constitute a legal excuse or
justification.
i. That accused has been previously convicted or acquitted of the offense charged
without accused consent.

Section 7. Former conviction or acquittal; double jeopardy. - When an accused

has been convicted or acquitted, or the case against him dismissed or otherwise
terminated without his express consent by a court of competent jurisdiction, such shall
be a bar to another prosecution for the same offense.

However, the conviction of the accused shall not be a bar to another prosecution
for an offense which necessarily includes the offense charged in the former complaint or
information under any of the following circumstances:

a. The graver offense developed due to supervening facts arising from the same act
or omission constituting the graver former charge.
b. The constituting the graver charge became known or were discovered only after
a plea was entered in the former complaint or information; or
c. The plea guilty to the lesser offense was made without the consent of the
prosecutor and of the offended party.

RULE 118 – PRE-TRIAL

In all criminal cases, pre-trial is mandatory. Admissions during pre-trial

conference are worthy of credit. Hence, a birth certificate or any other official document
is no longer necessary to establish the minority of the victim since the same was
admitted during the pre-trial and never disputed by the accused. (People v. Pepito, GR
No. 147650)

Purpose of pre-trial

a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence
d. Waiver of objections to admissibility of evidence
e. Modification of the order of trial if accused admits the charge but interposes a
lawful defense
f. Such matters as will promote a fair and expeditious trial
RULE 119 – TRIAL

Holding a court session on a Saturday is a blatant violation of Administrative Circular

No. 3-99 which provides that “the session hours of all courts shall be from 8:30 in the
morning to noon and from 2:00 – 4:30 in the afternoon from Monday to Friday.”

Section 17. Discharge of accused to be state witness.

Section 18. Discharge of accused operates as acquittal.

Section 23. Demurer to evidence. – After the prosecution rests its case, the court may
dismiss the action on the ground of insufficiency of evidence 1.) on its own initiative
after giving the prosecution the opportunity to be heard or 2.) upon demurrer to
evidence filed by the accused with or without leave of court.

RULE 112 – JUDGMENT

Judgment is the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition on him 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 signed by him and shall contain clearly and distinctly a statement of the facts
and the law upon which it is based.

RULE 121 – NEW TRIAL OR RECONSIDERATION

At any time before a judgment of conviction becomes final, the court may, on
motion of the accused or at its own instance but with the consent of the accused, grant
a new trial or reconsideration.

Section 2. Grounds for a new trial.

a. That errors of law or irregularities prejudicial to the substantial rights of the

accused have been committed during the trial.
b. That new and material evidence has been discovered which the accused could
not with reasonable diligence have discovered and produced at the trial and
which if introduced and admitted would probably change the judgment.
Section 3. Ground for reconsideration. – The court shall grant reconsideration on the
ground of errors of law or fact in the judgment, which requires no further proceedings.

RULE 122 – APPEAL

Any party may appeal from a judgment or final order, unless the accused will be
placed in double jeopardy.

RULE 123 – PROCEDURE IN THE MUNICIPAL TRIAL COURTS/REGIONAL TRIAL

COURTS

RULE 124 – PROCEDURE IN THE COURT OF APPEALS

RULE 125 – PROCEDURE IN THE SUPREME COURT

RULE 126 – SEARCH AND SEIZURE

Section 1 Search Warrant defined. – Search warrant is an order in writing issued in

the name of the people of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therin and bring it
before the court.

Section 9. Time of making search. – the warrant must direct that it be served in the
day time, unless the affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted that it be served at
any time of the day or night.

Section 10. Validity of search warrant. – A search warrant shall be valid for ten (10)
days from its date. Thereafter, it shall be void.
Section 13. Search incident to lawful arrest. – A person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.

RULE 127 – PROVISIONAL, REMEDIES IN CRIMINAL CASES

Section 1. Availability of provisional remedies. The provisional remedies in civil

actions, insofar as they are applicable, may be availed of in connection with the civil
action deemed instituted with the criminal actions.

Section 2. Attachment. – When the civil action is properly instituted in the criminal
action, the offended party may have the property of the accused attached as security for
the satisfaction of any judgment that may be recovered from the accused in the
following cases;

a. When the accused is about to abscond from the Philippines

b. When the criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to use of the accused
c. When the accused has concealed, removed, or disposed of his property, or is
about to do so
d. When the accused resides outside the Philippines.
 BJMP Personnel Mechanism
I. INTRODUCTION:

 Greet the students

 Introduce self
 Present a brief eye view of the subject matter - Overview of RA 6975 giving more
emphasis on Chapter V, Sec 60 – 65.

RA 6975 – An act establishing the \Philippine National Police under a reorganized

Department of the Interior and Local Government, and for other purposes.

Chapter V – Bureau of Jail Management and Penology

Sec. 60. Composition – The Bureau of Jail Management and Penology, hereinafter referred
to as the Jail Bureau, is hereby created initially consisting of officers and uniformed
members of the Jail Management and Penology Service as constituted under Presidential
Decree No. 765.

Sec. 61. Powers and Functions – The Jail Bureau shall exercise supervision and control
over all city and municipal jails. The provincial jails shall be supervised and controlled by
the provincial government within its jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3)

years after the effectivity of this Act.

Sec. 62. Organization – The Jail Bureau shall be headed by a Chief who shall be assisted
by a deputy chief. The Jail Bureau shall composed of city and municipal jails, each headed
by a city or municipal jail warden: Provided, That, in the case of large cities and
municipalities, a district jail with subordinate jails headed by a district jail warden may be
established as necessary.
The Chief of the Jail Bureau shall recommended to the Secretary the organizational
structure and staffing pattern of the Bureau as well as the disciplinary machinery for officers
and men of the \bureau in accordance with the guidelines see forth herein and as prescribed
in Section 85 of this Act.

Sec. 63. Establishment of District, City or Municipal Jail – There shall be established and
maintained in every district, city and municipality a secured, clean adequately equipped and
sanitary jail for the custody and safekeeping of city and municipal prisoners, any fugitive
from justice, or person detained awaiting investigation or trial and/or transfer to the national
penitentiary, and/or violent mentally ill person who endangers himself or the safety of others,
duly certified as such by the proper medical or health officer, pending the transfer to a
medical institution.

The municipal or city jail service shall preferably be headed by a graduate for a four (4)
year course in psychology, psychiatry, sociology, nursing, social work or criminology who
shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great
care must be exercised so that the human rights of these prisoners are respected and
protected, and their spiritual and physical well-being is properly and promptly attended to.

Sec. 64. Rank Classification – For purpose of efficient administration, supervision and
control, the rank classification of the members of the Jail Bureau shall be as follows:
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Jail Officer IV
Senior Jail Officer III
Senior Jail Officer II
Senior Jail Officer I
Jail Officer III
Jail Officer II
Jail Officer I

Sec. 65. Key Positions – The head of the Jail Bureau with the rank of director shall have the
position title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the rank of
chief superintendent.

The assistant heads of the Department’s regional offices with the rank of senior
superintendent shall assume the position title of Assistant Regional Director of Jail
Management and Penology as provided by Section 12 of this Act; the heads of district
officers with the rank of chief inspector shall have the position title of District Jail Warden;
and the heads of the city or municipal stations with the rank of senior inspector shall be
known as City/Municipal Jail Warden.

RA 9263 – An Act providing for the professionalization of the Bureau of Fire Protection
(BFP) and the Bureau of Jail Management and Penology (BJMP), amending certain
provisions of Republic Act No. 6975, providing the funds thereof and for other purposes.
Sec. 3. Organization and Key Positions of the BFP and the BJMP.
Sec. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of
Uniformed Personnel to the BFP and BJMP – No person shall be appointed as uniformed
personnel of the BFP and the BJMP unless he/she possesses the following minimum
qualifications:

a. A citizen of the Republic of the Philippines;

b. A person of good moral character;
c. Must have passed the psychiatric/psychological, drug and physical test for the
purpose of determining his/her physical and mental health;
d. Must possess a baccalaureate degree from recognized institution of learning;
e. Must possess the appropriate civil service eligibility;
f. Must not have been dishonorably discharged of dismissal for cause from previous
employment;
g. Must not have been convicted by final judgment of an offense or crime involving
moral turpitude;
h. Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male,
and one meter and fifty-seven centimeters (1.57 m.) for female. Provided, That a
waiver for height and age requirement/s shall be automatically granted to applicants
belonging to the cultural communities; and
i. Must weight not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his/her height, age and sex; Provided, That a new applicants must
be less than twenty one (21) no more than thirty (30) years of age: except for this
particular provision, the above-enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be ground for
separation or retirement from the service. Provided, further, That the uniformed
personnel who are already in the service upon the effectivity of this Act shall be given
five (5) years to obtain the minimum educational qualification and one (1) year to
satisfy the weight requirement.

After the lapse of the time of period for the satisfaction of a specific requirement, current
uniformed personnel of the BFP and the BJMP who will fail to satisfy any of the
requirements enumerated under this Section shall be separated from the service if they
are below fifty (50) years of age and have served in the government for at least twenty
(20) years without prejudice in either case to the payment of benefits they may be
entitled to under existing laws.

Sec. 5. Appointment of Uniformed Personnel to the BFP and the BJMP – The appointment
of the BFP and the BJMP shall be effected in the following manner:

a. Fire/Jail Officer I to Senior Fire/Jail Officer IV – appointed by the respective Regional

Director for Fire Protection and Regional director for Jail Management and Penology
for the regional office uniformed personnel or by the respective Chief of the BFP and
BJMP for the national headquarters office uniformed personnel, and attested by the
Civil Service Commission;
 b. Fire/Jail Inspector to Fire/Jail Superintendent – Appointed by the respective Chief of
the Fire Bureau and Chief of the Jail bureau, as recommended by their immediate
superiors, and attested by the CSC;

c. Fire/Jail Senior Superintendent – Appointed by the secretary of the DILG upon

recommendation of the respective Chief of the Fire Bureau and Chief of the Jail
Bureau, with the proper attestation of the CSC; and

d. Fire/Jail Chief Superintendent to Fire/Jail Director – Appointed by the President upon

recommendation of the Secretary of the DILG, with the proper endorsement by the
Chairman of the CSC.

BJMP Personnel Mechanism

1. SPMS – Strategic Performance Management System

The SPMS is a Performance Evaluation and Appraisal System designed by the CSC,
provided for in CSC Memorandum Circular No. 6, s. 2011. Unlike its predecessors which
focus only on individual appraisals, the SPMS aims to link individual performance with
the agency’s vision, mission and strategic goals, thereby showing how an employee
contributed to or hindered organizational effectiveness.

Objectives:
a. Institutionalize a scientific and verifiable basis in assessing organizational
performance and the collective performance of individuals within the Bureau;
b. Concretize the linkage between the development plans of the Bureau and the
performance level of its different offices as well as its personnel; and
c. Link the Bureau’s performance management system with the other human resource
systems such as incentives and awards, personnel movement, training and
development, administrative discipline and other personnel actions.

Policies:

1. To uphold the principle of performance-based security of tenure;

2. To focus on shared performance commitments, rationalizes employee’s workload
and outputs attuned to organizational goals and mandate;
3. To enhance productivity by apprising personnel of what are expected of them, how
well they are performing and what rights they have under the system;
4. To recognize the role of multi-stakeholders in the objective assessment and feed
backing on individual employee performance;
5. To promote transparency and provides mechanism for appeals and resolution of
conflicts and disagreements.

Scope and Coverage – The BJMP Revised PES applies to all first, second and third level
employees in the uniformed and non-uniformed service.
Rating Period – Evaluation of the individual performance shall be undertaken every six (6)
months or on semestral basis ending on June 30, and December 31 of every year. The
evaluation report shall be submitted within the second week of the month following the rating
period. The minimum and maximum appraisal period is three (3) months and one (1) year
respectively.

Procedures

1. Creation and Operation of BJMP Performance Evaluation Review Committee

(PERC).
a. Composition
b. Responsibilities
c. Determination of Final Rating
d. Monitoring and Evaluation
e. Setting of Internal Rules and Procedures

2. Setting of Performance Commitments/Targets and standards

a. Organizational Targets
b. Employee Targets
c. Setting of Performance Standard
d. Confirmation
e. Modifications
3. Progress Review
4. Appraisal discussion and rating proper.

Mechanics of Rating
1. Level Performance

NUMERICAL ADJECTIVAL NUMERICAL

DESCRIPTION RATING RATING
Performance Outstanding 10
exceeding target by (O)
30% and above of
the planned targets
Performance Very 8
exceeding targets Satisfactory
by 15%-29% of the (VS)
planned targets
 Performance of
100%-114% of the
planned targets; for
accomplishments
requiring 100% of
the targets such as
those pertaining to Satisfactory 6
money or accuracy (S)
or those which may
no longer be
exceeded, the usual
rating of 10 for those
who met targets or
for those who failed
or fell short of the
target applies.
Performance of Unsatisfactory
51%-99% of the (US) 4
planned targets
Performance failing
to meet planned Poor 2
targets by 50% or (P)
below

2. The Components of Rating

Part I – Performance – is given a weight of 70% of the overall rating of the employees.
Part II – Critical Factors – is given a weight of 30% of the overall rating of the
employee.

3. Performance of Intervening Tasks – are those which are neither inherent nor
indirectly related to employee’s plantilla or designated positions.

Cross Rating

RATER OVERALL WEIGHT

Supervisor Rater 50%
Self-Rater 20%
Subordinate Rater 10% (In case rate has no
subordinate, 5% is added
to Supervisor rater and
the other 5% is added to
Peer Rater)
Peer Rater 10%
Client Rater 10%
Performance Evaluation Forms (PEFs)

PES F-1 – Performance Commitment Report Form contains work targets of the employee.
It is the form used in all stages of the performance evaluation process. It also contains the
signed agreement of the Supervisor and the employee, PERC action and the comments
and recommendations.

PES F-2 – Performance Evaluation Report contains the work targets, accomplishments,
ratings of Supervisors and Employee-Ratee on Part I and Part II and the Summary of
Ratings showing the final performance numerical and adjectival ratings of the employee.

PES F-3 – Subordinate Rater Form (SRF) consists of set of questionnaires depicting the
ratee’s job accomplishment and demonstrated behavior affecting the employee’s
performance for the rating period as can be observed and verified by the subordinate rater.

PES F-4 – Peer Rater Form (PRF) consists of questionnaires depicting the ratee’s job
accomplishment and demonstrated behavioral as observed by the Peer Rater affecting the
Peer Ratee’s performance for the rating period.

PES F-5 – Client Rater Form (CRF) consists of questionnaires depicting the ratee’s job
accomplishment and demonstrated behavior as observed by the rater affecting the ratee’s
performance for the rating period.

Uses of Performance Ratings

a. Performance-based Security of Tenure
b. Eligibility/Qualification for Performance-based Awards and Incentives
c. Basis for Personnel Actions

2. PRAISE - Program on Awards and Incentives for Service

Excellence

Purpose: This PRAISE is designed to encourage creativity, innovativeness, efficiency,

integrity and productivity in the public service by recognizing and rewarding officers and
non-uniformed personnel of the Bureau, individually or in groups, for their suggestions,
innovative ideas, inventions, discoveries, superior accomplishment, heroic deed, exemplary
behavior, and other personal efforts which contribute to the efficiency, economy and other
improvement in the operation of the Bureau, or for other extraordinary act of service in the
interest of the public.

Objectives:
 1. To foster awareness and desire to maintain exemplary performance and superior
accomplishment;
2. To motivate individuals to contribute to national development through increased
productivity;
3. To recognize accomplishment and innovations of personnel on time; and
4. To provide incentives and interventions that will motivate employees who have
contributed ideas, suggestions, interventions, discoveries, superior accomplishment
and other personal efforts.

Types of Awards
a. BJMP Bests
1. Best Unit Award
2. Best Employee Award
3. Exemplary Behavior Award
4. Cost Economy Measure Award
5. Service Award
b. Honor Awards
1. MedalyangKagitingan (BJMP Medal of Valor)
2. MedalyangKabayanihan (BJMP Distinguished Conduct Medal)
3. MedalyangKagalingan (BJMP Medal of Merit)
4. MedalyangNatatangingGawa (BJMP Outstanding Achievement Award)
5. MedalyangKadakilaan (BJMP Gallantry Award)
6. MedalyangSugatangMagiting (BJMP Wounded Personnel Medal)
7. MedalyangKatapatansaPaglilingkod ( BJMP Distinguished Service Medal)
8. MedalyangKatapatan (BJMP Loyalty Medal)
9. MedalyangKasanayan (BJMP Efficiency Medal)
10. MedalyangPapuri (BJMP Commendation Medal)
11. MedalyangPaglilingkod (BJMP Service Medal)
12. MedalyangPambihirangPaglilingkod (BJMP Special Service Medal)
13. MedalyangKatangi-tanging Asal (BJMP Special Action Medal)
14. The Bureau Award or the “KAPWA” Award
15. Unit Citation Award
c. Letter Commendation
d. Posthumous Award
e. The Incentive Awards
1. Performance or Productivity Incentive
2. Length of Service Incentive
3. Most Courteous Personnel Award
4. Loyalty Award
5. Retirement Award
6. Cost Economy Measure Award
f. Other National Awards
1. Lingkod Bayan Award
2. Dangal ng Bayan Award
3. PAG_ASA Award
4. Katangi-tanging Bihasang Manggagawa Award
Incentives for Awards
a. Medalyang Kagitingan
- Scholarship of all qualified children at any State Colleges/Universities
- P50,000.00 cash
- P10,000.00 monthly incentive
- Promotion to the next higher rank
- Parade Honors
b. Medalyang Kabayanihan
- Scholarship of one (1) qualified dependent at any State Colleges/Universities
- P30.000.00 cash
c. Medalyang Natatanging Gawa
- P20,000.00 cash
d. Medalyang kagalingan
- P10,000.00 cash
e. Medalyang Kadakilaan
- P 10,000.00 cash
f. Medalyang Sugatang Magiting
- P 10,000.00 cash
Composition of PRAISE Committee

National Headquarters
1. Deputy Chief for Operations as Chairperson
2. The Chief of Directorial Staff as Vice Chairperson
3. Director for Comptrollership
4. Director for Program Development
5. Director for Human resource and records Management
6. Director for Operations
7. NESJO as member/Recorder

Regional Office
1. Assistant Regional Director for Operations as Chairperson
2. Regional Chief of Directorial Staff as Vice Chairperson
3. Chief, Comptrollership Division
4. Chief, Operations Division
5. Chief, Program Development Division
6. Chief, HRRM Division as member/recorder
7. RESJO

Authority to Confer Award – The Chief, BJMP may confer all the Awards except for the
MedalyangKagitingan which only the President of the Republic of the Philippines is
authorized. Regional Director and Director JNTI may confer the MedlayangKasanayan,
MedalyangPapuri and MedlayangPaglilingkod.

3. MSPP - Merit and Selection and Promotional Plan

 Objectives:
1. Establish a system that is characterized by strict observance of the merit, fitness and
equality principles in the selection of employees for appointment to positions in the
career and non-career service in all levels.
2. Create equal opportunities to all qualified men and women to enter the BJMP and
for career advancement in the agency.

Basic Policies
1. Performance – No person shall be considered for promotion or appointment by
transfer unless the performance rating of the appointee for the last rating period to
the effectivity date of the appointment is at least very satisfactorily.
2. Eligibility, Education and Training – These shall include eligibility, educational
background and successful completion of career courses, scholarships, trainings or
other human resource development interventions.
3. Experience and Outstanding Accomplishment – These shall include occupational
history, relevant work experience and worthy accomplishment in the last
position/rank held.
4. Psychosocial attributes and personality traits – these shall refer to the physical and
mental fitness and psychological and social characteristics or traits of he individual
which have bearing on the position/rank to be filled.
5. Potential – This is an estimate of an individual’s capacity and ability to perform the
duties of the position to be filled and those of higher or more responsible positions in
the line of promotion.

Procedure:
1. The directorate for Human Resource and Records Management shall publish the
vacant position in the CSC Bulletin of vacant Position or through other mode of
publication and post the same in three (3) conspicuous places in the BJMP for at
least ten (10) days
2. Guided by the qualification standards, the Chiefs of all units shall submit to the
DHRRM/HRRM Division the personnel from their Office who are deemed qualified
for promotion.
3. The DHRRM/HRRM shall conduct preliminary evaluation for the qualification of all
candidates and prepare the selection line-up.
4. The Personnel Selection and Promotion (PSPB) shall then evaluate and deliberate
en banc the qualifications of those listed in the selection line-up submitted by
DHRRM/HRRM Division and make a systematic assessment of the competence and
qualifications of candidates vis-à-vis the minimum requirements corresponding to the
level of vacant positions.
5. The Board shall submit the list of screened candidates from which the corresponding
authority shall choose the applicant to be appointed.
6. The Chief, BJMP/Regional Director shall assess the merits of the PSPB’s list of
screened candidates and in the exercise of sound discretion, select, in so far as
 practicable, from among the top ranking applicants deemed most qualified for
appointment to the vacant position.
7. As soon as the appointment is issued, a notice announcing the appointment or
promotion of an employee shall be posted a day after the issuance of appointment in
three (3) conspicuous places in the agency for at least fifteen (15) days, The date of
posting shall be indicated.

Grievance
a. A qualified next-in-rank personnel and/or any aggrieved party who is not considered
for promotion to the next higher position may present their grievance to the BJMP
Grievance Machinery under the following conditions:
1. Non-compliance with the selection process;
2. Discrimination on account of gender, civil status, disability, pregnancy, religion,
ethnicity or political beliefs;
3. Disqualification of applicant to a career position for reason of lack of confidence
of the appointing authority; and

4. Other violations of the provisions of this Circular.

Composition of Personnel Selection and Promotion Boards

a. National Personnel Selection and Promotion Board (NPSPB)

1. Deputy Chief for administration as Chairperson;
2. The Chief of Directorial Staff as Vice Chairperson;
3. Directors for DHRRM, Operations, Logistics, Comptrollership, Program
Development and Directorate for I &I as members; and
4. NESJO also as member and Chief, Human Resource and Planning Division as
member/recorder.
b. Regional Personnel Selection and Promotion Board (RPSPB)
1. Assistant Regional Director for Administration as Chairperson;
2. Regional Chief of Directorial Staff as Vice Chairperson;
3. Division Chiefs of Operations, Logistics, Comptrollership, and Program
\development as Members;
4. RESJO also as member and Chief, HRRM Division as member/recorder.

c. All candidates for appointment and promotion to first and second level position shall
be screened by the PSPB. Candidates for appointment to third level positions shall
be initially screened by the Bureau’s PSPB and endorsed to the Board for third level
positions constituted in the DILG.
d. For vacancies in the first and second levels, all qualified next-in-rank employees shall
be automatically considered candidates for promotion to the next higher position.

Functions and Responsibilities of the PSPB - First and Second level position.
1. Adopt a formal screening procedure and formulate criteria for the evaluation of
candidates for appointment.
 2. Disseminate screening procedure and criteria for selection to all agency officials and
employees and interested applicants. Any modification of the procedure and criteria
for selection shall likewise be properly disseminated.
3. Prepare a systematic assessment of the competence and qualifications of
candidates for appointment.
4. Evaluate and deliberate en banc the qualifications of those listed in the selection line-
up.
5. Submit the list of screened candidates from which the appointing authority shall
choose the applicant to be appointed.
6. Maintain records of the deliberations which must be made accessible to interested
parties upon written request and for inspection and audit by CSC.
7. Orient the officials and employees in the BJMP pertaining to policies relative to
personnel actions, including the gender and development dimensions of the Merit
Selection and Promotion Plan.

4.Grievance Machinery

Objectives:
1. Create a work atmosphere conducive to good supervisor-employee relations and
improve employee morale;
2. Settle grievances at the lowest level possible;
3. Prevent discontent and disenchantment between and among the uniformed and non-
uniformed personnel; andand dispute settlement.
4. Serve as a catalyst for the development of capabilities of personnel on conflict
management

Application of the Grievance Machinery

1. Non-implementation of policies, practices and procedures on economic and financial
issues and other terms and conditions of employment fixed by law, including salaries,
incentives, working hours and leave benefits, such as, but not limited to, the delay in
the processing of overtime pay, unreasonable withholding of salaries and inaction on
application for leave;
2. Non-implementation of policies, practices and procedures which affect personnel
actions, such as recruitment, appointment, promotion, detail, transfer, relief,
retirement, termination, lay-off, and other related issues.
3. Poor physical working conditions, such as, but not limited to, the lack of proper
ventilation in the workplace, and insufficient facilities and equipment necessary for
the safety and protection of employees with hazardous workplace;
4. Poor interpersonal relationships and linkages, such as, but not limited to, the
unreasonable refusal by one employee to give official information to another; and
5. Other work-related matters giving rise to employee dissatisfaction and
discontentment outside of those cases enumerated above.

Grievance Procedures
1. Discussion with Immediate Supervisor
 2. Appeal to the Higher Supervisor
3. Appeal to the Grievance Committee
4. Appeal to Top Management
5. Appeal to the Civil Service Commission Regional Office.

Composition of the Grievance Committee

National Headquarters
1. The Chief, DHRRM
2. Two (2) members coming from the Directorial Staff or officers holding equivalent
positions
3. Two (2) members from the rank and file who shall be chosen through a general
assembly or any other mode of selection to be conducted for the purpose
4. The BilisAksyon Partner (BAP) duly designated.

Regional Offices
1. The Chief, HRRM
2. Two (2) members coming from the Division Chiefs, selected by such officers from
among themselves
3. Two (2) members from the rank and file who shall be chosen through a general
assembly or any other mode of selection to be conducted for any purpose
4. The BAP duly designated.

5. Career and Personnel Development Plan

1. Objectives:
a. Provide personnel the opportunity of pursuing a balanced and well-rounded
career in the BJMP through a system of assignments/job rotations and in-service
trainings;
b. Develop career consciousness in every uniformed personnel by prescribing
duties and responsibilities best suited to his/her skills and rank;
c. Guide the BJMP leadership in arriving at sound decisions in the deployment of
their subordinate officers to prescribed duty areas; and
d. Develop effective jail officers in the overall administration and operation of the
Corrections Pillar of the Criminal Justice System.
2. Strategies and Phases of Implementation

a. The number and skills of BJMP officers to be developed is determined by

organizational needs. As requirements change, the number and skills of BJMP
officers to be developed is adjusted accordingly;
b. Career progression and development shall be undertaken through the following
schemes:
1. Progression rotation of duty and area assignments;
 2. Education and training;
3. Performance Evaluation System;
4. Merit Selection and Promotion Plan;
5. Individual participation in professional development; and
6. Counseling and mentoring.

c. Five (5) Phases of Career Progression

1. Career Entry Phase – The goals of this phase include the initial development
of non-officers in primary specialty areas, provision of basic knowledge on the
profession and maximum exposure to jail work experiences.
2. Junior Intermediate management Phase – This phase aims for Inspectors and
Seniors Inspectors to commence their growth in several alternative special
areas, to continue to develop in primary specialty areas, to gain practical
supervisory or management experience and to acquire formal management
education.
3. Senior Intermediate Management Phase – This phase aims for the continuous
development of Chief Inspectors in primary specialty areas and in several
alternative specialty areas by acquiring staff management experience and
advance management education.
4. Junior Executive Management Phase – This phase aims for the continuous
development of superintendents in primary and alternative specialty areas by
providing the maximum exposure to staff level management experience and
diverse opportunities for advancement in positions of higher responsibility.
5. Senior Executive Management Phase – This phase covers those with the
ranks of Senior Superintendent and above. It aims for the maximum utilization
of their capabilities and the development of their managerial and leadership
qualities and skills in positions of major responsibility either in primary areas
or in any of the alternative specialty areas.
d. Operating Principles/Guidelines
4. Career Pattern – Each uniformed personnel progresses in his/her career through a
system of assignment rotation in jail station, management staff and training duties
including exposure to a variety of field, regional and national office experiences
designed to enable him/her to advance his/her service in the organization.
5. Assignment/Territoriality Rotation
1. A minimum of one (1) year work experience in a duty assignment;
2. At least two (2) years in each of the geographical areas in Luzon, Visayas,
Mindanao and the BJMP National Headquarters, for the ranks of
Superintendent and above;
3. Non-officers may be assigned in their respective regions provided they
have rendered at least five (5) years of service.
4. All personnel may choose their own occupational skills in different fields
such as intelligence, finance, information technology, medical/dental
support.
5. Career Progression Path of BJMP Officer and Non-Officer
 Management Information System
Introduction

The concept of the MIS has evolved over time comprising many different facets of
the organizational function. MIS is a necessity of all the organizations. The initial concept
of MIS is to process data from the organization and present it in reports. The system was
largely capable of handling the data from collection to processing. There is a modification
of this concept when a distinction between data and information realized. The information
is a product of an analysis of data. This concept is similar to a raw material and the
finished product

Definition: Management Information System (MIS)

An organized approach to the study of the information needs of an organization's

management at every level in making operational, tactical, and strategic decisions. Its
objective is to design and implement procedures, processes, and routines that provide
suitably detailed reports in an accurate, consistent, and timely manner.

In a management information system, modern, computerized systems continuously

gather relevant data, both from inside and outside an organization. This data is then
processed, integrated, and stored in acentralized database (or data warehouse) where it
is constantly updated and made available to all who have the authority to access it, in a
form that suits their purpose.

Background

Kenneth and Jane Laudon identify five eras of MIS evolution corresponding to the Five
Phases in the development of computing technology:

1) mainframe and minicomputer computing,

2) personal computers,
3) client/server networks,
4) enterprise computing, and
5) Cloud computing

The first era (mainframe and minicomputer), was ruled by IBM with their mainframe
computers; these computers would often take up whole rooms and require teams to run
them - IBM supplied the hardware and the software. As technology advanced, these
computers were able to handle greater capacities and therefore reduce their cost.
Smaller, more affordable minicomputers allowed larger businesses to run their own
computing centers in-house.
The second era (personal computer) began in 1965 as microprocessors started to
compete with mainframes and minicomputers and accelerated the process of
decentralizing computing power from large data centers to smaller offices. In the late
1970s, minicomputer technology gave way to personal computers and a relatively low
cost computer becomes click market commodities, allowing businesses to provide their
employees access to computing power that ten years before would have cost tens of
thousands of dollars. This proliferation of computers created a ready market for
interconnecting networks and the popularization of the Internet.

As technological complexity increased and costs decreased, the need to share

information within an enterprise also grew—giving rise to the third era (client/server), in
which computers on a common network access shared information on a server. This lets
thousands and even millions of people access data simultaneously. The fourth era
(enterprise) enabled by high-speed networks, tied all aspects of the business enterprise
together offering rich information access encompassing the complete management
structure.

The fifth era (cloud computing) is the latest and employs networking technology to deliver
applications as well as data storage independent of the configuration, location or nature
of the hardware. Along with this, is a high-speed cellphone and wifi networks, led to new
levels of mobility in which managers access the MIS remotely with laptops, tablet PCs,
and smartphones.

The importance of maintaining a consistent approach to the development, use, and

review of MIS systems within the institution must be an ongoing concern of both bank
management and OCC examiners. MIS should have a clearly defined framework of
guidelines, policies or practices, standards, and procedures for the organization. These
followed throughout the institution in the development, maintenance, and use of all MIS.

MIS viewed and used at many levels by management. It should be supportive by the
institution's longer-term strategic goals and objectives. To he other extreme it is also those
everyday financial accounting systems that are used to ensure basic control is maintained
over financial recordkeeping activities.

Financial accounting systems and subsystems are just one type of institutional MIS.
Financial accounting systems are an important functional element or part of the total MIS
structure. However, they focused more narrowly on the internal balancing of an
institution's books to the general ledger and other financial accounting subsystems. For
example, accrual adjustments, reconciling and correcting entries used to reconcile the
financial systems to the general ledger cannot immediately entered into other MIS
systems.
Accordingly, although MIS and accounting reconcilement totals for related listings and
activities should be similar, they may not necessarily balance.

An institution's MIS should be designed to achieve the following goals:

• Enhance communication among employees.

• Deliver complex material throughout the institution.

• Provide an objective system for recording and aggregating information.

• Reduce expenses related to labor-intensive manual activities.

• Support the organization's strategic goals and direction.

Because MIS supplies decision makers with facts, it supports and enhances the overall
decision-making process. MIS also enhances job performance throughout an institution.
At the most senior levels, it provides the data and information to help the board and
management make strategic decisions. At other levels, the MIS provides means to
monitor the activities of the institution and distribute the information to management,
employees, and customers.

Effective MIS should ensure the appropriate presentation formats and required time frame
during operations and senior management are met. MIS can be developed and
maintained by either manual or automated systems or a combination of both. It should
always be sufficient to meet an institution's unique business goals and objectives. The
effective deliveries of an institution's products and services are supported by the MIS.
These systems should be accessible and useable at all appropriate levels of the
organization. MIS is a critical component of the institution's overall risk management
strategy. MIS supports management's ability to perform such reviews. MIS should be
used to recognize, monitor, measure, limit, and manage risks. Risk management involves

four main elements:

• Policies or practices.

• Operational processes.

• Staff and management.

• Feedback devices.
Frequently, operational processes and feedback devices are intertwined and cannot
easily be viewed separately. The most efficient and useable MIS should be both
operational and informational. As such, management can use MIS to measure
performance, manage resources, and help an institution comply with regulatory
requirements. One example of this would be the managing and reporting of loans to
insiders. MIS can also be used by management to provide feedback on the effectiveness
of risk controls. Controls are developed to support the proper management of risk through
the institution's policies or practices, operational processes, and the assignment of duties
and responsibilities to staff and managers.

Technology advances have increased both the availability and volume of information
management and the directors have available for both planning and decision-making.
Correspondingly, technology also increases the potential for inaccurate reporting and
flawed decision-making. Because data can be extract from many financial and transaction
systems, appropriate control procedures must be set up to ensure that information is
correct and relevant. In addition, since MIS often originates from multiple equipment
platforms including mainframes, minicomputers, and microcomputers, controls must
ensure that systems on smaller computers have processing controls that are as well
defined and as effective to those commonly found on the traditionally larger mainframe
systems.

All institutions must set up a framework of sound fundamental principles that identify risk,
establish controls, and provide for effective MIS review and monitoring systems
throughout the organization. Commonly, an organization may choose to establish and
express these sound principles in writing. The OCC fully endorses and supports placing
these principles in writing to enhance effective communications throughout the institution.
If however, management follows sound fundamental principles and governs the risk in
the MIS Review area, a written policy does not required by the OCC. If sound principles
were ineffectively practice, the OCC may require management to establish written MIS
policies to a risky communication parameters and controls in this area.

The following are some benefits for different types of management information
systems.

 Companies are able to highlight their strengths and weaknesses due to the
presence of revenue reports, employees' performance record etc. The
identification of these aspects can help the company improve their business
processes and operations.
 Giving an overall picture of a company and act as communication and planning
tool.
  The availability of the customer data and feedback can help the company to align
their business processes according to the needs of the customers. The effective
management of customer data can help the company to perform direct marketing
and promotion activities.

MIS in BJMP

BJMP initiated a creation of Simplified Inmate Record System (SIRS) but it bugged down
if 1000 records is reach. After the SIRS, the Jail Management Information System (JMIS)
followed but same it did not prosper or realised due to system failure. As of now the BJMP
MIS has the following on-going and already working projects:

 The Logistics Management Information System (LMIS) – on going status,

 Human Resource Management Information System (HRMIS) – on going status,
 FSU Information System (FSUIS) - working already (Finance-NHQ),
 The Record Tracking System (RTS) - working already (NHQ), and
 National Inmates’ Monitoring System (NIMS) - working already nationwide and
developed in-house by JO1 Orbase.

The I-JMIS (BJMP Integrated Management Information System)

The government created a National Crime & Justice Information System (NCJIS)
with the following system initiated by some agency to include BJMP:
 National Crime Information System (NCIS) old name-with failure status
 National Justice Information System (NJIS) of DOJ
 Public Safety Information System (PSIS) of DILG

While as of now, the government has on-going National Crime & Justice
Information System (NCJIS) so as with the BJMP to computerized tracking system of
offenders, to monitor incidents of arrest, investigation, trial, conviction, confinement and
release of offenders nationwide.
 Records Management

Definition of related terms on Records Management:

Records – any paper, book, photograph, motion picture film, microfilm, sound
recording, drawing, map or other document of any physical form or character whatever
or any copy thereof, that has been made by any entity or received by it in connection
with the transaction of public business and has been retained by that entity or its
successor as evidence of the objections, organizations, functions, policies, decision,
procedures, operation or other activities of the government or because of the
information contained therein.

Records Management – is the function of administrative management business

operation and education concerned with the creation ( forms, reports, correspondence
and directive,) protection (housing and disaster insurance), retention (inventories,
schedule and center operations), retrieval (duplication and location of information),
preservation (history/archives) of records and records information required for the
continuance of government, business and industry operations at cost consistent with the
services involved. Records Management is the practice of maintaining the records of
an organization from the time they are created up lto their eventual disposal. This may
include classifying, storing, securing and destruction (or in some cases, archival
preservation) of records. A record can be either a tangible object or digital information:
for example, birth certificates, medical x-rays, office documents, databases, application
data, and e-mail. Records Management is primarily concerned with the evidence of an
organization’s activities, and is usually applied according to the value of the records
rather than their physical format.

Accession – the process of transferring no n-current/archival records from the custody

of an operating agency to the administrative control and guardianship of a records
center/archival agency.

Appraisal – the study of records, their relationships and content, to determine their
value.

Classification Scheme or Guide – a systematic arrangement of subjects according to

a plan as an aid classifying file materials.

Current Records – records that are often used on carrying on government function in
connection with which they have accumulated; dealing with matters of contemporary
importance, such needed fort action or for reference in continuing agency transaction
and subject to immediately relevant addition or other modification.

Cut-off Period / File Break – the termination of filing activity for particular file at a
predetermined time, or after a lapse of a specific event and the beginning of a new filing
period.

Disposal – the act of selling, burning for any other way of getting rid of valueless
records.

Document – recorded information regardless of medium or characteristics, frequently

used interchangeable with “records.”

Transfer of Records – the movement of records out of high cost space and equipment
to a depository for economy.

Functions of records management.

 Ensure improved quality of information that are being sent to the Regional
Offices down to the lowest units.
 Assist management in its fundamental responsibilities especially to the human
resource of the Jail Bureau.
 Program the record’s life cycle
 Simplify and eliminate paper work

Phases of records management

Records Creation – it is the organization’s operation wherein exchanges of

written ideas between two sources occur. It is also the act of collecting records
and retaining in a record system.

Major fields in records creation:

a. Directives /Instructions Management – the term directive is applied to any

issuance of an organization that guides, instructs and informs employees in
their work. This includes formalized statements of policy and procedure.

b. Correspondence Management – conversation reduced into writing. It should

convey facts and thoughts in simple, readable and understandable language.
Unprecise correspondence consists of letters, memoranda and
endorsements, directives including written or printed matters.
c. Forms Management – a form may be a piece of communication, letter or
document usually printed or mimeographed or produced in some other ways
 whose contents are either completed by filing in the blanks or spaces
provided for.

d. Reports Management – a report is an official statement of facts relevant to

any activity, operation, program or condition. It is usually written in narrative,
statistical or graphical form.

Records Maintenance and Use – creative processes of records management

that includes the proper handling and operations of records, the arrangement of
written materials into usable filing sequences and the selection of the most
efficiently type of filing.
Postal / Messengerial services
Electrical / Electronic Devices

Mail Management –

- Application of control measures in the handling of incoming mails.

- Implementation of policies and procedures to ensure the smooth flow of
inter-office written communications.
- Movement of outgoing mails from one point to another in a manner that is
fast, accurate and economical.

Parts of Mail Management:

a) Mail Administration – concerns agency policies and guidelines which make

sure that written communication move from one point to another in a
matter desired by an agency.
b) Mail Operations – involves the actual movement of mail as fast as possible
from one point to another within the agency and dispatching mail from the
agency.
It involves three (3) areas of activity:
- Handling of incoming mail
- Handling of outgoing mail
- Performing messenger services

Types of Mail”

a) Routine (ordinary) mail – maybe forwarded to the action units without the
necessity of recording or controlling it. However, should the agency decide
to do so, it must select and define what routine mail must be recorded –
- When it involves matters or ordinary interest
- When it does not require a time limit nor it is urgent in nature
- When it purely informational in purpose
- When it requires ordinary action or no reply
 a. Non-routine Mails (important or significant) – mail necessities recording
or control. Sometimes it requires action within a specified time.

Procedures in handling incoming mail:

a) Receiving –generally, the agency’s mail room is usually the first receiving
point for mail addressed to the office served by the said mail unit. For mail
received through postal service, arrangement should be made with the post
office so that mail can be delivered earlier than the start of the regular
working hours giving enough time for mail room personnel to process and
quickly distribute the mail to action units concerned avoiding an early
morning backlog, especially when volume of mail received daily the agency
is big. In case the mail piece is not in good condition, tampered, damage or
lost inquiries and reports must be made immediately to the postal
authorities.

b) Sorting – the process by which routine mail is separated from non-routine

mail.

c) Routing – the process of determining and indicating on the mail piece the
action units to which it is to be forwarded.

d) Controlling – this refers to any procedure of recording or action made

concerning the receipts, location, status or dispatch of mail.

1. Files Management – it deals with keeping and maintaining records in custody

and the procedures of classifying, filling and servicing them.

Importance of files:
- Files are important because they are sources of information for decision
making and problem solving. They are the memory for the storage of
information in the form of records.
- Official files are the bloodstream of an organization. They are the
documentary evidences of an organization in the performance of its
functions. And they are important link in the information system of the
organization.

Organizing files:
 a) Centralized Files – records of common interest or value to many
employees within an organization can be placed under the control of one
supervisor, these are frequently called the Central Files. These records
may include general correspondence, orders, invoices, credit memos, etc.

b) Decentralized Files – are records that are made and used by a single
organization unit and maintained and controlled at the point of origin.

Major Operations of Files Management:

a) Classification Operation – the key to the agency filing system for official
files is the uniform filing system. It is one of the tools for a centralized
control or records system.
b) Kinds of Filing System
- Alphabetical
- Numerical or numeric filing
- Chronological filing
- Functional subject – Alphabetical Classification System (FSACS)

Records Disposition Administration

a) Records Disposition – a systematic transfer of on-current records from an

office to any records storage area, the identification and preservation of
permanent records and the outright destruction of valueless records.

b) Records Disposition Program –it is a pre-determined, well-arranged and

coordinated plan of activities for the retention, preservation and destruction of
records in any agency or institution. Benefits of a records disposition program:
it saves space, time, equipment and records.

Activities in Records Disposition Program:

a) Records Inventory – it is a descriptive list of the record holdings of an agency.

It is usually done by records series.

b) Appraisal Records – it is the process by which records are carefully and

systematically studies and analyzed for the purpose of establishing their
respective values.

Values of records:
 a) Time Value – generally refers to a specific period of usefulness.
b) Utility Value – concerns the nature of the usefulness of the record to the
agency’s operation.

Establishment of Retention Periods – a Records Disposition Schedule (RDS) is a

written account of the action to be taken with respect to all records maintained by the
agency.

a) Records Disposition Schedule

b) Preparation, submission and approval of records disposition schedule.
c) Application of the records disposition schedule
Disposal of records – I the act of removing valueless records from existing
agency files or storage areas and getting rid of them by selling, burning or
shredding or by any other way of destroying them.

Life Cycle of Records: Records go through these three (3) stages in its life,
namely:

a) Birth or Creation – during which the record is created or comes into existence.

b) Active Life – during which the record is maintained, used for controlled.

c) Inactive Life – the time when the record is very rarely or no longer referred to and
must be transferred to a cheaper place. These records have already served their
purpose but must be kept just then same for legal requirements or some other
compelling reasons. They are only destroyed the moment their retention period
have expired.

d) Disposal Stage – records finally becomes worthless to then organization and

must be disposed of. Records that have already served their purpose and are no
longer of any value to the agency must be destroyed to save space and relieve
the files from congestion.

Security of Records – is defined as the preventive and protective measures and

actions undertaken in order to safeguard records/documents in all government agencies
from unauthorized and indiscriminate disclosure, damage, destruction and loss, whether
these records are filed in the current or non-current storage area.

Hazards to the security of records:

  Theft
 Arson
 Sabotage
 Espionage

How to protect our records and documents

Vital documents or records are placed in the areas considered as exceptionally safe,
free from fire, larceny, from flood and other form of natural calamity.
 Vital documents are microfiled
 Control of keys to the stack areas
 Use of charge out keys
 Application of Restricted Areas policy
 Designation of No Smoking Areas
 Duly authenticated duplicate copies should be stored separately from the
originals
 Constant security survey
 Surveillance of records personnel
 Whenever necessary, adopt body and baggage searches to all personnel
entering and going out of the records storage areas for security reasons.

Basic tools for proper execution of records keeping

 Responsiveness Records Classification System to provide basic organization

and structure for the control of records and information.
 Filing Equipment and Supplies to properly and effectively hold and control
records for easy filing and quick access.
 Filing and Proper Handling Procedures for efficient handling of records and
information and work flow of the organization.
 Records Retention Schedule (Age of Records) to determine the period records
are to be retained in active files, in inactive storage or records center.
 Authority to Dispose – written procedures and forms to transfer records from
active to inactive and to approve destruction of records no longer needed.

Purpose, importance and practice of records management

A. Purpose:

1. To create records that are only necessary for the operation of the agency like
the jail bureau.
2. To produce records when requested by competent authority and keep and
maintain them as long as needed.
 3. To save records necessary for continuous operation and dispose of those no
longer needed.

B. Importance:

1. Records are the memory of an organization’s transactions.

2. Records are important because of the information they contain used as
working tools of management in the formulation of policy, programs or
projects.
3. Records are sources of statistics to support innovation of agency’s plans and
program of work.
4. Records help decision makers shape the future of the agency.

C. Practice: The practice of records management may involve:

- Planning the information needs of an organization
- Identifying information requiring capture
- Creating, approving and enforcing policies and practices regarding
records, including their organization and disposal
- Developing a records storage plan, which includes the short and long-term
housing of physical records and digital information?
- Identifying, classifying and storing records.
- Coordinating access to records internally and outside of the organization,
balancing the requirements of business confidentiality, data privacy and
public access.
- Executing a retention policy on the disposal of records which are no longer
required for operational reasons; according to organizational policies,
statutory requirements and other regulations this may involve either their
destruction or permanent preservation in an archive.

Classification of Records

1. TOP SECRET – records or documents contain information and materials, the

unauthorized disclosure of which would cause exceptionally grave damage to the
National Security. This kind of records deserve the most guarded secrecy by the
person involve.
2. SECRET – records or documents contain information or materials, the
unauthorized disclosure of which would endanger National Security, cause
serious injury to the interest and prestige of the nation or any governmental
activity or would be of great advantage to other nation.
3. CONFIDENTIAL – records contain information and materials, the unauthorized
disclosure of which would be prejudicial to the interest or prestige of the nation or
any government activity or would cause administrative embarrassment or
unwarranted injury to the honor and dignity of an individual or would be of
advantage to a foreign nation.
 4. RESTRICTED – records contain information and materials which requires
specific protection other than that determined to be TOP SECRET, SECRET OR
CONFIDENTIAL.

Issues and problems on BJMP Records Management System.

ISSUES
- Records are hard to find
- Misplaced or misfiled records
- Borrowing records can cause harm
- Cost of keeping and maintaining records

PROBLEMS
- The continuous increase of requirements for keeping records in modern
business
- Creation of more records as a result of expansion and diversification of
offices/units.
- Difficulty of tracing records due to poor filing system, carelessness or the
absence of good organizations and control
- Increasing number of records
- Lack of standardized filing equipment in the jail bureau
- Lack of training of the records personnel
- Lack of standards in the creation of forms letters, reports, etc..
- Lack of budget for the purchase of proper filing equipment and materials
- Lack of specific records policy and procedures on records filing retention
and disposal