Rules On Evidence
Rules On Evidence
Rules On Evidence
Introduction:
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.
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.
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
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.
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
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;
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 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 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
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.
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.
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)
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
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.
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 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.
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-
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).
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
Introduction
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:
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.
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.”
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).
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
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.”
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).
Jurat --- is that part of an affidavit where the officer certifies that the same was
“sworn” before him.
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:
-and-
WITNESSETH:
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.
Vendor Vendee
W I T N E S S E S:
________________________ _________________________
ACKNOWLEDGMENT
CITY OF DASMARINAS ) S. S.
WITNESS MY HAND AND SEAL on the date and place above written.
NOTARY PUBLIC
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:
and
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.
_______________________ __________________________
ACKNOWLEDGMENT
WITNESS MY HAND AND SEAL on the date and place above written.
NOTARY PUBLIC
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 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;
IN WITNESS WHEREOF, I have hereunto set my hand this 08th day of March
2010 in Dasmarinas City, Cavite.
_____________________
Affiant
RESOLUTION
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”;
Done at the BJMPRO IV-A, Dalahican Road, Ibabang Dupay, Lucena City,
Philippines this 21st day of June 2010.
AUTHORIZATION
___________________________
PROVINCE OF CAVITE
-versus- for
_____________________________ THEFT
Accused.
x--------------------------------------------x
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.
__________________________
Accused-Movant
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
-versus- for
Accused.
x--------------------------------------------x
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;
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;
_______________________
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
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
____________________________
____________________________
ACKNOWLEDGMENT
WITNESS MY HAND AND SEAL on the date and place above written.
NOTARY PUBLIC
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 – 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.
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 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
Judicial Power
1. Municipal Trial Courts, Municipal Circuit Trial Courts and Metropolitan Trial
Courts.
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).
- 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).
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.
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 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 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 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.
Arrest – the taking of a person into custody in order that he may be bound answer for
the commission of an offense.
Section 5. Arrest without warrant; when lawful. A peace officer or a private person may,
without a warrant, arrest a person:
Section 6. Time of making arrest. – An arrest may be made on any day and at any
time of the day or night
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.
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 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.
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
Section 2. Plea of guilty to a lesser offense, - Should be done during the arrangement
but before trial.
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 11. Suspension of arraignment. – Upon motion by the proper party, the
arrangement shall be suspended in the following cases.
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:
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.
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
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.
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.
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.
Any party may appeal from a judgment or final order, unless the accused will be
placed in double jeopardy.
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.
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;
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)
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:
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:
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:
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
Mechanics of Rating
1. Level Performance
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
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.
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.
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
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
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.
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.
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
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
Background
Kenneth and Jane Laudon identify five eras of MIS evolution corresponding to the Five
Phases in the development of computing technology:
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.
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.
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.
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
• Policies or practices.
• Operational processes.
• 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:
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
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.
Appraisal – the study of records, their relationships and content, to determine their
value.
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.
Transfer of Records – the movement of records out of high cost space and equipment
to a depository for economy.
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
Mail Management –
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.
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.
c) Routing – the process of determining and indicating on the mail piece the
action units to which it is to be forwarded.
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.
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)
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.
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.
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.
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:
Classification of Records
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