AGONCILLO COLLEGE INC.

Poblacion, Agoncillo, Batangas

Tel: (043) 7740011 / 0921- 739-3635/ 0916- 327-

9908

Email: [email protected]

MODULE
CRIMINAL JUSTICE SYSTEM
WEEK 2- March 29

DAY- Sunday

TIME- 3 hours

ACTIVITY- Answer the following questions at the last page.

DEADLINE- March 31

III. COURT – The third pillar of the Criminal Justice System

General functions of the Courts in relation of the CJS:
1. To protect the rights of the accused – the courts are responsible for reviewing the
actions of law enforcement agencies to ensure that the police have not violated
the rights of the accused;
2. To determine by all legal means whether a person is guilty of a crime – review all
the evidences presented by the police to determine its relevance and
admissibility in accordance with the Constitution and the rules of Court;
3. To dispose properly of those convicted of the crimes – the Courts have the
responsibility to examine the background of the accused and the circumstances
of the crime;
4. To protect the society – after the accused has been found guilty, the court may
determine if the offender should be removed from society and incarcerated in
order to protect the safety of life and property and this is specially in case of
Probation;
5. To prevent and reduce criminal behaviour –this is the task properly imposing the
proper penalty and sanctions that will serve to deter the future criminal acts by
the offender an also serve as an example and deterrent to others who would
commit criminal acts or threaten public safety.
JURISDICTION
 It is the authority of the court to hear and try a particular offense and to impose
the punishment provided by law.

VENUE
Refers to the place, location or site where the case is to be heard on its merits.

COURT’S EXERCISE OF DISCRETION:

a. To set bail or set conditions for the release of the accused;
b. To rule on the procedural matters as raised by the defendant or the prosecutor
during the trial;
c. To impose sentence or not;
d. To convict or to acquit the accused;
e. To revoke probation or suspended sentence.
ARRAIGNMENT
It is the stage where the issues are joined in criminal action and without which
the proceedings cannot advance further.
It is the stage of the proceedings whereby the accused shall be informed of
his/her constitutional right to be (officially) informed of the nature and the cause of the
accusation against him and to ask him of his plea.
JUDGEMENT
It is the adjudication by the court that the accused is guilty or not 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 is based.
PROMULGATION OF JUDGMENT
The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. However, if the conviction is for a light
offense, the judgment may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside the province or city, the judgment
may be promulgated by the clerk of court.
WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED
The weight of the evidence required in order to convict an accused is “Proof
beyond reasonable doubt”
ACQUITTAL
It is a finding of not guilty based on the merits. Meaning, the accused is acquitted
because the evidence does not show that his guilt is beyond reasonable doubt.
APPEAL
Appeal is a statutory right granted to the accused or even the government in
proper cases to seek remedy before an Appellate Court for the annulment or reversal of
an adverse decision or conviction rendered by the Trial Court.
WHO HAS THE RIGHT TO APPEAL?
As a rule, this right is only granted to the convicted offender. However, the
Supreme Court in one of its landmark decision held that the right to appeal shall not be
denied to the government prosecutor when proper.
IV. CORRECTIONS –The fourth pillar of the CJS
Corrections – deals with punishment, treatment and incarceration of offenders.
Corrections as the fourth pillar takes over the criminal treatment once the
accused, after having been found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be turned over to a non – institutional
or institutional agency or facility for custodial treatment and rehabilitation.
GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE
ADMINISTRATION OF CJS
1. To maintain the institutions – the correctional component is responsible for
maintaining prisons, jails and other institutional facilities to receive convicted
offenders sentence to periods of incarceration.
2. To protect law abiding members of society – Corrections custody and security
in order to keep sentenced offenders removed from the free world so that they
cannot commit further crimes on society.
3. To reform offenders – It is responsible for developing and providing services to
assist incarcerated offenders to reform and assist them in returning to society
and in leading a non-criminal life after his/her release.
4. To deter crimes – It is responsible for encouraging incarcerated and potential
offenders to lead law-abiding lives the experience of incarceration and the denial
of freedom to live in a free society.
TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE
ADMINISTRATION OF CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of
the accused has become final and executory. That is, when the judicial process has
been completed and the court issues MITTIMUS for the enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for
custody or detention only, in which case the court issues a COMMITMENT ORDER.
COMMITMENT ORDER
It is a written order of a court or authority consigning a person to jail or prison for
detention.
CORRECTIONAL AGENCIES IN THE PHILIPPINES
1. Institutional Corrections Agencies
a. Bureau of Corrections – an agency under the Department of Justice (DOJ) that
is charged with custody and rehabilitation of national offenders, that is, those
sentenced to serve a term of imprisonment of more than three (3) years. It
 exercises control and supervision of all the corrections/prisons facilities
nationwide.
b. Provincial Jails – a jail for the safekeeping of prisoners at the capital of each
province, and in the absence of special provision all expenses incident to the
maintenance thereof and of maintaining prisoners are borne by the province.
c. Bureau of Jail Management and Penology (BJMP) – created by virtue of
Republic Act 6975, exercise supervision and control over all district, city and
municipal jail nationwide. Formally established on January 2, 1991.
CLASSIFICATION OF PRISONERS
1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.
2.1 Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6
months.
2.2 City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
2.3 Provincial Jail – sentenced to 6 months one day to 3 years
2.4 National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion
Perpetua or Life Imprisonment.
2. Non – Institutional Correctional Agencies
a. Parole and Probation Administration – an attached agency of the DOJ which
provides a less costly alternative to imprisonment of offenders who are likely to
respond to individualized community based treatment programs. Headed by an
Administrator
- Handles the investigation of petitioners for probation, and the supervision
of probationers, parolees and conditional pardonees.
b. Board of Pardons and Parole –the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant, except in cases of
impeachment, pardon, reprieve and amnesty after conviction by final judgment.
History:
Act 4103, otherwise known as Indeterminate Sentence Law, took
effect on December 4, 1933, created the Board of Indeterminate
Sentence.
Amended by Executive Order No. 83, Series of 1937, renamed
the Board of Indeterminate Sentence to Board of Pardons.
Amended by Executive Order No. 94, abolished the Board of
Pardons and created the Board of Pardons and Parole.
 c. Department of Social Welfare and Development (DSWD) – renders services
for Children in Conflict with the Law (CICL) (RA 9344, Juvenile Justice and
Welfare Act of 2006, April 28, 2006).
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15)
years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with
existing laws.
Duties During Initial Investigation. - The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with
the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the
following: (1) child's counsel of choice or in the absence thereof, a lawyer from the
Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the
case may be; and (3) the local social welfare and development officer. In the absence of
the child's parents, guardian, or nearest relative, and the local social welfare and
development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do
either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or
below or above fifteen (15) but below eighteen (18) years old, who acted without
discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who
acted with discernment, proceed to diversion under the following chapter.
Probation as an Alternative to Imprisonment
The court may, after it shall have convicted and sentenced a child in conflict with
the law, and upon application at any time, place the child on probation in lieu of service
of his/her sentence taking into account the best interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of
1976", is hereby amended accordingly.

PROBATION
 - Is a disposition under which a defendant after conviction and sentence, is
released subject to conditions imposed by the court and under the supervision of
a probation officer.
- Is a privilege granted by the court to a person convicted of a criminal offense to
remain in the community instead of actually going to prison.
PARDON
Is an act of grace proceeding from the power entrusted with the execution of the laws
which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime he has committed. It is the power reposed by the Constitution to the
President of the Philippines.
PAROLE
Is a procedure by which prisoners are selected for release on the basis of the
individual response to the correctional institution and the service progress and by which
they are provided with the necessary controls and guidance as they serve the
remainder of their sentences within the free community.
DISQUALIFICATIONS:
a. Their offenses are punished with death penalty, reclusion perpetua or life
imprisonment;
b. They were convicted of treason, conspiracy, or proposal to commit treason,
misprision of treason, rebellion, sedition or coup d’ etat and piracy or mutiny on
the high seas or Philippine waters;
c. They are habitual delinquents;
d. They escaped from confinement or evaded sentence;
e. They have been on conditional pardon and had violated any of the conditions
imposed by the Board
f. Their sentence do not exceed one (1) year;
g. They are suffering from any mental disorder as proven by the government
psychiatrist or psychologist accredited by the Department of Health;
h. They have pending criminal cases.
AMNESTY
Is a general pardon extended to a group of prisoners and exercised by the
President of the Philippines with the concurrence of Congress. The recipients are
usually political offenders.
V. COMMUNITY – The fifth pillar of the CJS
Role of the Community as the fifth pillar of the Criminal Justice System.
- the community is understood to mean as “ elements that are mobilized and
energized to help authorities in effectively addressing the law and order concern
of the citizenry.”

The responsibilities of the community in relation to Law Enforcement

 As one of the pillars or component of the Criminal Justice system, the community
with its massive membership has vital responsibilities in law enforcement.
The citizens can achieve these roles:
a. identifying offenders;
b. giving data about the illegal activities and cohorts of the criminals, and the
proliferation of organized crimes and syndicates;
c. volunteering as witnesses;
d. adopting precautionary and remedial measures to diminish crime.
As had been pointed out, crime prevention is not the sole responsibility of the police
but is equally the concern of every citizen in order to have a peaceful place to live in.
Examples of Community participation in the Administration of Criminal Justice in
our setting
 a. They are the following:
1. The growing interest in the rights and welfare of the victim as shown by the
government with the cooperation of community leaders. Accordingly, R.A.
No. 6981, otherwise known as the “Witness protection and Security
Act” was passed and approved on April 24, 1991.
This is to encourage the citizenry to participate in the Criminal Justice System by
helping the government and The community in dealing with crime and criminals.
The Creation of Police-Community Relations
 R.A. 6975, created this unit in order to implement plans and programs that will promote
community and citizens’ participation in the maintenance of peace and
order and public safety.[2] It was created to establish harmonious
relationship between the police and the citizen. The community
involvement in the criminal justice system is necessary to show its
problems and encourage action for the solution thereof. It is clear that the
police and the citizens need each other to combat and eradicate
criminality.
HOW CAN POLICE-COMMUNITY RELATIONS BE ACHIEVED?
This can be done through:
a. Constant dialogues between seminars to acquaint the barangay tanods and the
police aides of their duties and responsibilities in the performance of their
functions in the community;
b. The police must follow the rule of law on dealing with the citizens by performing
their duties in a humble and efficient manner and by showing the public goodwill
KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)
BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY
PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION
TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY
LEVEL
 - promulgated on 27 January 1978
PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES
AT THE BARANGAY LEVEL
RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991
- provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- enacted on 10 October 1991
PROCEDURE FOR AMICABLE SETTLEMENT
1) Who may initiate proceedings?
Any individual who has a cause of action against another individual involving any
matter within the authority of the Lupon may complain, orally or in writing, to the Lupon.
2) What shall the Chairman do upon receipt of the complaint?
The Chairman shall meet with the respondent and complainant and mediate. If
he fails in his mediation within fifteen (15) days, he shall set a date for the
constitution of the Pangkat.
3) What shall the Pangkat do after its constitution?
The Pangkat shall meet not later than three (3) days after their constitution, on
the date set by the Chairman, to hear both parties.
4) Within how may days should the Pangkat settle the dispute?
The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days
from its meeting. This period may be extended for another fifteen (15) days, at
the discretion of the Pangkat.
5) How shall the settlement be made official?
All amicable settlement shall be in writing.
6) Why should parties resort to amicable settlement before going to the police?
Because it is a pre-condition to filing of complaint in court:
“No complaint involving any matter within the authority of the Lupon shall
be filed directly in court unless there has been a confrontation between the
parties before the Chairman or the Pangkat, and that no conciliation or
settlement has been reached as certified by the Secretary, or unless the
settlement has been repudiated by the parties.”
7) What shall be the effect of the amicable settlement?
The amicable settlement shall have the force and effect of a final judgment of a
court upon the expiration of ten (10) days from the date of settlement.
Answer the following questions;
1) What is LUPONG TAGAPAMAYAPA?
2) What shall be the composition of the Lupon?
3) Who are qualified to become members of the Lupon?
4) When shall the Lupon be constituted?
5) What is the term of office of a Lupon member?
6) What is the basic function of the Lupon?
7) What is PANGKAT TAGAPAGKASUNDO?
8) What shall be the composition of the Pangkat?
9) When shall the Pangkat be constituted?
10) Who shall appoint the members of the Pangkat?
11) What are the DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES?
12) What are the ELEMENTS OF PAROLE?
13) What are the PURPOSES OF CORRECTION?
14) What are the DIFFERENT COURTS?
15) What is Mittimus?

GINA C. CAMBONGGA RCrim.

Prepared by: