Cri 121-Intro Cjs

Department of Criminal Justice Education
Criminology Program
Physically Distanced but Academically Engaged
Self-Instructional Manual (SIM) for Self-Directed

Learning (SDL)
Course/Subject: CRI 121 Intro. Criminal Justice System
Name of Teacher: Johannes Jesus M. Nieves, RCrim ,MCrim
THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT

FOR REPRODUCTION AND DISTRIBUTION OUTSIDE OF
ITS INTENDED USE. THIS IS INTENDED ONLY FOR THE
USE OF THE STUDENTS WHO ARE OFFICIALLY
ENROLLED IN THE COURSE/SUBJECT.
EXPECT REVISIONS OF THE MANUAL.
DEPARTMENT OF CRIMINAL JUSTICE EDUCATION
Mabini Street, Tagum City
Davao del Norte
Telefax: (084)655-9591 Local 120
CourseCoordinator: Johannes Jesus M. Nieves

Email: [email protected]
Student Consultation: By appointment
Mobile 09264140831
EffectivityDate: August 2020
Mode of Delivery: Distance Education Delivery
Time Frame: 54 Hours
Student Workload: Expected Self-Directed Learning
Requisites: CRI 111
Credit: 3
Attendance Requirements: A minimum of 100% attendance is required
at all scheduled sessions.
Course Outline Policy
Areas of Concern Details

Contact and Non-contact Hours This 3-unit course self-instructional manual is
designed for distance learning mode of instructional
delivery. The expected number of hours will be 54
including the supplemented traditional contact and/or
social media platform (if necessary).
Assessment Task Submission Submission of assessment tasks shall be on 3rd, 5th,

7th and 9th week of the term. The assessment paper
shall be attached with a cover page indicating the title
of the assessment task (if the task is performance),
the name of the course coordinator, date of
submission and name of the student. The document
should be emailed to the course coordinator. It is also
expected that you already paid your tuition and other
fees before the submission of the assessment task.
If the assessment task is done in real time through

the features in the Quipper Learning Management
System, the schedule shall be arranged ahead of
time by the course coordinator.
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Sincethiscourseisincludedinthelicensureexamination
for criminologist, you will be required to take the
Multiple- Choice Question exam inside the University.
This should be scheduled ahead of time by your
course coordinator. This is non-negotiable for all
licensure-basedprograms.
Turnitin Submission To ensure honesty and authenticity, all assessment
(if necessary) tasks are required to be submitted through Turnitin
with a maximum similarity index of 30% allowed. This
means that if your paper goes beyond 30%, the
students will either opt to redo her/his paper or
explain in writing addressed to the course
coordinator the reasons for the similarity. In addition,
if the paper has reached more than 30% similarity
index, the student may be called for a disciplinary
action in accordance with the University’s OPM on
Intellectual and Academic Honesty.
Please note that academic dishonesty such as

cheating and commissioning other students or people
to complete the task for you have severe
punishments (reprimand, warning, expulsion).
Penalties for Late The score for an assessment item submitted after the
Assignments/Assessments designated time on the due date, without an
approved extension of time, will be reduced by 5% of
the possible maximum score for that assessment
item for each day or part day that the assessment
item is late.
However, if the late submission of assessment

paper has a valid reason, a letter of explanation
should be submitted and approved by the course
coordinator. If necessary, you will also be required
to present/attach evidences.
Return of Assignments/ Assessment tasks will be returned to you two (2)
Assessments weeks after the submission. This will be returned by
email or via Quipper portal.
For group assessment tasks, the course coordinator

will require some or few of the students for online or
virtual sessions to ask clarificatory questions to
validate the originality of the assessment task
submitted and to ensure that all the group members
are involved.
Assignment Resubmission You should request in writing addressed to the
course coordinator his/her intention to resubmit an
assessment task. The resubmission is premised on
the student’s failure to comply with the similarity
index
3 and other
reasonable grounds such as academic literacy
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standards or other reasonable circumstances e.g.

illness, accidents financial constraints.
Re-marking of Assessment You should request in writing addressed to the
Papers and Appeal program coordinator your intention to appeal or
contest the score given to an assessment task. The
letter should explicitly explain the reasons/points to
contest the grade. The program coordinator shall
communicate with the students on the approval and
disapproval of the request.
If disapproved by the course coordinator, you can

elevate your case to the program head or the dean
with the original letter of request. The final decision
will
come from the dean of the college.
Grading System Assessment methods Weights
EXAMINATIONS 60%
A
Exam 1st – 3rd 30%
.
B
Final Exam 30%
.
CLASS PARTICIPATIONS 40%
C
Quizzes 10%
.
D
Assignments 5%
.
E
Research/Requirement 15%
.
F
Oral recitation 10%
.
Total 100%
Preferred Referencing Style Depends on the discipline; if uncertain or inadequate,

use the general practice of the APA 6th Edition.
Student Communication You are required to create a email account which is a

requirement to access the Quipperportal. Then, the
course coordinator shall enroll the students to have
access to the materials and resources of the course.
All communication formats: chat, submission of
assessment tasks, requests etc. shall be through the
portal and other university recognized platforms.
You can also meet the course coordinator in

person through the scheduled face to face
sessions to raise your issues and concerns.
For students who have not created their student

email, please contact the course coordinator or
program head.
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Telefax: (084)655-9591 Local 120
Contact Details of the Dean Gina Fe G. Israel, EdD

Email:
[email protected]
Phone: 0915 832 5092 / 0909 994 2314
Contact Details of the Program Jun Mark A. Asis, MSCrim
Head Email: [email protected]
Phone: 0938 493 1993
Students with Special Needs Students with special needs shall communicate with
the course coordinator about the nature of his or her
special needs. Depending on the nature of the need,
the course coordinator with the approval of the
program coordinator may provide alternative
assessment tasks or extension of the deadline of
submission of assessment tasks. However, the
alternative assessment tasks should still be in the
serviceof
achieving the desired course learningoutcomes.
Help Desk Contact Globe: 0917 466 709
Smart: 09308920005
Library Contact [email protected]
0927 395 1639
Course Information – see/download course syllabus in the Quipper
CC’s Voice: Hello there! Good day!WelcometothiscourseCRI 121:Introduction

to Phil. Criminal Justice System. As a criminology student it is
imperative to gain this literacy regarding Criminal Justice System
as it is one of the vital job of a law enforcer, to prevent and
control crimes, enforcement of law and effecting arrest of
offenders , including the conduct of lawful searches and seizures
to gather necessary evidences so that complaint may filed .
Criminal Justice System in the Philippines Is composed of five
pillars , the Law Enforcement , the Prosecution, the Court,
Correction, and the Community . Thus, enjoy while learning this
course.
CO As a student of this course you are expected to explain the

Criminal Justice System manner of operation, wherein they will
explain the formal institution and the informal institution of the
Criminal Justice System.
Let us begin!
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Big Picture
Week 1-3: Unit Learning Outcomes (ULO): At the end of the unit, you are
expected to
a. Understand the nature and major components or pillar’s of Criminal Justice

System and its functions.
b. Be particular with the different functions of law enforcement agencies in
our country , the nature of prosecution , the Administration of Justice
( Court ) , the Correctional Service , the Community
Big Picture in Focus: ULOa. Understand the nature and basic

Metalanguage
concepts of CRIMINAL JUSTICE SYSTEM particularly the Five
The following
Pillar’s arewith
along termsthetodifferent
be remembered
methodsaswegothroughin studying this
of the components.
unit.Pleaserefertothesedefinitionsas supplement incaseyouwill encounter difficulty in
understanding the basic concepts of CRIMINAL JUSICE SYSTEM.
1. Criminal justice System the machinery established by government to
deal with the problem of crime criminality. It takes the orderly progression
of events from the a person is arrested or taken out to the community
investigated, prosecuted, sentenced, punished and eventually returned
to the community.
2. Justice a social standard offering a medium of control of the people’s
dealing with one another
3. The Social and the Legal perspective, Social perspective crime
refers to an act of menacing or harming people’s lives, safety , morals
and property while the Legal perspective crime is defined as an act or
omission which is in violation of law .
Essential Knowledge
The following are basic concept of Special Criminal Justice System that may be
useful for you to understand . The said concepts might be confusing or difficult as a
beginner but at the later part of this unit would be of great help for you to understand
the nature of its existence.Please note that you are not limited to exclusively refer to
these resources. Thus, you are expected to utilize other books, research articles and
other resources that are available in the university’s library e.g. ebrary,
search.proquest.cometc., and even online tutorial websites.
1. Criminal Tendencies – the criminal tendencies of a person would

come to develop if the materials for committing a crime are present .
1.a . If a person possesses a gun or any deadly weapon , a great

tendency would develop specially when the person is provoked or
tempted to use materials or instruments in his position for him to be
able to pursue its intention and motive in committing a crime .
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1.b. Another is when a person is economically depressed or
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pressured a considerable tendency would be resulting a commission
of a crime as a way of relieving its pressure . A correlation also
shows between economic deprivation and crime . These are just few
instances where tendency is a reasonable factor for the commission
of an offense .
2. Situation – this refers to an environmental factor that induces or

invites an individual to commit crime .
2.a. If a person is in a situation wherein he meets face to face his

perennial enemy or the person reped and murdered his wife and
daughter and burned his house , the situation in itself would speak
and ignite the flaring fire of revenge , more so , if the person
possesses a weapon – chances are crime out of the product of
vengeance may happen .
3. Resistance – this pertains to the person’s susceptibility to

commitviolations or failure to follow certain social standards or rule of
conduct whenever his emotional , spiritual , moral, mental , and the
physical or physiological being is weak .
3.a. At this instance , both situation and tendency are present within
each individual’s environment , though these things vary according to
its form , size or degree of the individual . If the person cannot control
his being out of the temptation of its environment , no doubt that he
will commit wrong . But if the person is strong and mature enough in
its emotional , spiritual , moral, mental and physical aspects of its life
most likely he will be able to control himself and evade to whatever
temptations that will come in various forms and perspectives.
3.b. Out of the tendencies and situations being present in your

immediate environment , the person’s biological and physiological
aspects would lead him to commit or evade a crime .
3.c. Crime does not exist within the person’s inner being or together
with its birth , but rather , crimes exist as a matter of one’s reaction to
a certain stimulus , which makes him do an act .
3.d. Many theoretical perspectives ten to explain the origin of crime

and its causes thereby providing a perspective that would tell us why
crime exits. Most of these theories focus on man and its environment.
However, to say that the years of studies conducted by social
scientist, in the search of the causes of crime failed to develop a cur
to crime. Causes and origin of crime where already revealed but the
cure to crime is still nowhere to be found and this is clearly
manifested in the escalating of crime incidents in any country and in
the world. According to a great philosopher, that “ man is expected to
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commit wrong because that’s what makes him man”.
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4. Social Perspective – crimes refersto an act of menacing or harming

people’s lives , safety, morals and property . Crime in its social
context covers all acts , which threatens , endangers or injure lives or
property of people directly or indirectly . These acts would cover
throwing garbage or toxic waste unto our waters , which in effect
destroys our marine life , thereby creating scarcity of man’s source of
marine foods for survival . This would not only kill our marine lives but
as well as making water unsafe for drinking . All these acts constitute
a social crime because it endangers the lives of man and threatens
the incoming generation of human race .Therefore , social crime is an
act of man , which destroys our ecological balance.
5. Legal Perspective – under this perspective , crime is defined as an

act or omission which is in violation of law . A criminal on the other
hand refers to a person who committed or omitted an act which is in
violation of law and being convicted and punished for such violation
of law .Therefore , crime is an act or behavior of a person , which our
society considers it wrong and not socially acceptable . Rape ,
murder, robbery etc. are examples of acts punishable while omission
is the inaction or nonperformance of a person who s expected to
extend a helping hand on someone who needs his assistance due to
threats to his life – could be liable for not performing his moral
obligation as a rational being as define under the law .
6. NullumCrImen ,nullapoena sine legis– There is no crime if there is

no law punishing on it .
6.a. An act or behavior of a person could be a crime if , there is a law

punishing such an act . If there were no law that defines such an act
as a crime , then no crime would have been committed . Therefore , a
person could only be a criminal if found guilty to have committed a
crime .During trial while in the process of determining the guilt of a
person who is suspected to have violated the law the person alleged
of committing a crime is not already a criminal but a mere suspect to
have committed a criminal act . A human being can at anytime do or
commit crime or any infractions of law because human nature is
govern by its biological , psychological and social make-up .
7. Quasi Delict – an act whereby a person without malice but by fault ,

negligence or imprudence not legally excusable , causes injury to
another .
7.a. When a person commits an act of negligence , ( lack of foresight or

imprudence and indicative lack of skills ) maybe held criminally
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liable if it causes damage to another whether to another person or
property . These acts are made punishable even though the person has
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no criminal intention of committing such an act , due to the moral
responsibility of the person doing an act . Therefore , the person is
being responsible of his acts thus the person should suffer the
consequences as an effect or result of its act .
8. Law – is rule of conduct , just and made obligatory by legitimate

authority for the general welfare and benefits of all people .
8.a. Laws maintain order in the society ;
8.b. Laws regulate human interaction ;
8.c. Laws defines the economic environment ;
8.d. Laws enhances predictability ;
8.e. Laws support the powerful ;
8.f. Laws promote orderly social change ;
8.g. Laws sustain individual rights ;
8.h. Laws redress wrongs ;
8.i. Laws identify evildoers ; and
8.j. Laws mandate punishment and rehabilitation of offenders .
A great philosopher once said, “that law should be like death, which
spares no one”. A law must be just or equal whereinno one is
abovethe law applies to everyone. The law must be obligatory for
equal protection and safety at people. As stated by Jeremy Bentham,
“that every law is an infraction to freedom”. This is so, because the
law defines the conduct and behavior of all persons it governs, for the
reasons of peace and order. That anyone who will do away with the
acceptable conduct or violates the rule of conduct which is set forth
by the people through the law should be punished and suffer the
consequences of violating the law. In any law, punishment is always
attached to give a deterrent controlling effect unto the peoples’
behavior. If a law not carry any punishment there is no means that
would compel people to follow it, therefore , it is the same as no law
at all , wherein the law of the jungle applies and only the strong
survives in the community . These would then forfeit the concept of
protection, safety, and most of all peace and order.
Law and punishment must not be feared but rather it should not only
be followed for everybody’s equal opportunity of protection. Those
who are afraid of the law ony those would be violators of law, for they
know that they will be punished and suffer the curtailment of one’s
freedom as a consequence of violating the law.
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9. Development of Laws
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9.aMesopotamian laws and Codes
 LexTaliones –in English, it means Law of Retaliation...
9.bThe Code of Hammurabi
 Semitic law –“an eye for an eye”, the law seeks to protect the
“weak and the poor.”
9.cRoman Empire and Law
 Law of the Twelve Tables - Covered all categories of the law and
also included specific penalties for various infractions.
 Megistrate – a public official authorized to decide questions

brought before a court of justice.
 Canon Law – the body codified laws governing the affairs of a

Christian church.
10. Philippine Laws and Concept
The early Filipinos had both forms of written and unwritten laws ;
 Written laws is one in which has been given definite written form
at a particular time and process , usually by a constituted
authority of legislature .
 Our written laws were promulgated by the Datu’s. The two known
written codes during the Spanish era are the “ Maragtas Code “
which was said to have been written about 1250 A.D. ( Anno
Domini , in the year of our Lord ) by DatoSumakwel of Panay ,
and the” Kalantiao Code “ written 1433 A.D. by DatuKalantiao ,
also from Panay .
 Unwritten form of law is one in which it is entirely a product of
social evolution consisting largely of a mass customs, rites,
mores, folkways, tradition the like.
 Our criminal or penal code was patterned from the Spanish penal
code of 1843.
 The Philippine penal code was then called “ Revised Penal Code
“ because the committee that was created by Administrative
Order No. 94 of the Department of Justice on October 18, 1927
was only tasked to revise the old penal code taking into
consideration the existing conditions, special laws and rulings of
the Supreme Court .
 The Revised Penal Code was enacted by the Philippine
Legislature and was approved on December 8, 1930 and took
effect on January 1, 1932 .
11. Criminal Law

Defined as a branch or division of law , which defines crimes ,
62 and provides for their punishment .
treats of their nature
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Sources of Philippine Criminal Law
 The Revised Penal Code

 Special Laws promulgated by the Philippine Legislature
 Penal Presidential Decree issued during Martial Law
12. Institutional Approaches on Criminal Justice System
 Historical Approach – supported by facts from history or formerly

existing , happening or relating of the past .
 Legalistic Approach – recognized or established by court of law ,
allowed under the law or legislation.
 Socio Behavioral Approach – argue that it should be evaluated on
how successfully it changes undesirable behavior into socially
acceptable conduct .
13. Operational Reality Approach – attempts to consider the criminal

justice system as it is pragmatic in practice . What really transpires at
the numerous points of action in the criminal justice process is its
usual query ? For example , how do the police officers on the streets
apply the law ? In what cases does the prosecutor exercise his
discretion not to prosecute ?
14. Organizational Approach – approaches that look at the criminal

justice procedure or its distinctive mechanisms and evaluate them in
consideration with the governmental standards .
15. Reform Approach – this approach attempts to pinpoint those

components of criminal justice that are inhuman or unjust and reform
them .
16. Criminal Justice System in the Philippines

- Define as the machinery which the society uses in the prevention
and control of crime .
Major Components or Pillars of CJS and its functions ;
16.a Law Enforcement Pillar
 NBI – National Bureau of Investigation

 BIR – Bureau of Internal Revenue
 LTO – Land Transportation Office
 BOC – Bureau of Customs
 FDA – Food and Drug Administration
 PCG – Philippine Coast Guard
 PASC – Philippine Aviation Security Command
 MARINA – Maritime Industry Authority
 BFD – Bureau of Food and Drugs
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 BFAR – Bureau of Fish and Aquatic Resources
 ATO – Air Transportation Office
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 DENR – Department of Environment and Natural Resources
 DFA – Department of Foreign Affairs
 BID – Bureau of Immigration and Deportation
 PDEA – Philippine Drug Enforcement Agency
16.b Prosecution Pillar
 The investigation of the grievances or complaints is the primary

concern of the 2ndpillar . The PNP may initiate the filing of
complaint with the lower courts in rural areas such as the
Municipal Trial Courts or the Municipal Circuit Trial Courts . The
Judges of these inferior courts act as quasi-prosecutors only for
the purposes of the preliminary investigation .
 The three (3 ) systems of criminal procedure
Inquisitorial – the detection and prosecution of offenders are not

left the initiative of private parties but to the officials and agents of
the law . The judge is not limited to the evidence brought before
him but could proceed with his own inquiry which was not
confrontative
Accusatorial – The accusation is exercised by every citizen or by

a member of the group to which the injured party belongs . The
essence of the accusatorial system is the right to be presumed
innocent . To defeat this presumption , the prosecution must
establish proof of guilt beyond reasonable doubt ( moral
certainty )
Mixed – This is a combination of the inquisitorial and accusatorial

systems , The examinations of defendants and other persons
before filing of the complaint or information is inquisitorial .
Other prosecuting officers under the department of justice :
 NPS – National Prosecution Office

 OSP – Office of the Special Prosecutor
 JAGO – Judge Advocate General Office
 Office of the Ombudsman
 City Provincial Prosecutor Office
17. Courts Pillar
The third pillar of the CJS is the forum where the prosecution is given
the opportunity to prove that there is a strong evidence of guilt
against the accused . It is also in the court that the accused is given
his “ day in court “ to disprove the accusation against him. The
62 of innocence to any person accused of a
constitutional presumption
crime must be proved beyond reasonable doubt . This means that the
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court must determined the guilt of the accused – beyond reasonable
doubt – based on the strength of the evidence of the prosecution .
Court Organization from Top to Bottom :
 Supreme Court
 Court of Appeals
 Sandiganbayan
 Regional Trial Court
 Municipal Trial Court
 Municipal Circuit Trial Court
 And other quasi-judicial bodies attached in other government
agencies as such : Court of Tax Appeals , Labor , PLEB , DENR,
and the like ;
18. Correctional Pillar
The fourth pillar takes over the accused , after having been found
guilty and is meted out of the penalty for the crime he committed ,
When the penalty is imprisonment , the sentence is carried out either
in the Municipal, Provincial or National penitentiary depending on the
duration / length of the sentence meted out .
Correctional Agencies ;
 BUCOR – Bureau of Corrections

 PPA – Parole and Probation Administration
 BPP – Board of Pardon and Parole
 BJMP – Bureau Jail Management and Penology
 PRC – Provincial Rehabilitation Center
 C/MRC – City / Municipal Rehabilitation Center
 RYRC – Regional Youth Rehabilitation Center
19. Community Pillar
Two-fold roles of the community pillar ;
 First , it has the responsibility to participate in law enforcement

activities by being partners of the peace officers in reporting the
crime incident and helping in the arrest of the offender .
 Second, it has the responsibility to participate in the promotion of
peace and order through crime prevention or deterrence and in
the rehabilitation of convicts and their reintegration to society .
The mobilized community is composed of the following ;
 DSWD – Department of Social Welfare and Development

 NEDA – National Economic Development Authority
 DILG – Department62of Interior and Local Government
 PPSC – Philippine Public Safety College
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 PIA – Public Information Authority
 DDB – Dangerous Drugs Board
 And other government agencies , non-government organization ,
people’s organization and other private institutions.
Functions of the Criminal Justice System ;
 To prevent and control the commission of crime

 To enforce the law
 To safeguard lives, individual rights, and properties
 To investigate , apprehend , prosecute and sentence those who
violate the rules of society ; and
 To rehabilitate the convicts and reintegrate them into the
community as law abiding citizens .
Criminal JusticeSystem Manner of Operation
 The first four pillars ,ie, Law Enforcement , Prosecution, Court,

Corrections are “ formal institution while the community pillar is
informal institution .
Generally , the commission of a crime starts within the community . If

a person violates our criminal ;aw , two instances possibly occur:
 First , when there is no victim involve in the commission of the

crime except, the state in it self .
Ex. The use of dangerous drugs , prostitution , illegal gambling and
the like .
 Second , if there is a victim to a crime committed such as rape,

murder , assault , theft, and others
Self-Help: You can also refer to the sources below to help you
Madelo Porferio C. (2013).Instructional Module on Criminal Justice System.Quezon
further understand
City, Philippines: Wiseman’s Books Trading the
Inc. lesson
Let’s Check 62
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Let us try the following activities to check your understanding in this unit.
Activity1.Identification.In the space provided, write the term/s being asked in the
followingstatements: (One point each)
1. A social standard offering a medium of control of the
people’s dealing with one another.
2. It is designated by the government for the defense of
criminal case charge against persons who cannot the services of a private
counsel .
3. There is no crime if there is no law punishing on it .
4. In english , it means law of retaliation .
5. The code during the Spanish era ,which was said to
have been written about 1250 A.D. by DatuSumakwel of Panay..
6. Defined as a branch or division of law which defines
crimes, treats of their nature and provides for their punishment.
7. Focused on the prevention and control of crimes ,
enforcement of laws and effecting arrest of offenders .
8. This the combination of the inquisitorial and
accusatorial systems..
9. The first four ( 4 ) pillars are considered informal
institutions while the fifth ( 5 ) pillar is considered , what institution ?
10. Our criminal code was patterned from the ?
Activity2.Multiple choice : Select the best answer and underline the corresponding letter. (One
point each).
1. What is the date of effectivity of the RPC.

a. January 1, 1932
b. Dec. 8, 1932
c. DEC. 8, 1930
d. January 1, 1930
2. It is a rule of conduct, just and made obligatory by legitimate authority for the
general welfare and benefits of all people.
a. LAW
b. ETHICS
c. JUSTICE
d. POLICY
3. The machinery established as the machinery established by the government to
deal with the problem of crime and criminality.
a. JUSTICE
b. SYSTEM
c. CRIMINAL JUSTICE SYSTEM
d. CRIMINAL
4. The Maragtas Code and Kalantiao Code was known during what era.
a. SPANISH ERA
b. PRE SPANISH ERA 62
c. AMERICAN ERA
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d. JAPANESE ERA
5. The body of codified laws governing the affairs of a Christian Church.
a. LAW OF 12 TABLES
b. LAW OF THE 12 TABLES
c. CANON LAW
d. CANNON LAW
6. What code was discovered by the French in 1902.
a. CODE OF HAMURRABI
b. SUMERIAN CODE
c. SUMMERIAN CODE
d. CODE OF HAMMURABI
7. A social standard offering a medium of control of the people’s dealing with one
another.
a. POLICY
b. CODE
c. JUSTICE
d. LAW
8. When was the Code of Kalantiaowritten.

a. 1344 A.D
b. 1433 A.D
c. 1433 B.C
d. 1344 B.C
9. The RPC was approved on what date.
a. DEC. 8, 1930
b. JAN. 1, 1932
c. JA. 1, 1930
d. DEC. 8, 1932
10. It has the responsibility to participate in law enforcement activities by being
partners of the peace officers in reporting the crime incident, and helping in the arrest
of the offender.
a. POLICE PILLAR
b. COMMUNITY PILLAR
c. PROSECUTION PILLAR
d. COURT PILLAR
Let’s Analyze
Let us try the following activities to knowhow deep is your understanding
about the topics of this unit.
1. Discuss the formal and informal institution of the five ( 5 ) pillars of the
Criminal Justice System manner of operation.
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2. Explain how important is Law ?.

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In a Nutshell
62
In this part you are going to jot down what you have learned in this unit.
The said statement of yours could be in a form of concluding statements,
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arguments, or perspective you have drawn from this lesson. I have indicated my
arguments or lessons learned.
1. Under the concept of a participative Criminal Justice System in the

Philippines , public and private agencies as well as citizens, becomes part of
the CJS when they participate and become involved with issues and
activities related to crime prevention .
2. One of the primary functions of an organized society is to ensure the security
and safety of its people . These enormous and highly complicated
responsibility is lodge primarily between the legs of criminal justice .
Now it’s your turn!

1.
2.
3.
4.
5.
Big Picture in Focus: ULOb. Be particular with the terms

used in the Law Enforcement Service and analyze the
different needs of different
Metalanguage 62 terms of policing specially
in the
The early development
following are terms to beof Law Enforcement
remembered .
aswegothroughin studying
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this unit.Pleaserefertothesedefinitions as supplement incaseyouwill encounter
difficulty in understanding the basic concepts and approaches in Criminal Justice
System.
4. Police originated from the Greek word “ politeia” meaning government of

the city.
5. Patrol in French word “ patrouiller” meaning to go through the
puddles which means to go over an area and clean up the mess or social
disorder .
6. Police Community Relations ( PCR ) it is defined as sum total of all
dealings of the police with the people it serves and whose goodwill and
cooperation it craves for to ensure the greatest possible efficiency in
public service while continuing a process by which endeavors are made
to obtain the goodwill and cooperation of the public for the effective
enforcement of the law and the accomplishment of police purpose.
7. Medjaythe early organized police officers of the Egyptians .
8. Police Discretion the wise use of one’s judgment over a delicate
situation requiring immediate and decisive action .
9. Civil Disturbance Control ( CDC) operations duringstrikes, lookouts
and labor disputes , law enforcement agents shall at all times , exercise
maximum tolerance.
10. Probable Cause refers to such facts and circumstances antecedents to
the issuance of a warrant sufficient in themselves to induce a cautious
man to rely upon them and act in pursuance thereof .
11. Bail is the security given for the releaseof a person in custody of the law
and it can be in the form of : corporate surety, property bond, cash
deposits, recognizance .
12. 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 properties describe therein and
bring it before the court.
13. Commitment Order it is a warrant issued by a court bearing its seal and
the signature of the judge , directing a jail to admit an arrested person for
purposes of confinement while awaiting trial .
14. Entrapment signifies ways and means used by a peace officer to catch
or apprehend a person who has committed a crime , with or without it ,
the crime has already been committed .
Essential Knowledge
Before we proceed further with the study of Philippine Criminal Justice
System, it is highly important that we pay tribute to the first pillar of CJS and
other Law Enforcement Agencies of the country. As a Law Enforcement Service
you should have a commendable knowledge of these pillar in the study of the
PCJS . 62
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1. Early development of Policing the history of police is as old as old

society’s civilization . By natural instinctive drive , man always needs
protection for his safety . Man first attempt to protect himself and his
family is manifested through the barricades placed at the entrance of
their cave’s and communities and by possessing weapons .
2. Ancient Babylon The earliest recorded of organized police would
date us back in 200 B.C. in the ancient Babylon . Were a report was
written on a clay tablet , notifying the superior of a Babylon officer
that he have proceeded to the man’s house as ordered nad arrested
the person , take his fingertips and controlled his liberty and
properties .
3. Ancient Egypt the early Egyptians has also an organized police
officers which was called medjay.
4. Middle Ages : Frankpledge system the Saxon frankpledge required

all adult males to be responsible for the good conduct of each other
and to band together for rheir community protection .
5. Keeper’s of the Peace in 1195 Richard ( the Lion heart ) of England
commission certain nights to preserve the peace in unruly areas .
They were responsible to the king for ensuring that the law was
upheld nad preserved the King’s peace and were known as “ keepers
of the Peace “ .
6. Bow street runners Henry and John Fielding , while serving
magistrate in England create the bow street runners . This group of
privately paid persons was the first organized attempt at follow up
investigation of crimes .
7. United States their policing concepts were pattern from England
since they were colonized for quite of time . In Northern part of United
States policing concepts were “ watch “ or “ constable system “ The
southern part used the sheriff system. Boston formed the first “
nightwatch “. New York formed the “ ratelwatch “ or ralle watch . and
in New York organized the first modern American Police force “
posse comitatus “ to assist in law enforcement , the methods of
“wanted poster “ and “ bounty hunters “ were used. The bounty
hunters tracked down wanted criminals , especially those wanted “
dead or alive “ and often they were shot by ambush .
8. Pre – Spanish era the “ cabeza de barangay “ was the head and
leader of a group of settlers .
8.aCarabineros de SeguridadPublicaduring the Spanish regime the

first organized police force in 1712 , its purpose is to carry out the
regulations of the department of state . The Carbineros are members
od the Spanish militia or rifleman.
8.bCuerpo de Carabineros de seguridad de Publicatheir duties
were the prosecution of lawbreakers and criminals ; the maintenance
of peace and order and security watching and guarding the
customhouses , rivers seacoasts and prevention of entry of
62
contraband .
8.c Guardrilleros the Royal decree of January 8, 1836 organized
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the first rural police organization in each town , their function were
maintaining public security and order , patrolling in the dark and
unsafe places guarding the tribunal of municipal building and prison
houses .
8.d Guardia Civil was created by virtue of a Royal Decree on
February 12, 1852 . The functions of Guardia Civil were separate and
distinct from the regular Spanish militia or Spanish peninsula troops.
9. American Occupation during the American occupation from 1899-

1901 immediately after the Filipino-American War an inevitable social
disparity and upheaval in the political sphere was growing .the Head
of the second Philippine Commission in the person of William Taft
took over the government from the military on July 1901 with Taft as
Civil Governor . On the other hand Luke R. Wright recommended the
establishment of an organization to be charged with the task of
maintaining peace and order in the localities placed under civil rule .
The proposal was welcomed by the Philippine Commission which
passed Organic Act no. 175 , creating an Insular Police Force .
9.a Insular Constabulary thePhilippine Commission the insular

police force through Act no. 175 July 18, 1901 it is an act providing
for the Organization and Government of Insular Constabulary , whose
functions were to preserve peace , keeping order and enforcing
laws . The Philippine Constabulary was headed by By General Henry
T. Allen
9.b Manila Police Department by virtue of act no. 183 of the second
Philippine Commission the Manila Police Department was organized
on July 31, 1901 under the leadership of Capt. George Curry as its
first Chief of Police .
9.c Philippine Constabulary on Oct. 2, 1901 the PC was organized
as provided under section 1 , of act no. 225 . At this point majority of
the PC personnel were Filipinos placed under the supervision of
American officers heade by Capt. Henry T. Allen being the first chief .
9.d Bureau of Investigation Act no. 181 was passed on Nov.1938
requiring the creation of Bureau of Investigation . It was designed
primarily for the purpose of handling scientific and modern
investigation of crimes .
 Republic Act 4864 –beginning of police reformation and

professionalization started Sept. 8, 1966 under R.A. 4864
otherwise known as the Police Act of 1966. The very objective of
this act is to improve the efficiency of the police performance ,
and the National Police Commission was also created to oversee
the police function.
 Presidential Decree 765 – created the Integrated National Police .
During this time there were two police organization existing , the
Philippine Constabulary ( PC ) , which serve as the National
Police and the Integrated National Police ( INP ) , which serves
as the local police .
 Republic Act no. 62 6975 –after it was approved by then Pres.
Corazon C. Aquino R.A. 6975 otherwise known as the “ DILG Act
of 1990 “ took effect on January 1 , 1991 , unifying the Local and
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National Police comprised by the PC/INP into Philippine National
Police to established only one Police Organization , that is
national in scope and civilian in character .
 Republic Act no. 8551 – The Philippine National Police reform
and Reorganization Act of 1998 . To this date this law governs
the Philippine National Police Organization , with intention to
provide an effective police organization and also the
professionalization in the performance of their functions.
10. The Nature and Function of Policing according to Robert Peel “

The Police are the Public and the Public are the Police “
Philippine National Police Organizational Set-up

 Chief PNP – whose hands are vested with the command and
direction of the PNP.
 Two ( 2 ) Deputies one for Administration and one for Operations
 Chief of the Directorial Staff who act as the chief operating officer
of the PNP. He coordinates supervise and directs the directorial
staff of the PNP and all PNP units / offices in the performance of
their respective functions
 The Inspector General of the chief inspectorate and Internal
Affair’s Office ( IIAO ) assist the Chief PNP in ensuring the
operational readiness of the command and investigating offenses
committed by the PNP personnel .
The Directorial Staff consist of ten ( 10 ) Directorates namely:

 Directorate for personnel and Records Management
 Directorate of Intelligence
 Directorate for Operations
 Directorate for Logistics
 Directorate for Plans
 Directorate for Comptrollership
 Directorate for Police Community Relations
 Directorate for Investigation and Directive Management
 Directorate for Human Resource and Doctrine Development
 Directorate for Research and Development
11. There are twenty ( 20 ) national support units , nine ( 9 ) of which are
administrative and eleven ( 11 ) are operational .
The administrative support units are the following :
UNIT DUTIES AND FUNCTION

Logistic Support Service Responsible for the procurement ,
distribution and management of all
the logistical requirement of the
PNP including firearms and
62 ammunition ;
Computer Service Tasked to design , implement and
maintain to data base system for
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the PNP
Finance Service Responsible for the delivery of
fiscal services to the PNP
personnel
Health Service Provides the health requirements
of the PNP
Communication Service Tasked to established an effective
Police communication network
Chaplain service Provides religious , spiritual and
other counseling services for moral
growth of PNP personnel and their
dependents
Legal Service Serves as the legal arm of the
PNP
Headquarters support Provides general house keeping
service and camp security services
Engineering Service Responsible for all engineering
matters in the PNP including its
housing program
The operational Support Unit are :

UNIT DUTIES AND FUNCTIONS
Maritime Group Performs all police functions
over Philippine territorial
waters and rivers
Intelligence Group Serves as the intelligence and
counter intelligence operating
unit of the PNP
Security and Protection Office Provides security to
government officials , visiting
dignitaries , and private
individuals authorized to be
given protection
Criminal Investigation and Undertakes the monitoring ,
Detection Group investigation and prosecution
of all crimes involving
economic sabotage and other
crimes of such magnitude and
extent as to indicate their
commission by highly placed
or professional criminal
syndicates and organizations
Special Action force Functions as to mobile strike
force or reaction unit to
augment regional , provincial ,
municipal and city police
forces for civil disturbance
control
Civil Security Group Regulates business operation
62 and activities of all organized
private detectives , watchmen ,
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security guards / agencies and
company guard forces . it also
supervise the licensing and
registration of firearms and
explosives
Crime Laboratory Provide scientific and technical
investigative aid in support to
the PNP and other
government investigative
agencies
12. The contemporary situation and concept of policing in the

Philippines
* Being acquainted with the challenges of the police in a democratic

society would keep our policing concept at pace with the ever
changing culture of our people .
* The most complex thing to deal with is human for he has his own
independent mind that drives him to every action he wants to do.
* Ethnic and cultural peculiarities of our society and the complexity of
dealing with crime should draw and embarked a new brand of
policing concept that would precisely address the kind or brand
society has .
“ Asocial “
A person whose acts are
manifested by vile , cruel and
atrocious acts and conduct for which
they feel no remorse .
12.aIn an effort to gain the support of the community , the Philippine

National Police
has continued to pursue and adopt strategies and measures aimed at
improving the image of the police and fostering discipline in ranks .
 Enhancement of the Police and its Performance – to enhance the

moral standards and values of PNP personnel , extensive value
sensitization programs must be implemented .
 Adoption of Stricter recruitment measures –the PNP continue to
adopt stricter measures and procedure in the recruitment ,
selection and promotion of personnel to attract and detain the
most competent and brightest men in the police service .
 Vigorous implementation of complanpagbabago - This is an
internal reform program aimed at wedding out misfits and
scalawags in the PNP .
 Implementation of the PNP morale and welfare program –
conferment of incentives , awards and meritorious performance of
police personnel shall
62 be part and parcel of the reform efforts in
the PNP.
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 Enhancement of patrol tactics and strategies – the project aims to

increase the police visibility in crime prone areas and to bring the
police closer to the people .
13. The Police Action

 Police Patrol – is a proactive measure in policing . The presence
of uniform police officers in an area deters an individual who
plans to commit any violation of law .
“ Crime Prevention”
It is a method of
anticipation , recognition and
the appraisal of a crime risk
and the initiation of action to
preclude or impede its
occurrence .
14. Evolution of Crime Prevention
“ Neighborhood Watch “
An undertaking
primarily involved in the
campaign of information
dissemination or community
awareness program related to
crime prevention.
“ Koban “
it is a small neighborhood
police station found in Japan .
14.aLevel of action in Crime Prevention
 Primary level of prevention -this level is based on one of the

principal division of criminology known as criminal etiology ( an
attempt on scientific analysis of the causes of crime ) .
 Secondary level of prevention – this is based on well established
law enforcement practices to include problem oriented policing
( team solution is encourage in resolving a problem ) and hot spot
analysis ( aim at areas where saturation drive or directed
patrolling is essential ) .
 Tertiary level of prevention – it is based on procedures that
usually serve as deterrence if not as a means of minimizing loss,
damage or hazards has a reactive characteristic.
62
15. Police Investigation
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 Once the first line of defense is broken ( crime prevention )
 The second line of defense ( crime suppression ) will take place.
Investigating crime is one tedious activity of a police officer , its
aim is to identify the five ( 5 ) W’s and one ( 1 ) H .
15.a Rights of person’s under investigation
 To be inform of his rights to remain silent ;

 To have a competent and independent counsel preferably of his
own choice or to be provided with one ;
 Right against the used of torture , force, violence, threats ,
intimidation or any other means which vitiates the freewill ;
 The against being held in secret , solitary , incommunicado or
other similar forms of detention .
R.A. 7438
An act defining certain
rights of person arrested ,
detained or under custodial
investigation as well as the
duties of arresting , detaining 15.bAcquisition of
and investigating officers and Information
providing penalties for
 violations thereof. information gathering is
very essential particularly
in the conduct of investigation .
“ Lead “
Evidence pointing
to a possible
solution .
 Entrapment signifies the ways and means used by a peace

officer to catch or apprehend a person who has committed a
crime with or without it , the crime has already been committed ,
while Instigation takes place when a peace officer induces a
person to commit a crime and without it the crime would not be
committed .
 Arrest defined as the taking a person into custody in order that
he may bound to answer for the commission of an offense , arrest
maybe made in two instances ; first with a warrant issued by a
court signed by the judge in effect of a criminal charged filed
against a person , second , arrest without the warrant can be
done by the police or any citizen in the community .
 The person arrested without the warrant shall be detained subject

to the hours prescribed under Executive Order No. 272 ;
62
12 hours Light offenses such as slight physical
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injuries
18 hours Correctional offenses such as theft
where the amount is not more than
6,000 pesos , detention should not
exceed .
36 hours Afflictive offenses such as rape,
homicide , murder , robbery and others
Note :
The hours of detention will only be counted during government office
hour’s , which do not include breaks , holidays and the like. If the
hour’s of detention had already elapsed and no case had been filed
in court the detained person must be release .Otherwise , the police
could be charge for arbitrary detention .
No. Type of Bail Nature and Purpose

1 Corporate Surety In which private institution
guarantees the
appearance of the person
whenever court requires ;
2 Property Bond Covers only real
properties that would
guarantee for his
temporary release
3 Cash Deposits Is the amount
recommended by the
prosecutor and maybe
changed or fixed by the
judge and must be
satisfied by the bondman .
The judge has the
discretion as to the
amount of the bail bond
whether o reduce it in its
minimum or to increase it
to its maximum amount
4 Recognizance a responsible and
reputable person in the
community can take the
obligation and
responsibility for the
release and present him
whenever the court needs
his personal appearance .
62
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16. Rules on Hostage Situation
In negotiation for the release of a hostage , the safety of the

hostage is paramount . The following steps shall be undertaken .
 There shall be an organized Crisis Management task group in

every region / province/ municipality trained and ready for
development anytime .
 There shall be only one ground commander in the area ;
 The incident shall be cordoned ;
 Negotiations shall be designated and no one shell be allowed to
talk with the suspects without clearance from the negotiating
panel / ground commander ;
 Assault shall be well planned and assaulting teams must be
alerted for deployment in case the negotiation fails;
 Ambulance with medical crew and fire truck shall be detailed at
the incident area ; and
 Proper coordinator with all participating elements shall be done to
unify efforts in solving the crisis .
Self-Help: You can

MadeloPorferio also refer to the
C.(2013).Instructional sources
Module below
on Criminal to help you further
Justice
understand the Books
System.Quezon City, Philippines:Wiseman’s lesson Trading Inc.
Let’s Check
1. The wise use of one’s judgment over a delicate
situation requiring immediate and decisive action .
2. Rules on Civil Disturbance Control , operations during
strikes , lookouts and other labor disputes , law enforcement agents shall at all
times exercise ;
3. The act of confiscation/taking possession of something
by legal process .
62
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4. Refers to such facts and circumstances antecedents to
the issuance of a warrant sufficient in themselves to induce a cautious man to
rely upon them and act in pursuance thereof .
5. it 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 properties described therein and bring
it before the court.
6.Bail is the security given for the release of a person in
custody of the law .
7. It is a warrant by a court bearing its seal and the
signature of the judge , directing to a jail to admit an arrested person for
purposes of confinement while awaiting trial .
8. the person arrested without the warrant shall be
detained subject to the hours prescribed under .
9. Defined as the taking of a person into custody in order
that he may bound to answer for the commission of an offense .
10. An act defining certain rights of person arrested ,
detained or under custodial investigation as well as the duties of the arresting ,
detaining and investigating officers , and providing penalties for violations
thereof .
Let’s Analyze
Let us try the following activities to knowhow deep your understanding
about the topics of this unit.At this juncture, you will be required to
ELABORATE your answers about the following questions:
1. The Guardrillerosand Guardia Civil are both created by virtue of Royal

Decree , What is the difference between the two ( 2 ) Royal Decree ?
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62
_____________________________________________________________
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2. Can you explain the Republic act no., that is considered as the PNP reform
and reorganization act of 1998 .
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In a Nutshell
The importance of how to determined if it is Entrapment and Instigation .

In this portion , you will be required give a specific scenario that signifies the
ways and means used by a peace officer .
1. Entrapment
62
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2. Instigation
62
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Big Picture
expected to
a. Understand the Prosecution System in the Philippines , The General

Functions of State Prosecutor , Specific Functions of Regional State
Prosecutor , Specific Duties and Functions of the Provincial and City
Prosecutors and the Prosecution Process .
b. Understand the Administration of Justice , Importance of Judiciary ,
Independence of Judiciary , Organization of Courts, Jurisdiction of
C.
Big Picture in Focus: ULOa. Illustrate the Prosecution System

Metalanguage
and the Administartion
The following are terms to be of Justice aswegothroughin
remembered in the Philippines .
studying
difficulty in understanding the basic concepts of Criminal Justice System .
15. Prosecution it is the process or method where by accusations are

brought before the court of justice to determine the guilt or innocence of
the accused .
16. Prosecutor refers to a person who is a quasi-judicial officer who
assumesfull discretion and control over criminal case in the
administration of justice and represent the government or the people of
the Philippines in a criminal proceedings I the court of law .
17. Beyond Reasonable Doubt it is the degree of proof which offers to the
whole facts and produces moral certainty in an unprejudiced mind of the
culpability of the accused person
18. Plaintiff a person who brings an action in a court of law .
19. Information is a n accusation in writing charging a person with an
offense ,subscribed by the Fiscal and file with the court.
20. Prima Facie Evidence denotes evidences which if unexplained or
uncontradicted is sufficient to sustain the proposition it supports or to
establish the facts as to counterbalance the presumption of innocence to
warrant a conviction .
21. Complaint It is sworn written statement charging a person withan
62
offense , subscribed by the offended party,any peace officer or public
officer charge with the enforcement of law violated .
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22. Mandamus a writ from the higher court ordering the performance of
public duty .
23. Prima facie Evidence it denotes evidences which if unexplained or
uncontradicted is sufficient to sustain the proposition it supports or to
establish the facts as to counter balance the presumption of innocence to
warrant a conviction .
24. Accused “ presumption of innocence “a right of the accused which is
founded on the principle of justice and it is intended not to protect the
guilty but to present as for as human agencies can exercise its power ,
the conviction of an innocent person .
Essential Knowledge
The Nature of Prosecution , it is the wish of every enlightened

government to do justice to its citizenry and strives to maintain a balance
between social orderliness and human liberty, the burden in maintaining this
balance is upon the prosecution pillar and the shoulders of our prosecutors ,will
be tackled in this unit.
1. Philippine Prosecution System
 Adversarial – a system of prosecution otherwise known as

accusatorial which is being is being adopted by most countries
who have common laws , whereby the victim or his representative
have the primary responsibility for finding and presenting
evidence to the court. The judge listens to the accusation and
determines the applicable punishment to the accused .
 Inquisitorial this is used in some continental countries wherein

the judge searches the facts , listens to witnesses be taken and
investigate to proved the guilt or innocence of the accused .
 Mixed System it adopts both inquisitorial and accusatorial ,

where the victim or his representatives provides the facts ,
evidence and testimony of witnesses to prove the guilt of the
accused . The judge will investigate and determine the guilt of the
accused beyond reasonable doubt and its moral certainty .
2. General Functions of State Prosecutors
 Investigate administrative charges against fiscals and other

prosecution officers ;
 Conduct the investigation and prosecution of all crimes ;
 Prepare legal opinions on queries involving violations of the
Revised Penal Code and Special Penal Laws ;
 Review appeals for 62 the resolutions of the fiscals and other
prosecuting officers in connection with criminal cases by them .
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3. Specific Functions of Regional State Prosecutors
 Implement policies , plans , programs memoranda ,

orders ,circular and rules and regulation of the Department of
Justice relative to the investigation and prosecution of criminal
cases in its regions ;
 Exercise immediate administrative supervision over all provincial
and city prosecutors and other prosecuting officers of provinces
and cities comprised within its region.
 Prosecute any case arising the region ;
 With respect to the regional office and other offices of the
provincial and city prosecutor within its region and regional state
prosecutor shall .
- Appoint such number of subordinate officers and employees

- Investigateadministrative complaints against prosecutors and
other prosecuting offices.
- Investigate administrative complaint against subordinates .
Negotiate and conclude contracts for services or for furnishing
supplies , materials and equipment .
 Coordinate with regional offices of other departments with

bureaus/agencies under the Department of Justice and with Local
Governments and police in the region.
4. Specific Duties and Functions of the Provincial and City Prosecutors
 Be the law officer of the Province or City as the case may be . He

shall be in-charge of the prosecution of all crimes , misdemeanor
and violation of city or municipal ordinances in the courts or such
province or city and shall therein discharge all the duties incident
to the institution of criminal prosecution .
 Investigate and or cause to be investigated all charges of crimes ,
misdemeanors and violations of all penal laws and ordinances
within there respective jurisdiction and have necessary
information or complaint prepared or made against the persons
accused in the conduct of such investigation , he or his assistants
shall reclined the sworn statements or take all evidence of
witnesses summon by subpoena for the purpose.
 Investigate commission of criminal acts and take active part in
gathering of relevant evidences – for this purpose the NBI , PNP
and other offices and agencies of the government shall extend to
him the necessary assistance .
 Assist the Solicitor General so with deputies in public interest , in
the performance of any functions of the discharge of any duty
incumbent upon the latter within the territorial jurisdiction of the
former , in which cases shall be under the control and supervision
of the Solicitor General with regard to the conduct of the
proceeding assigned 62 to him and render report thereon .
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5. The Prosecution Process
 The prosecution of crimes committed shall be determined by the

prosecutor s to what court has the jurisdiction over the offense
committed .For crimes committed which carries six ( 6 ) years of
imprisonment or below . The complainant may file the complaint
directly to the court that has jurisdiction over it, such as Municipal
Trial Courts and Municipal Circuit Trial Court or to the
Prosecutor’s Office . However for Metropolitan Cities and
Chartered Cities the complaint may be filed only with the office of
the prosecutor .
 For offense falling under the jurisdiction of the Regional Trial
Court , such as rape , murder , homicide or has penalty above six
( 6 ) years , the filing of complaint the filing of complaint must be
in the Prosecutor’s office for the purpose of conducting
preliminary investigation .
6. Inquest
 It is an informal and summary investigation conducted by a public

prosecutor in criminal cases involving person’s arrested and
detained without the benefit of a warrant or arrest issued by the
by the court , for the purpose of determining whether or not the
said persons should remain under custody and correspondingly
be charged in court .
7. Preliminary Investigation
 Define as an inquiry or proceeding for the purpose of determining

whether there is sufficient ground to engender a well founded
belief that a crime cognizable by the Regional Trial Court has
been committed and that the respondent is probably guilty thereof
and should be held for trial .
 The preliminary investigation will only commence upon the filing
of a complaint affidavit by the victim , complainant or police officer
to the fiscal or prosecutor’s office . The prosecutor will conduct
preliminary investigation to determine whether a prima facie
evidence exists. In the conduct of preliminary investigation the
prosecutor will subpoena the suspect to submit its counter
affidavit or evidence to answer the allegation against him , within (
10) days .
8. Sufficiency of Complaint or Information
 A complaint or information is sufficient if it state the name of the

accused ; the designation of the offense ; the acts or omissions
complained of as constituting the offense ; the name of the
offended party ; the approximate time of the commission of the
offense ; and the place
62 wherein the offense was committed .
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9. Partiality of the Prosecutor
 If the prosecutor unreasonably refused to file an information to

the court or did not include a person as an accused therein
despite the fact that the evidence clearly warrants action the
offended party has the following remedies :
9.1 The offended party , in case of grave abuse of by the prosecutor ,
may file an action for mandamus to compel the prosecutor to file
such information in court .
9.2 The accused may lodge a new complaint against the offenders to
the court having jurisdiction over the case , and have a new
examination conducted as required by law ,
9.3 Make an appeal to the secretary of justice who may take
measures in the interest of justice . He can reverse the opinion of
the prosecutor and designate a special prosecutor to review and
handle the case .
9.4 The offended party may institute administrative charges against
the erring prosecutor .
9.5 He may file charges under art. 208 of the Revised Penal Code
which is dereliction of duty.
9.6 He may file civil action for damage under art. 27 of the new civil
code , which is refusal or neglect in the performance of official
duty .
9.7 He may secure the appointment of another prosecutor .
9.8 He may institute another criminal action if no double jeopardy is
involved .
Self-Help: You can also refer to the sources below to help you further
understand
MadeloPorferio the lesson
C.(2013).Instructional Module on Criminal Justice
System.Quezon City, Philippines:Wiseman’s Books Trading Inc.
Let’s Check
1. a person who brings an action in a court of law .
2.denotes evidences which if unexplained or

uncontradicted is sufficient to sustain the proposition it supports or to establish
the facts as to counterbalance the presumption of innocence to warrant a
conviction .
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3. It is the process or method where by accusations are
brought before the court of justice to determine the guilt or innocence of the
accused .
4.TheIt is sworn written statement charging a person

withan offense ,subscribed by the offended party, any peace officer or public officer
charge with the enforcement of law violated .
5.refers to a person who is a quasi-judicial officer who
assumesfull discretion and control over criminal case in the administration of justice
and represent the government or the people of the Philippines in a criminal
proceedings I the court of law .
6.a writ from the higher court ordering the performance of public
duty .
7. this is used in some continental countries wherein the judge

searches the facts , listens to witnesses be taken and investigate to proved the
guilt or innocence of the accused .
8. a right of the accused which is founded on the principle

of justice and it is intended not to protect the guilty but to present as for as
human agencies can exercise its power , the conviction of an innocent person .
9. a system of prosecution otherwise known as
accusatorial which is being is being adopted by most countries who have
common laws , whereby the victim or his representative have the primary
responsibility for finding and presenting evidence to the court.
10.It is sworn written statement charging a person withan
offense , subscribed by the offended party, any peace officer or public officer
charge with the enforcement of law violated .
Let’s Analyze
1. On what instance that the offended party , may file an action for mandamus
to compel the prosecutor .
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2. On what particular instance that the complaint or information is considered

sufficient?
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3. To whom the offended party may appeal his case , if there is Grave abuse of
authority by the prosecutor .
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In a Nutshell
Since you already have the basic knowledge about preliminary

investigation , at what particular point that the preliminary investigation
commence . Kindly elaborate when preliminary investigation commence .
62
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Metalanguage
BigThePicture
followinginare
Focus:
terms to ULOb. Understand
be remembered the Third
aswegothroughin Pillar , the
studying
Administration of Justice
this unit.Pleaserefertothesedefinitions as “ Court “ incaseyouwill encounter
supplement
difficulty in understanding the basic concepts of the Administration of Justice “
Court “
25. Court a body to which the public administration of justice is delegated ,

being a tribunal officially assembled under authority of law at the
appropriate time and place for the administration of justice through which
the state enforces its sovereign rights and powers .
26. Judgea public officer so named in his commission and appointed to
preside over and to administer the law in a court of justice .
27. Trial by ordeal a primitive method of determining a person’s guilt or
innocence by subjecting the accused person to dangerous or painful test
believed to be under divine control , escape was usually taken as a sign
of innocence . 62
28. Dura LexSedLexthe law maybe harsh but it is the law .
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29. Judiciumwhich means the judgement of the God .
30. Certiorari a writ issue by the supreme court requiring a Lower Court or
a board , or officer exercising judicial functions to transmit the records of
a case to the superior court for the purpose of review .
31. Prohibition a writ by which superior court commands a lower court or a
corporation , board or person acting without or in excess of his
jurisdiction or with grave abuse of discretion , to desist from further
proceedings in an action or matter.
32. Quo Warranto an action by the government to recover and office or
franchise from an individual or corporation usurping or unlawfully holding
it.
Essential Knowledge
This unit tackles one of the main issues being tackled in Criminal Justice
system. As it is considered as the administration of justice , nature of the
administration of justice as compared to other duties and functions the
dispensing of justice . As an effective Judge it is important to protect the judicial
independence .
1. The Administration of Justice “ Court “
 Of all the components of criminal justice system , court stands as

“ cornerstone “ . The court is involved in securing the efficiency ,
efficacy and fairness in the administration of justice . The judicial
bodies manage by the judges handles the most sensitive part of
the criminal justice process .
2. Nature of the administration of justice
 To sit in judgment over one’s fellowmen to pass upon their

controversies involving their rights and fortunes and in the
criminal cases , determine their innocence or guilt which decision
affects and involves their freedom , their honor , even their lives is
no ordinary charge or business .
3. Early means of administration of justice
 In the ancient times the procedure of providing guilt or innocence

is done by and making an appeal to the gods . This was
considered as “ judicium “ which means the judgment of God ,
which involved ordeal by fire . This method of administration of
justice was abolished in 1215.
4. Importance of the Judiciary
 The courts perform62a crucial function in the society for the parity
of administration of justice is its imperative duty . The courts
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enforce the law without fear or favor virtually guarantee that the
ends of justice be in the conformity with withlatin maxim “ Dura
LexSedLex “
5. Independence of Judiciary
 In a democracy , the courts enjoy independence , that is, they are

free to perform their function without interference from the
executive or legislative branch of the government.
5.a Congress cannot deprive the supreme court of the constitutional

powers granted to it .
5.b Congress cannot prescribe the manner in which Supreme court

should sit and determine the number of justice composing the court .
5.c The Supreme Court has the authority to appoint all officials and
employees of the judiciary .
5.d The members of the Supreme Court and Judges of lower courts
shall enjoy office tenure
5.e Their salaries cannot be decreased during their continuance in

office
5.f The members of the Supreme Court can only be removed through
the process of impeachment .
5.g The Judiciary enjoys fiscal autonomy .
6. Organization of Courts
 The Philippine Judicial System consists of a hierarchy of courts

resembling a pyramid , with the Supreme Court at the apex .
Under the Juduciary Reorganization Act of 1980 are :
6.a Court of Appeals – with ( 51 ) justices headed by presiding justice

which operates in ( 17 ) Divisions each comprising three ( 3 )
members . The court set en banc only to exercise administrative
ceremonial or other non-judiciary function ;
6.b Regional Trial Court – presided by seven hundred twenty ( 720 )

trial judges in the sixteen ( 16 ) regions of the country ;
6.c.Metropolitan Trial Court – one in each Metropolitan area as

establish by law :
6.c.1 Municipal Trial Court in every city not forming part of the
Metropolitan area and each of the Municipalities not comprise within
the metropolitan are ; and
62
6.c2 Municipal Circuit Trial Court in its area defined as comprising to
law
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7. Special Courts
 Aside from the above courts under present laws there are special
courts that functions on a specific case and hold limited cases .
7.aCourt of Tax Appeals – was created under Republic Act No. 1125
as amended , which has exclusive appellate jurisdiction to review
appeal decisions of the Commissioner of Internal Revenue of
Customs involving Customs duties .
7.bSandigan Bayan – was created under presidential Decree No.
1606 pursuant to the mandate of the 1973 constitution . It continues
to function to exercise its jurisdiction provided in the sand decree or
as may be provided by a subsequent law .
8. Quasi-judicial Agencies
 Quasi agencies on the other hand are administrative bodies

under the executive branch performing quasi judicial functions,
like labor relations commission , the insurance commission and
the like which do not form part of the integrated judicial system .
9. Jurisdiction as distinguished from venue :
 Jurisdiction in general is power or authority given by the law to

court or tribunal to hear and determined certain controversies . It
is the power of courts to hear and determined a controversy
involving rights which are demandable and enforceable.
 Venue defined as the particular country or geographical area in

which a court with jurisdiction may hear and determine a case . It
means place of trial .
 On the other hand , jurisdiction is the power of the court to decide

the case on the merits while venue is procedural , while
jurisdiction is substantive
10. JURISDICTION OF COURTS
1 Supreme Court
a. Original Jurisdiction
 Exclusive Jurisdiction of petitions for certiorari , prohibitions and

mandamus against the court of Appeals and the Sandiganbayan .
 Concurrent jurisdiction with mandamus against the Regional Trial
Courts in petition62for certiorari , prohibition and mandamus
against the lower court .
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b. Exclusive Appellate Jurisdiction
 An appeal from the Regional Trial Courts in all criminal cases

involving offense for which the penalty is reclusion perpetual not
so punished are roused at the same occasion . Automatic review
will be done by the Supreme Court in criminal cases where death
penalty is imposed .
 By petition for review of certiorari from the court of appeals from
the sandiganbayan and from the Regional Trail Courts where only
an error or question of law is involved .
Composition of the Supreme Court
 The new constitution retained the membership of the Supreme

Court of Fifteen ( 15 ) members including the chief justice
under 1973 charter , to cope with continuing increase in the
number of cases brought by the growing population . The
constitution requires any vacancy to be filled within ( 90 ) days
from the occurrence thereof .
Supreme Court setting procedure
 The Supreme Court may sit en banc ( as one body ) or in

divisions of three ( 3 ) , five ( 5 ) or seven ( 7 ) members , it is the
Supreme Court that decide whether or not it will sit in divisions.
On the basis of fifteen members the number of divisions could be
five ( 5 ) , three ( 3 ) or two ( 2 ) meeting separately . In case of
two divisions there will be eight members . By setting divisions
the supreme court increases its capacity to dispose cases
pending before it .
II Court of Appeals
a. Original Jurisdiction
 Exclusive jurisdiction on action for annulment of judgments of the

Regional Trial Courts
 Concurrent jurisdiction on appeal with the Supreme Court abd the
Regional Trail Court
b. Exclusive Appellate jurisdiction ; by appeal from the Regional

Trail Court in cases commence therein , except those
appealable there to the lower court and not appealable to the
sandiganbayan .
III Sandiganbayan
62
a. Exclusive Original Jurisdiction
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 For violation of Government Employees and Officials under R.A.

1319 “ Anti-Graft and Corrupt practices act and R.A. 1397 “ An
act declaring forfeiture in favor of the state any property found to
have unlawfully acquired by any the public officer or employee
and providing for the procedure there for and chapter 2 section 2 ,
title 7, Revised Penal Code ( Act . 210-212 ) .
 Other offenses by Public Officer and Employees in relation to
their office , including government owned and controlled
corporation and accessories , punishable by more than 6 years
imprisonment and or fine 6,000.00 pesos .
b. Exclusive Appellate
 By appeal fro the Regional Trial Courts of cases under P.D. 1606
as amended by P.D. 1862 originally decided by them under their
respective territorial jurisdictions.
 Bt petition for review from the Regional Trial Court in cases under
P.D 1606 as amended by P.D. 1861 appealed from the lower
courts .
IV Regional Trial Court
 All criminal cases in which the penalty provided by law exceeds

six ( 6 ) years imprisonment and are not within the exclusive
jurisdiction of any court tribunal or body .
b. Exclusive Appellate
 All cases decided by the lower courts in their respective territorial

jurisdiction .
V Metropolitan , Municipal and Municipal Circuit Trial Court
 All violation of City , Municipal ordinances committed within their

respective territorial jurisdiction .
 All offenses punishable with the imprisonment of not more than
six ( 6 ) years irrespective of the amount of fine .
11. To give reality to those constitutional rights our constitution has

expressly included the right to free access to the courts .
 62
The right to adequate legal assistance it may not be sufficient
to just grant the right to pauper to poor litigants ( exemption from
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payment of court fees ) .The state has also the constitutional duty
to provide free and adequate legal assistance to citizens when by
reason of indigence they are unable to engage the services of a
lawyer to defend them or to enforce their civil , criminal or
administrative cases .
 Right of Due process of Law in Criminal Cases a person
cannot be held to answer for a criminal offense without due
process of law .
 Right to Presumption of Innocence in all criminal prosecution ,
the accused is presumed innocent until the contrary is proved .
This presumption of innocence is a guarantee that no person
shall be convicted of a crime , except upon confession or unless
hid guilt is established by proof beyond reasonable doubt .
 Right to be heard by himself and counsel in all criminal
prosecution , the defendant shall be entitled to be present and
defend in person and by counsel at very stage of the proceedings
, from the arraignment to the promulgation of the judgment .
 Right to be informed of the nature and cause of the
accusation against him this right implies that the offense of
which a person is accused of be made known to him the
complaint or information should be sufficiently clear to a person
of ordinary intelligence as to what the charge is so as to enable
him to prepare his defense.
 Right to have speedy , impartial and public trial
 Right to confrontation of witnesses
 Right to compulsory productions of witnesses and evidence
 Right against self incriminationno person shall be compelled to
be a witness against himself , this is a protection against self
incrimination which expose a person to criminal liability .
 Right against double jeopardy means that when a person is
charged with an offense and the case is terminated either by
acquittal or conviction in any other manner without the express
consent of the accused ., the latter cannot again be charged with
the sane identical offense .
12. Ex Post Facto Law is one which is operating retrospectively on the

following perspective ;
 Makes an act before the passage of a law innocent when done

which also makes the act criminal and punishes such act ; or
 Aggravates a crime or make it greater than when it was
committed ; or
 Changes the punishment and inflicts a greater punishment that
what the law annexed to the crime , when committed ; or
 Alters the legal rules of evidence and receives less testimony
than or different testimony from what the law required at the time
of the commission of the offense , in order to convict the
offender .
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13. The Court Litigation Process
 Pre-Trial to expedite the trial where the accused and counsel

agree the court shall conduct a pre-trial conference on the
matters enumerated below, without impairing the rights of the
accused .
 Pre-trial conference consider the following :
a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence of the parties;
d. Waiver of objections to admissibility of evidence ; and
e. Such other matter as will promote a fair expeditious trial .
 Plea bargaining as define it is the process whereby the accused

and the prosecutor of the criminal case workout a mutually
satisfactory disposition of the case subject to court approval . It
usually involves the defendants pleading guilty to a lesser offense
.
 Pre Trial order after the pre trial conference the court shall issue
an order reciting the actions taken , the facts stipulated , and
evidence marked .
 Pre trial agreements must be signed no agreement or

admission made or entered during the pre trial conference shall
be used evidence against the accused unless reduce to writing
and signed by him or his counsel .
 Admission defined it is a self-incriminatory statement by the

subject falling short of an acknowledgement of guilt , it is an
acknowledgement of facts or circumstances from which guilt
maybe inferred .
 Admission by silence known as an act or declaration made in

the presence and within the hearing or observation of a party who
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 away a given evidence against him .
 Confession defined it is declaration of an accused

acknowledging his guilt of the offense charge or any offense
necessarily included therein , maybe given in evidence against
him.
 Confession or Admission in legal parlance , confession or

admission will only be admissible if the accused voluntarily
executed it not under duress , coercion or psychological restraint .
62
 Judicial admission it is an admission , verbal or written made by
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a party in the course of the proceedings in the same case , which
does not require proof , The admission maybe contradicted only
by showing that it was made through palpable mistake or that no
such admission was made .
 Deposition it is the testimony of a witness reduced into writing

under oath or affirmation , before a person empowered to
administer oaths in answer to interrogatory questions and cross-
interrogation submitted by the party desiring the deposition and
the opposite party .
 Trial the parties shall be notified of the date of the trial at least
two ( 2 ) days before such date .
14. How arraignment and Plea is made ?
 The accused must be arraigned before the court where the

complaint or information has been assigned for trial . The
arraignment must be made in open court by the judge or clerk by
furnishing the accused a copy of the complaint or information with
the list of witnesses , reading the same in language or dialect
known to him and asking him whether he pleads guilty or not
guilty . The prosecution may however call at the trial witnesses
other in those named in the complaint or information .
 The accused must be present at the arraignment and plea shall
be made or record , but a failure to enter or record shall not affect
the validity of the proceedings .
 If the accused refuses to plea or make a conditional plea of guilty
a plea of not guilty shall be entered for him .
15. Order of Trial
 The prosecution shall present evidence to prove the charge and,

in the proper case , the civil liability .
 The accused may present evidence to prove his defense and
damage if any , arising from the issuance of any provisional
remedy in the case .
 The parties may then respectively present rebutting evidence only
,unles the court in furtherance of justice permits them to present
additional evidence bearing upon the main issue .
 Upon the admission of the evidence , the case shall be deemed
submitted for decision unless the court directs the parties to
agree orally or to submit memoranda .
 However , when the accused admits the actor omission charge in
the complaint or information but interposes a lawful defense , the
order of trial maybe modified accordingly ( such a self defense ,
insanity and etc. )
62to be State Witness

16. Discharge of Accused
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When two or more person are jointly charge with the same
commission of an offense , upon motion of the prosecution before
resting its case , the court may direct one or more of te accused to be
discharge with their case so that they may become witness for the
state after requiring the prosecution to present evidence and the
sworn statement of each proposal state witness at a hearing in
support of the discharge , the court is satisfied :
 There is absolute necessity for the testimony of the accused

whose discharge is requested .
 There is no other direct evidence available for the proper
prosecution of the offense committed , except the testimony of
the said accused .
 The testimony of said accused can be substantially corroborated
in its material points .
 Said accused does not appear to be most guilty .
 Said accused has not at any time been convicted of any offense
involving moral turpitude .
Evidence adduced in support of the discharge shall automatically

form part of the trial. If the court denies the motion for discharge of
the accused as state witness , his sworn statement shall be
inadmissible as evidence .
17. Rights and Obligation of a witness
A witness must answer questions , although his answer may tend

to establish a claim against him . however , it is the right of a
witness :
 To be protected against irrelevant , improper or insulting question

and from harsh or insulting demeanor ;
 Not to be detained longer than the interest of justice requires ;
 Not to be examined except only as to matters pertinent to the
issue ;
 Not to give an answer which will tend to subject him to a penalty
for an offense unless otherwise provided by law ; or
 Not to give an answer which will tend to degrade reputation ,
unless it will be related to the very fact at issue or to a fact from
the issue would be presumed . But the witness must answer to
the fact of his previous or final conviction for an offense .
18. Order in the examination of an individual witness :
 Direct Examination – the examination of a witness by the party

presenting him on the facts relevant to the issue .
 Cross Examination –its purpose and extent – upon the
termination of the 62
direct examination the witness may be cross
examined by the adverse party as to the matters stated in the
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direct examination , or connected therewith sufficient fullness and
freedom to test his accuracy and truthfulness and freedom from
interest or bias , or the reverse , and to elicit important facts
bearing upon the issue .
 Re-direct examination after cross examination of the witness
has been concluded , he may be re examined by the party calling
him , to explain or supplement his answer given during the cross
examination , may be allowed by the court in its discretion .
 Re-cross examination – upon the conclusion of re-direct
examination , the adverse party may cross –examine on the
matters stated in his re-direct examination and also such other
matters as be showed by the court in its discretion .
19. Judgment
 As used in the rule , the term judgment means the adjudication by

the court that the accused is guilty or is not guilty of the offense
charge and the imposition of the proper penalty and civil liability
provided for by law on the accused .
If it is conviction , the judgment shall state :
a. the legal qualification of the offense constituted by the acts

committed by the accused and the aggravating or mitigating
circumstances attending the commission thereof , if there are any
;
b. the penalty imposed upon the accused ;
c. the civil liability or damages by the wrongful act to be recovered
from the accused by the offended party , if there is any , unless
the enforcement of the civil liability by a separate action has been
reserved or waived .
Note:
In case of acquittal , unless there is a clear showing that the act from which the civil
liability might arise did not exist , the judgment shall make a finding on the civil liability
of the accused in favor of the offended party .
 Decision – it is the judgment rendered by the court of justice or

competent tribunal after presentation of the respective positions
of the parties in an ordinary or criminal case or upon a stipulation
of the facts upon which the disposition of the case is based .
 Conviction – the judgment of the court based on the verdict of a
judicial officer or judge , that the accused is guilty of the offense in
which he/she was charge .
 Sentence – it is the penalty imposed by the court upon a person
convicted of a crime.
 62
Acquittal – it is known as the judgment of a court based on the
verdict or decision of the judge , that the defendant is not guilty of
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the charge against him .
 Punishment – it is the redress , that the state takes against an
offender where it signifies pain , suffering , or curtailment of its
freedom .
 Penalty – it is the suffering that is inflicted by the state for the
transgression of law .
 Indeterminate sentence – it is a type of sentence of
imprisonment where the confinement is not specified to a fixed
period .
20. Maximum Period for Rendition of Court Decision
 Supreme Court
Within 24 months
 The Court of Appeals

Together with other collegiate appellate courts within 12 months
unless reduce by the supreme court
 Lower Court
Within 3 months unless reduce by the supreme court
21. Goals of Sentencing
 Retribution
It is an act of taking revenge upon a criminal
 Incapacitation
It is the use of imprisonment of other means to reduce the
likelihood that offender will be capable of committing future
offense .
 Deterrence
It is describe a means , which seeks to prevent anyone from
committing crimes or repeating criminality
 Rehabilitation
It is the attempt to reform a criminal offender by the state in which
a reformed offender is said to be rehabilitated
 Restoration
It is a goal of which attempts to make the victim wholesome again
.
22. The Concept of Penalty
Penalty in its general sense signifies pain ; in the juridical sphere

62
, it means suffering undergone , because of the action of society , to
one who commits a crime .
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The very purpose or reason why society has to punish a criminal is to

secure justice . The society or state has to protect its existence ,
assert what is right for the people based on moral principles , which
must be vindicated . The giving of punishment , which is exercised by
society , is fulfillment of service and satisfaction of a duty to the
people it protects .
 Social Justification of Penalty
22.a Prevention – the state must punish the criminal to prevent or

suppress the danger to the state arising from the criminal acts of the
offender .
22.bSelf-defense – the state has a right to punish the criminal as a

measure of self-defense so as to protect society from the threat and
wrong inflicted by the criminal .
22.cReformation – the object of punishment in criminal cases is to

correct and reform the offender .
22.d Exemplarity – the criminal is punished by the state as an act to

deter other from committing crimes .
22.e Justice–that crime must be punished by the state as an act of

retributive justice , a vindication of absolute right and moral violated
by the criminal .
23. Purpose of Penalty
 Retribution or Expiation – the penalty is commensurate with the

gravity of the offense as a matter of payment for the damage
done .
 Correction or Reformation – as shown by the rules , which

regulate the execution of the penalties consisting in deprivation of
liberty , thereby giving chance for the reformation .
 Social Defense – as shown by its inflexible severity to recidivist

and habitual delinquents . Society must provide the welfare of the
people against any disorder in the community .
24. Juridical Conditions of Penalty
 The penalty must be productive of suffering without affecting the

integrity of the human personality .
 The penalty must62be commensurate with the offense , that

different crimes must be punished with different penalties .
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 The penalty must be personal in that no one should be punished

for the crime of another .
 The penalty must be legal , that is the consequences of a

judgment according to law .
 The penalty must be certain , that no one may escape its effects .
 The penalty must be equal for all .
 The penalty must be correctional .
25. Correctional Restriction on Penalties
 The Philippine Constitution directs that exercise of fines shall not

be imposed , nor cruel and unusual penalties when it is so
disproportionate to the offense committed as to shock the moral
sense of all reasonable men as to what is right and proper under
the circumstances .
CLASSIFICATION OF PENALTIES
1.CAPITAL OR Corporal Punishment Death through lethal injection
2.Afflictive penalties Deprivation of Freedom
a. Reclusion Perpetua 20 years and 1 day to 40 years of

imprisonment
b. Reclusion Temporal
12 years and 2 day to 20 years of
c. Prison Mayor and temporary imprisonment
disqualification
6 years and 1 day to 12 years .
Except when disqualification is
accessory penalty , in which case its
duration is that of the principal penalty
.
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3.Correctional Penalties Deprivation of Freedom or Restriction
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of Freedom
a. Prision Correctional 6 months and 1 day to 6 years
b. Arresto Mayor 1 month and 1 day to 6 months
c. Destierro
4.Light Penalties
a. ArrestoMenor 1 day to 30 days of imprisonment
b. Public Sensure
Preventive imprisonment The accused undergoes preventive

imprisonment when the offense
charge is non-bailable , or even
bailable he cannot furnish the
required bail
Subsidiary penalty It is subsidiary personal liability to be

suffered by the convict who has no
property with which to meet the fine ,
at the rate of 1 day for eight pesos ,
for its imprisonment
26. The Death Penalty
 The 1987 constitution has suspended the imposition of death

penalty . However the constitution states that death penalty shall
only be imposed for compelling reasons involving heinous
crimes .
 The death penalty was then restored through R.A. 7659 which
took effect on December 3, 1993 for certain heinous crimes such
as treason , piracy , infanticide , kidnapping serious detention ,
robbery with homicide , plunder , dangerous drugs and
Carnapping .
 The death sentence shall be executed by lethal injection as
provided under Republic Act No. 8177 , which was approved on
March 20, 1996. 62
 The death sentence shall be carried out not earlier than one ( 1 )
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year or later than 18 months after the judgment becomes final
and executory . Provided that the supreme court who does the
review of the case in which death penalty was imposed have
reach a vote of ( 8 ) justices as provided under Republic act No .
296 otherwise death penalty shall not be imposed . The convicted
felon will be given a penalty of reclusion perpetua.
 In all cases where the death sentence has become final , the
records of the case shall be forwarded to the office of the
President for possible exercise of the pardoning power .
27. Death Penalty shall not be imposed if :
 When the guilty person is more than ( 70 ) years of age :

 When upon appeal or automatic review of the case by the
supreme court the required vote is not obtained for imposing the
death penalty ;
 When the convict is a minor under 18 years of age .
28. Death Penalty shall be suspended when the following circumstances

occurred :
 Pregnant Woman ;
 Within 0ne year after delivery of a pregnant woman ;
 Person over 70 years of age .
29. Justification of Death Penalty
 The death penalty is not excessive , unjust, or cruel within the

meaning of the word in the constitution . Punishment are cruel
when they involved torture or lingering death . Cruel punishment
implies something inhuman and barbarous , something more than
the mere extinguishment of life .
 It is also a social defense and exemplarity to justify death
penalty . If a person has proved himself to be dangerous enemy
of society the death penalty is imposed upon him is warning to
others .
30. Extinction of Criminal Liability
 The criminal liability of the person is extinguished into two, the

partial and total extinction of the criminal liability of the convicted
felon .
Total Extinction of Criminal Liability
30.a By the death of the convict , as to the personal penalties ; and

as to pecuniary penalties , liability therefore is extinguished only
when the death of the offender occurs before final judgment , but if
the convict died after the final judgment the pecuniary penalties and
62
civil liabilities is not extinguished because the offense is committed
against the state .
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30.bBy Service of Sentence , crime is a debt incurred by the

offender as a consequence of his wrongful act and the penalty is the
amount of his debt . When the payment is made , the debt is
extinguished . After the convict has served its sentence its criminal
liability is extinguished but it does not include the civil liability .
30.cBy Amnesty , which completely extinguishes the penalty and all

its effects :
 Amnesty Defined it is an actof the sovereign powergranting

oblivion or a general pardon for a past offense . And is rarely , if
ever , exercised in favor of a single individual and is usually
exerted in behalf of certain classes of persons; who are subject to
trial but have yet been convicted . However , amnesty maybe
granted after conviction . All its civil liabilities are being
extinguished also .
30.d By Absolute Pardon
 It 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 .
 Pardon will only extinguished the punishment of crime upon
acceptance of the grantee . Once pardon is accepted by the
grantee : the pardon already delivered cannot be revoked by the
authority , which granted pardon .
31. Amnesty and Pardon distinguished
 Pardon includes any crime and is exercise individually by the

President ; while , Amnesty is a blanket pardon to classes of
persons or communities who may be guilty of political offense .
 Pardon is exercised when the person is already convicted , while
Amnesty maybe exercised even before trial or investigation .
Two kinds of Pardon :
 Absolute Pardon – total extinguished of criminal liability .

 Conditional Pardon – partial extinction of criminal liability or still
there are certain conditions attached .
62
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understand the
MadeloPorferioJr C. (2013).Instructional lesson
Module on Criminal Justice
System ,Quezon City, Philippines:Wiseman’s Books Trading Inc.
Let’s Check
_________________1.With ( 51 ) justices headed by presiding justice which
operates in ( 17 ) Divisions each comprising three ( 3 ) members . The
court set en banc only to exercise administrative ceremonial or other non-
judiciary function ;
_________________2.The penalty is commensurate with the gravity of the
offense as a matter of payment for the damage done .
_________________3.As shown by its inflexible severity to recidivist and
habitual delinquents . Society must provide the welfare of the people against
any disorder in the community .
_________________4.The state has a right to punish the criminal as a
measure of self-defense so as to protect society from the threat and wrong
inflicted by the criminal .
_________________5.The examination of a witness by the party presenting
him on the facts relevant to the issue .
_________________6.It is known as the judgment of a court based on the
verdict or decision of the judge , that the defendant is not guilty of the charge
against him .
_________________7.It is the process whereby the accused and the
prosecutor of the criminal case workout a mutually satisfactory disposition of
the case subject to court approval . It usually involves the defendants pleading
guilty to a lesser offense .
_________________8.Was created under presidential Decree No. 1606
pursuant to the mandate of the 1973 constitution . It continues to function to
exercise its jurisdiction provided in the sand decree or as may be provided by a
subsequent law .
_________________9.The judgment of the court based on the verdict of a
judicial officer or judge , that the accused is guilty of the offense in which he/she
was charge .
________________10.It is a type of sentence of imprisonment where the
confinement is not specified to a fixed period .
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Let’s Analyze
1. Why is it that in the extinction of criminal liability , by the death of

convict , there is a question if death occurs before or after conviction .
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In a Nutshell
62
Now that you already know the important provisions of RA 8177. Using
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your knowledge regarding the law, give your argument regarding to what reason
why R.A 8177 is possible punishment to be given to someone who violates R.A
7659.
62
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Big Picture
expected to
a. Understand , why correction the fourth pillar of the CJS , some

viewed it as the weakest pillar among the pillars of criminal justice .
b. Explain the assumption that correctional institutions cannot
rehabilitate offenders , which is manifested through the increase of
criminalities and recidivism .
Metalanguage
Big Picture in Focus: ULOa. Understand the correctional
service in the
The following Phils.to be
are terms , especially
rememberedthe corrections,
aswegothroughin punishment
studying
this unit.Pleaserefertothesedefinitions
and penology . as supplement incaseyouwill encounter
difficulty in understanding the basic concepts of Criminal Justice Education.
33. Corrections the confinement of convicted person in prison or jail for

purposes of reformation , correction and rehabilitation by means of
corrective measures .
34. Punishment the enforcement of responsibility for violating the law .
35. Penology it is a branch of criminology , which deals specifically with the
operation of the correctional institutions and agencies and the
rehabilitation of offenders .
36. Jail these are primarily adult
62 penal institutions used for the detention of
law violators , which is administered by a province , city and municipality.
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37. Inmate it refers to a national prisoner or sentence by a court to serve a
maximum term of imprisonment of more than three ( 3 ) years .
Essential Knowledge
This unit tackles one the 4rth Pillar of the Criminal Justice System and
that is the Correctional Service. Here you will be presented with the important
view points on Corrections.
1. View points on Corrections
 The term correction could mean two separate meanings .First , it

is the institution that provides community’s official reaction to a
convicted offender , such responsibility is a branch of the
administration of justice , charge with the responsibility of the
convicted offender .
 Second , it is the study of methods that is being employed for the
punishment and deterrence of such behavior and a study of
efforts to accompany the punishment with measures that are
intended to change or correct offenders ,
2. Early forms of Corrections
 During the early development of civilization , people believe that

when a person commits a crime he is being possessed by a
demon . The system of their correction is focused to cast out the
demon onside the person’s body , which was the very cause why
he committed a crime . The following methods were used :
2.aPungent Poison when an individual commits a crime they let the

person drink a pungent poison to drive away the evil spirit inside the
body which leads him in the commission of crime .
2.bGrotesques Mask they wear a grotesques mask and they dance

around the person who commits a crime in order to drive out the evil
spirit in his body .
2.c Trephination Methoda piece of stone or wood which has a very

sharp edge will be used to make a hole at the forehead of the person
who violates the law and they will pray or cast out the evil spirit to get
out of the body .
2.dBanishmentwhen a person commits a crime he will be rejected by

the community for him not to influence other to commit a crime and if he
refuses to depart in his community he will be killed .
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3. Early Forms of Punishment
 Flogging the famous whip was the Russian knot made out of
leather thongs tipped with fishhook like wires . A few strides with
knot produced serious lacerations and often resulted in much
blood loss . Another type of whip is the cat-o-nine tails .which is
made of nine strands of leather or rope .
 Mutilation in the early civilization some ethnic groups have

dismembered robers and thieves hands , spies blinded and rapist
emasculated . Blasphemers have teir tongues ripped out , and
pickpockets have suffered broken fingers . In short , it is the
cutting of some parts of the offenders body .
 Branding during the medieval period it was used as a lesser form

of mutilation , the Romans , Greeks, French, British, and many
other societies have all used branding . In 1890 the British
parliament officially eliminated branding as a punishment of a
crime . Offenders who are branded have identifying marks on
their hands and if they repeat their violation the marking will be
placed at the forehead .
 Public Humiliation it gives an opportunity of the members of the

community to take its vengeance . Offender are sent to the stocks
or pillory and found themselves captive and on public display .
They will be heckled and spit upon by passersby . On occasion ,
citizens who were particularly outraged by the magistrate or
nature of the offense would substitute rocks to end the offenders
life .
 Exile or Banishment the Ancient Hebrews periodically forced a

sacrificial goat symbolically carrying the tribe’s sib into wilderness
– a practice which has given us the modern word “scapegoating”
ever since , various societies have exiled “ offenders “
openly. The French sent criminal offenders to devil’s island .
Russians had used Siberia as the where banished people are
sent . England sent their prisoners to America beginning in 1618 ,
the British program of exile known as transportation which served
as dual purpose of providing a captive labor force for
development of the colonies , as they oppose the corporal
punishment .
 Work Houses During the 16thcentury , Europe was faced with an

economic upheaval as a product of their industrial revolution .
Thousands were unemployed and vagrants are everywhere in
towns and villages seeking food and shelter because their homes
and pieces of land were sold for the industrialization of Europe .
Churches during those times were the primary relief of the
people’s situation .
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4. Development of Prisons in Europe
 During the dominants of the Roman Empire the manifestation of

punishment was slavery where people are confined in one area
who then worked for them in building castles , roads , and
empires .
 With the development of tribunals or courts in England , trials

were being done before an individual is given punishment while
the offenders who were awaiting trial were placed in a Gaol . The
Gaol was made not as a form of punishment but a confinement of
criminals before they are being transported .
 The famous Gaol in Europe was the New Gate Gaol is dark and
gloomy with poorly ventilated cells and poor water supply , which
makes most of the prisoners during at the time to easily get
diseases due to its condition .
 America was a colony of England and it was discovered by

Christopher Columbus in 1892 , The American prison system
during this colonial time was the same with England . The same
laws and punishment were applied .they also adopted a “ fee
system “ for operating jails .
 In the middle of 18thcentury , the forms of punishment started to

change as the period of enlightenment begins to emerge .
Traditional punishments were challenged by individuals who
studied the conditions of prisoners .
 John Howard was one of the prisoners to advocate a change of

punishment . Howard who is a former prisoner and was released
through parole became the first English prison reformer as he
was then appointed sheriff of Bedford Shire a local Gaol in
England and America and after evaluating the conditions of the
prisoners , he comes up with prison concepts that :
- Prisoners must be segregated according to sex. Age , gravity of

their offense ;
- The jailer or staff must be paid to prevent extortion to prisoners ;
- A chaplain and a medical officer must be employed to address
the spiritual and medical needs of the prisoners ;
- Prisoners should be provided with clothing and food ;
- Liquor should be prohibited in jail
 As a result of John Howard’s finding’s and recommendations the

penitentiary act of 1779 was passed which provided the
establishment of a secure , clean , and systematic prison and
abolished the fee’s for basic services . Howard then coined the
word “ penitentiary “ a concept that rejects hard labor as a form of
punishment. 62
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5. DEVELOPMENT OF PRISON IN AMERICA
 Pennsylvania system
William Penn the governor of the state of Pennsylvania initiated early
reforms in their prison systems such as :
- Abolishing capital punishment for crimes other than homicide ;

- Substitution of bloody punishment to imprisonment and hard labor
;
- Providing free food and lodging to inmate’s replacing the pillory
and stocks with houses of detention .
 Auburn System
As prison system began to grow , solitary confinement of the
Pennsylvania system because very expensive to put up and maintain
. The first prison to abandon the Pennsylvania system was the New
York state prison at Auburn . As a solution to the problem , Auburn
introduced the congregate prison in silent system . Under this system
, prisoners worked , lived and ate together in silence . Whipping and
hard labor was given to prisoners to maintain the rule of silence .
6. The Reformatory system
 The effect of the opposing views of the two system of prison , a

new concept was developed and emerging into other prisons .
This concept grew out of the philosophical beliefs of the
outstanding correctional leaders in the persons of Captain
Alexander Maconochie , Sir Walter Crofton and Rutherford Hayes
.
 Captain Alexander Maconochieand Englishman was then in

charge of the birth of the British Penal Colony in Norfolk Island
where its prisoners were transported .
 Sir Walter Crofton was the chairman of the board of prison in

Ireland and he was influenced by Maconnochie’s efforts of early
release Crofton believed that the amount of timed served should
be released to the prisoners reformation . Crofton also believes
that convicts could not be rehabilitated without successful
reintegration into the community .
 On 1884 , Crofton establish the Irish concept of tickets of leave

system . Where offenders could earn their early release by
stages .
- First stage , inmates

62 were held in solitary confinement and
performed dull and monotonous work in prison .
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- Second stage , they were assigned to spike island where they

work on fortifications or public works projects.
- Third Stage , prisoners were assigned in field units in which they

worked directly to the community on community service or other
community projects with unarmed guards supervising them .
- Forth Stage , prisoners worked in the community without

supervision , moving freely between prisons and community .
- Fifth Stage , prisoners who were able to follow the stages

successfully were awarded the “ ticket of leave “ .
Ticket of Leave it is a conditional release that could be revoked any

time before the sentence expired . If the offender violated any of the
established standards its early release is revoked . Essentially the ticket
of leave in Crofton designed is the first form of formal parole , which is
used today .
7. The National Prison Association under the leadership of Rutherford Hayes

have come up a set of prison principles which was applied and practiced in
the whole United States America . These principles are :
 Reformation , not the vindictive infliction of suffering should be the

purpose of penal treatment .
 Prisoners should be classified on the basis of a mark system .
 Rewards should be provided for good conduct .
 Prisoners should be made to realize that their future rest in their

own hands .
 Indeterminate sentences should be substitute for fixed sentences

and disparities in sentence removed .
 Religion and education are the most important agencies of

reformation .
 Discipline should be administered so that it gains the cooperation

of the inmate and maintains his self respect .
 The goal of the prison should be to make industrious free

citizens , not orderly and obedient prisoners
 Industrial training should be fully provided .

62
 Prisons should be small ; separate institution should be provided
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for different types of offenders .
 The social training of prisoners should be facilitated , silence rules

should be abolished .
 Society at large must realize that they are responsible for the
conditions that bleed crimes .
Gaylord B. Hubbellwas the warden of Sing-sing prison in New York . In

1865 he visited and studied the prisons in England and he was so
impressed by the Irish system . Upon his returned to the United States
herecommended the Indeterminate Sentences be used in American
Prison creating a reformatory based upon the concept of an early
release if the inmate reformed himself .
8. The Elmira Reformatory
In 1876 the first reformatory institution was opened in Elmira ,

New York . The
Elmira reformatory was under the direction of Zebulon
Brockway . Zebulon Brockway introduced the enlightened
approaches to the prisoners but still maintain strong mind of the
prisoners . This includes :
 Classification of prisoners according to their behavior

 Regular exercise
 Vocational training
 Formal academic education as Elmira’s most important
 Indeterminate sentence
 Parole
 Elmira concept only first offenders between 16 to 30 years old .
The Elmira reformatory claimed success in their process or reformation

of the offenders but ,a proven relative failure and disappointment was
met by Elmira , because many inmates re-entered criminalities following
their release and the rate of recidivism was high .The failure Elmira was
attributed to lack to :
a. Lack of qualified staff

b. An overemphasis on confinement and institutional security rather
than reformation
c. Their discrimination on the adult correctional system , because of
Elmira only caters youthful offenders
Even though Elmira as reformatory failed , but its principles is still

established and practiced in todays prison as important factors of their
system . 62
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9. The Industrial Prison
The failure or reformatory style of prison was the development of

attractive alternative where potential profitability of inmate’s labor was
conceptualized . The prison’s in U.S. have as well shifted its prison
system .Prison where converted into industries and farms . There are 6
systems of inmates labor used :
9.a Contract System
 Materials were provided by private business its manufacturing

process was supervised inside the prison .
9.b Piece-price system
 Materials and the products are produced by the prisons and

bought by the private businesses .
9.c Lease system
 Prisons institutions acting labor firm or labor agency to private

business that needs manpower .
9.d Public account system
 Goods and products are owned and mange by the prison and
sold it to the market .
9.e State user system
 Prisoners provided the labor for state agencies .
9.f Public woks
 Prisoners worked in roads and highways construction and

maintenance.
10. The treatment era of prisons
The concept of the treatment era came after World War II in 1940’s ; this
was passed on a medical model of corrections . This concept combined
the correction , reformation and behavioral treatment or psychiatric
approach . Inmates are treated as “ clients or patients “ than offenders ,
which applied that offenders were sick and that rehabilitation is the
process of treating its sickness .
Therapeutic model programs62 have been developed to address and help

the inmate attain a level of psychological maturity and trained him or her
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to be able to live as responsible person . These treatment programs
are :
 Individual treatment
The offender and the therapist develop a face to face

relationship . Most individual approaches depict the offenders as
someone who has not developed sufficiently to mange his own
behavior effectively . One reason for this is the traumatic
experience in early life , the therapist will try to uncover its causes
and let the inmate understand in order to produce effective
behavioral change .
 Group therapy
This relies upon the sharing of insights gleaned by process ,

making it clear to the client the emotional basis of his or her
criminal behavior . The inability of the inmates to own up
responsibilities must be attack and rid them off as values or self
concept , for them to accept positive and productive image .
 GGI or Guided Group Interaction
It is a treatment strategy , which combines elements of individual

treatment , and group therapy . In GGI , therapist assist the group
in uncovering individual fears , hidden experience , and anxieties
which act as barriers to conventional behavior .
 Behavior therapy
This was structured so as to provide rewards for approved

behavior , while punishing undesirable behavior . if client was
able to follow good behavior rewards will be provided unto them
such as : better housing conditions , better foods , tv privileges
and the like .
 Chemotherapy
It was used on highly aggressive inmates to control their

destructive behavior .
 Neurosurgery
It was used on highly aggressive inmates to control their

destructive behavior .
 Derisory deprivation
62
It is sought to calm disruptive offenders to associate pain and
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displeasure with a certain stimuli , which previously led to criminal
behavior / Example a rapist were given or shown nude pictures of
women and simultaneously given shocks in sensitive parts of
their body . In 1972 inmates protested the treatment model as a
violation of their rights . Scholars pointed out that the treatment
model has no sufficient evidence to support medically and
legally .
11. Other treatment programs for delinquents and criminals
 Psychotherapy
One of the basic concept of psychotherapy is the transfer , the re-

directing of feelings from the therapist , which in turn enables the
therapist to probe the attitude , thoughts and feelings about
significant persons in the clients past through his own relationship
with the client . The therapist then construes behavior to identify
the unconstructive characteristics and he as well ought to
determine the authenticity of the situation or condition and of
behavior itself .
 Social Casework
It deals directly with the maladjusted individual to determine the

kind of help he needs and to assist him in coping with his
problems . To deter the condition that contributes to deviant
behavior and pinpointing the resources necessary to support the
client in his efforts to become a contributing member of society .
 Reality Therapy
The major basis of the reality therapy approach is that all

person’s have certain basic needs . When they are unable to fulfill
these needs , they act in an irresponsible manner . The object of
Reality therapy is to help the person act in responsible manner ,
in the case of a delinquent to help him refrain from anti social
activity .
 Transactional Analysis
This is mainly concerned with the act of evaluating and

interpreting interpersonal relationship and dynamic transactions
between the client and his environment . The subsequent
hypotheses are used as reference for the transactional analysis :
62
- Human relationship consist of competitive acts of social
maneuvers which serves a safety measure and deter essential
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fulfillment branded frequently as “ games “.
- Every individual showcase diverse “ Three Ego states “ e.g. the

parent ego state ( extero-psyche ) , is that part of the psyche
that evolves from the outside of the person usually described as a
recorder that records the behavior of the parents ; the child ego
state ( archeo-psyche ) , is referred as the beginning , and known
as a vestige of the individuals past ; and the adult ego state ( neo-
psyche ) , resembles a full grown and conscientious self .
- Each of these Ego states perceives reality differently : the child

pre-logically , the parents judgmentally and the adult exercise
duty comprehensively on the basis of past experience .
- In response to the individuals wants and the “ games “ in which

he pampers at a particular instance , the three states operate
consistently .
 Vocational counseling
To enhance individuals awareness of profession

preferences are the local reasons of vocational
counseling , occupation qualifications and training
needed foe successful employment . The counselor can
help a person identify his interests by questioning him
about his attitude towards work in general and the
specific types of employment that has appeal to him .
 Behavioral Modification
Behavior modification is based on the presumption that

delinquent behavior is learned , maladaptive behavior
usually has to be modified through the development of
new learning process . Generally , behavior assumes that
behavior will change in direct proportion to the amount of
rewards or punishment that exist as enforcement of
negative or unpleasant reinforcement will reduce or
eliminate such negative behavior , whereas positive or
pleasant reinforcement will tend to maintain or increase
positive behavior .
 Crisis Intervention
The basis of this therapy is that when a person

experiences a crisis , his psychological resources may
become overtaxed , making him vulnerable to further
breakdown62. The resolution of the current crisis may lead
to the solution of older problems as well because of the
reawakening of fears and repressed that reoccur during
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time of crisis.
 Individual and group counseling
Counseling it is a relationship in which one endeavors to

help another understand and solve his problem of
adjustment . The individuals perspective on his
immediate state of affairs and the resolution of a crisis
which affects his person and others is part in the
counseling procedure . No attempt is made to affect a
fundamental change of the clients personality when a
person needs reorientation to a particular situation ,
counseling is indicated .
Group therapy the emphasis is still on the individual

while utilizing the group as mechanism to better
understand the individual and his behavior because the
delinquent often manifest his behavior as a part of a
group or a gang , it is felt that the group therapy situation
is the natural vehicle used to view the way one reacts to
the group and the pressure it produces to influence one’s
behavior .
 Social Group Work
It is a social work focused on the individual in a “ group

setting “ which attempts to help him function more
effectively in a group and derive greater satisfaction from
his participation .
 Group Psychotherapy
When comparing with other group methods is usually

thought of as having more ambitious goals , such as
deep insight development and personality restriction .
Most of the methods employed , conversely , are
analogous to a number of group methods , along with the
major difference is in the degree of probing the intensity
of the relationship .
 Activity Therapy
It is focused on very young children and defiant subjects

such as delinquents and pre- delinquents who are
specially suited to his method . Children gathered or
invited to meet
62 at a specific time and place to engage in
an activity such as group games or some artistic
endeavor thereby expressing their conditions or
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perspective in life .
 Guide Group Interaction
The group and its processes give delinquents a venue to

solve his problem . The group is the major vehicle for
change . Under this concept , the delinquents will benefit
from the freedom to discuss and analyze problems and
their own poles and relationship within the group .
 Milieu therapy
It attempts to produce an environment that will facilitate

meaningful change , increase growth and satisfactory
adjustment . This is best in person’s reaction to
unfavorable life conditions .
12. Philippine categories of prisoners under PD. 29
 Municipal Prisoners – are those prisoners who by reason of their

sentence may be deprived of liberty for not more than six ( 6 )
months .
 Provincial or City prisoners - are those prisoners who by reason

of their sentence is deprived of liberty for not more than three ( 3 )
years or subjected to a fine of not more than one thousand pesos
any subjected to any penalties .
 National or Insular Prisoners - are those prisoners who by reason

of their sentence is deprived of liberty of more than three ( 3 )
years .
13. Development of National Prisons in the Philippines
The bureau of prisons was created by virtue or reorganization

act no. 1407 on Nov. 1, 1905 and was named Bureau of
Corrections in the administrative code of 1987 per executive
order 292 on Nov. 22. 1989 .
 Spanish Period
There were two ( 2 ) prisons established by the Spaniards . The

first prison created during the Spanish regime was the Bilibid
Prison in 1847 through section 1708 of the revised administrative
code of 1917. The bilibid prison was first located in Manila . It is
constructed in a radical
62 spokes-of-a-wheel from and with a tower
at the center . The prison was constructed through stones which
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still stands today and used by the city of Manila as its city jail ,
which is located nearby the central market of manila ontherwise
known as “ May Haligue Estate” .
The second prison established by the Spaniards is the San

Ramon prison in August 21 , 1869 through section 1720 of the
Revised Administrative Code . San Ramon Prison is located at
ZamboangaCity , purposely established for political offenders .
Jose Rizal was once imprisoned at San Ramon as political
prisoner.
San Ramon Penal farm was founded by Capt. Ramon Blanco of
the Spanish royal army .
 American period
During the American Occupation they were able to established

four ( 4 ) prison institution .
- First the Iwahig Penal Colony , which was built on Nov. 16,1904
and this was through section 1709 of the Revised Administrative
Code . The Iwahig Penal Colony was established for incorrigible
prisoners as envision by Governor Forbes.
- The second Prison established during the American Occupation

was the Correctional Institution for Women , which is situated on
an 18 hectares piece of land in mandaluyong Rizal now
Mandaluyong City , by authority of act 3579 passed on Nov. 27,
1929 .
- The third prison established by the Americans is the Davao Penal

Colony on Jan. 21 1932 through act no. 3732 . Davao Penal
Colony was founded by LT. Col Paulino Santos who at the same
time was appointed as Prison Director from 1930-1937 , with a
land area of 5,427 hectares .
- The fourth was the New Bilibid prison , which was transferred to
Muntinlupa from manila and was renamed New Bilibid Prison
houses more than 50% of the total national prisoners nationwide
and this prison facility also houses the national office of the units
Bureau of prisons .
 Philippine Republic
- The first prison that was established was the Sablayan Penal
Colony in September 26, 1954 , through proclamation no. 72.
Sablayan Penal Colony
62 is located at Sablayan , Occidental
Mindoro with a land area of 8,327 hectares . This Colony was
established during the Directorship of Atty. Alfredo M. Bunye .
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- The second was the prison in Leyte . The Leyte Regional Prison
was established on January 16, 1873 through proclamation no.
1101 covering a land area of 801 hectares . This prison was
established under the Directorship of Gen. Vincete R. Rabal .
14. Mission , Objectives and Functions of the Bureau of Corrections :
- Mission :
Contribute to the protection of society by assisting offenders to
lead law abiding and productive lives thru an educating and
humanizing experience within the prison .
- Objective :
Effective safekeeping and rehabilitation of national prisoners and
intensification of prison agro-industries .
- Functions :
a. To confine person who are convicted by the courts to serve a

sentence in the national prisons .
b. To provide correctional environment , that aims to protect the

physical and emotional well being of the offenders .
c. To humane treatment by affording them humane basic needs in the

correctional community and prohibiting cruel methods .
d. To provide opportunities for rehabilitation programs designed to

change the offender’s pattern criminal or anti-social behavior .
e. To engage in agro-industries for the purpose of developing penal

farms into productive profit centers , employ offender manpower
skills and labor and provides them a source of income and
supplement the bureau’s appropriated funds.
15. Principle’s of the Bureau of Corrections
The Bureau of Corrections adheres and adopts the following principles in

accomplishing its mandated objectives and performing its assigned functions :
a. The prisoner is person who has been committed by the courts of

competent authority to a prison in order to serve punishment of a
criminal offense .
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b. The act and process of keeping a person in prison is a deprivation
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of one’s liberty which was the punishment intended by the law to
compensate for the crime , committed . He is therefore in prison
not for punishment , but for rehabilitation .
c. Prisoners are human beings who are not different from neighbors ,
relatives and friends . Their only difference from others is that they
are confine in a space or imprisoned within a building or
compound .
d. Prisoners within the prison community are entitled to the same

basic needs and rights as citizens in free communities , expect
that the exercise of their right beyond the prison compound is
limited or controlled for security reasons .
e. In general , prisoner can be rehabilitated and recycled as

productive citizens upon their release from prisons .
f. Under an enlightened and modern covenant , prisoners under the

custody of prison authorities must be treated as human beings . To
do otherwise will destroy the rationale of the existence of the
prison service as a career institution .
g. It is a sworn obligation of prison authorities to confine prisoners

safely and provide rehabilitation programs that will eradicate their
criminal values and restore their self confidence as productive
individuals .
16. Aims for Correction Reform
1. To provide judges with more options to deal with offenders through

the use of probation , day fines , commitment to community
treatment centers , pretrial release and other measures as a sort
of imprisonment .
2. Improving conditions in prisons and jails , including decongestion ,

improved housing , more effective medical , education ,vocational
training and rehabilitation program services .
3. Establishing an integrated correctional system that will ensure the

development of a unified philosophy of treatment , implementation
of uniform standards and policies and efficient delivery of service
to offenders while at the same time prote ting the interest and
welfare of the society .
17. Treatment and Correctional Service :

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 Admission
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Upon presenting the following documents :

1. Commitment order of the court
2. Court’s decision of the case
3. Information filed by the City / Provincial Fiscal and
4. Certification of detention , if any – the new prisoner will be received

at the reception and diagnostic center
His identification will is established by ;
1. Rolled fingerprint card
2. Photograph and
3. Prison number in his prison jacket .
 Orientation
Within a period of 60 days , orientation and diagnosis is set up for new

inmates by a group of experts thru interviews which include social and
religious placement of their individual programs .
 Issuance of Supplies
Each prisoner is provided with a uniform , beddings , mess kit ,

medicine and meals by the institution . The prescribed uniformed color
is based on the prisoner’s security status as follows :
Maximum Security - Orange

Medium Security - Blue
Minimum Security - Brown
18. Classification Process :
 Reception and Diagnostic Center ( RDC )
RDC is a special unit in prison , which operates neither as a prison ,

detention nor treatment of prisoners , but only provides the process of
classification of prisoners for their treatment and rehabilitation process .
Before the prisoner is admitted to the operating institution , he must

stay at RDC for 60 days where he will undergo staff interviews ,
examination , documentation
62 and initial classification also known as
diagnostics examination . After the diagnostics of the total personality
of the prisoner , a treatment plan will be provided for the prisoner’s
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rehabilitation and early release . Before the treatment program are
executed the prisoner will be informed of its treatment programs and
policies of prison .then the prisoner will be placed on the operating
institution that defines its security level .
The RDC cannot provide effective treatment program if the prisoner will
not submit himself and cooperate with treatment program provided for
him .
Objectives of RDC :
1. To develop an integrated and realistic programs for the prisoner

through the coordination of diagnosis , treatment planning and
treatment activities .
2. Provide guidance to the prisoner for the continuity of the treatment

activities from its commitment to release .
19. Functions of RDC
1. To examine each offender for contagious diseases and treat or

immunized them against such diseases ;
2. To conduct awareness program and supplement prisoners with

tentative occupational know-how sequentially to make the inmates
useful ;
3. To collect and study the social history of each offender ;
4. To administer achievement , personality and intelligence test to

determine his capacities and potentialities ;
5. To evaluate his emotional make-up through psychiatric interviews

and observation ;
6. To conduct regular categorization conferences to evaluate every

person’s case and prepare decisive judgment ;
7. To make recommendations as to treatment , custody and transfer

to a suitable intention ;
8. To conduct follow-up work to ensure that the recommendations

are carried out ;
9. To conduct research of crime , prevention of delinquency and the

rehabilitation of offenders .
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20. Composition and Function of RDC Staff :
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1. The Psychiatrist – is the one who examine the prisoners and

prepares a summary of his findings which indicates the mental and
emotional make-up of the prisoner .
2. The Psychologist – is the one who determines the prisoner’s

mental level in general and special abilities , interest and skills,
with reference to the factors of the prisoner’s maladjustment .
3. The Sociologist – is the one who determines the personal history

of the inmate and the analysis and interpretation of the prisoner’s
social situation and relationships , through interviews and
correspondence with prisoner’s friends , relatives and social
agencies.
4. The Educational Counselor – is the one who will test the prisoner
in order to determine his general and special abilities , interest and
skills . He recommends for the type of vocational training of the
prisoner’s .
21. Purpose of Security Classification of Offenders :
1. To separate offenders who by reason of their criminal record or

derogatory character , are likely to exercise a bad influence on
other offenders .
2. To separate offenders who by gravity of their offenses , have been

sentence to longer periods of imprisonment and therefore requires
a more secure facility .
3. To divide and segregate the offenders into classes to facilitate

their rehabilitative treatment .
 Maximum Security Offenders
They are those who escape could be highly dangerous to public or to

security of the country .
1. Offenders whose maximum sentence is twenty ( 20 ) years or more

.
2. Remand or retained offenders whose sentence is under review by

the Supreme Court .
3. Offenders who are criminally insane or severe personality or

emotional disorder that makes him dangerous , both to fellow
offenders or prison personnel .
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 Medium Security Offenders
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They are those who cannot be trusted in open conditions and pose less
danger to society in the event of their escape .
1. Offenders whose minimum sentence is less than twenty ( 20 )

years .
2. For those have two more records of escape , they must served
eight years at the maximum security , before being recommitted in
the medium security .
3. Youth offenders whose age is eighteen ( 18 ) years old or younger

regardless of of the nature of the case and the sentence .
4. Life sentence offenders , if they have served ten ( 10 ) years of

imprisonment , excluding good conduct time allowance , in a
maximum security prison .
 Minimum Security Offenders
They are those who can be reasonably trusted to serve their sentence
under “ open conditions “
1. Invalid offenders or those who have physical disabilities .
2. Offenders who are over sixty-five ( 65 ) years of age .
3. Offenders who have only one ( 1 ) more year to serve before

expiration of their sentence .
4. Life termers who have served at least fifteen ( 15 ) years of their

imprisonment excluding good conduct time allowance .
TRUSTEE
This refers to an inmate of a jail who has been assigned to a status of “

trust “ because he is considered by the jail or prison administrator to be
sufficiently responsible and thus given a wider range of work with less
supervision than average prisoner . Oftentimes known as ”bastoneros “
giving security force in meal distribution , transportation and other
work .
22. Correctional Service

62
 Inmate Discipline
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By policy , inmates committing offenses punishable by the Revised

Penal Code are criminally charged in the proper courts . Inmates
violating prison rules and regulation are charge administratively
through the board of discipline in each of the ( 7 ) prisons .
 The Board of Discipline
The Board shall be composed of a chairman and six ( 6 ) members ,

which will be chosen or appointed by the prison superintendent or
warden as the case maybe .
The board is tasked with the investigation of fact of the alleged

misconduct of the prisoner . All cases referred shall be heard and
decided within fourty-eight hours from the date of receipt .
The board is authorized to impose any of the following disciplinary

punishment . Depending on the gravity of the offense .
a. Reprimand ;
b. Temporary or permanent cancellation of some or all recreational

privileges ;
c. Cancelation of visiting privileges ;
d. Extra-fatigue duty
e. Close confinement in a cell which will not exceed ( 7 ) days . This

punishment shall be imposed only in the cases of an incorrigible
prisoner when other disciplinary measures had been proven
ineffective ;
f. Partial or full forfeiture of good conduct time allowance .
 Custody , Security and Control of Prisoner :
The custody and control of prisoners is the most vital and important
phase in the rehabilitation process , because without control of
prisoners no rehabilitation program must also be carried out and meted
through the standard inmate and custodial force ratio which 1 is to 6 if
inside the prison camp , 2 is to twelve if in open conditions . Factors
considered very essential custody , security and control of provisions
are :
a. Inspection of all security facility ;
b. Adequate system
62 of classification of prisoners ;
c. Counting of inmates at least ( 4 ) times a day ;
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d. Control of firearms
e. A plan for gas control in cases of riots and other disturbances ;
f. Control of contrabands
g. Control of keys
h. Control of tools and equipment
i. Job analysis for all working prisoners and personnel
j. Updated checking of locking devices
k. Emergency plan for riots , escape , fire , power failure and other
calamities
 Inmate Work Programs
The bureaus work program for inmates has the purpose of keeping
inmates busy and compensating them for the labor in order that they
can have money for their personal expenses in prison and families .
The work programs are funded from three ( 3 ) sources , namely
1. From appropriated funds for inmates utilized as janitors , orderlies

and other administrative odd jobs ;
2. From the prison agro-industries trust funds for inmates utilized as

farm workers ; and
3. From joint contract’s office and Sam Sung for handicraft contract .
Inmates workers hired by private companies earn higher wages
than the rest .
 Inmate Education and Training
As a major program in inmate rehabilitation , the bureau thru its seven (

7 ) prisons undertakes the two types of education and training .
- The first is the non formal education offered by all penal institutions
namely ; adult literacy , applied training and orientation .
- The second is the formal education offered only at the new bilibidprison
, which covers college ( BS Commerce ) , High School , Elementary
and vocational courses .
62
 Religious Guidance and Counseling :
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The religious guidance which include worship and formation ,
ministerial rites and counselling is headed by a Guidance Adviser .
Various religious volunteers representing Christian denominations and
Muslim groups attend the spiritual needs of the inmates . The influence
of religion in prison life is a strong positive factor in the restoration of
their faith , dignity and manhood .
 Inmate Health Care
The prison medical service of the bureau of corrections provides health

care to about 18,000 inmates , The bureau’s biggest hospital is located
at the maximum security compound of the new Bilibid Prison in
Muntinlupa .
 Visitation Service
Inmates are allowed under supervision to be visited by the families and

duly registered friends from Sunday to Thursday from 9:00 to 3: 00pm.
Daily . Overnight conjugal visits are made only during special holidays
like Christmas , New Year , Valentines and independence day .
 Postal Services
Mail service is allowed to all inmates provided that all outgoing and
incoming mail matters are passed through the censor officer in order to
prevent the entry of contrabands and entry/exit of information affecting
security . Inmates may receive or send postal services under the
supervision of designated prison officer .
23. Parole Examination
 The inmatescarpeta or record of service of sentence are submitted to

the Board of Pardons and Parole a month before the expiration of their
minimum sentences including good conduct time allowance and
incentive imprisonment credits that they have earned.
24. Prison Agro Industries
 Prison agro-industries , which are the source of inmate livelihood

programs , are turned into joint ventures with private companies and
non-governmental agencies to improve production output and to
provide adequate work programs for the inmates that will enable them
to earn just compensation while serving their prison sentence . Income
from operation of the agro-industries in partnership with private sector
augments the bureau
62 limited appropriation .
Davao del Norte
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25. Time-Release Education
 Thirty ( 30 ) days prior to his scheduled date of release , an inmate is

transferred to the separation and placement center for the purpose of
reorientation with the ways of free society . Service of non-government
organization and their religious sector are made possible to the
offenders prior to release from prison to assist in their reintegration to
society .
Release
The authorities who approve the release of an inmate are :
a. The Director of the Bureau of Corrections upon the expiration of the

sentence of the prisoner .
b. The Board of Pardon and Parole in parole case .
c. The Supreme Court of The Philippines or lower court in cases of acquittal

of the accused prisoner or grant of bail .
d. The President of the Philippines in case of Executive Clemency or

Amnesty .
A release prisoner is supplied by the bureau with transportation fare to his

home plus gratuity of pesos ( P50.00 ) to cover the cost of subsistence in
route , and suit of decent clothes .
“ Prison “
A confinement facility having
custodial authority over an
individual sentence by a court to
imprisonment , which is
administered by a national
government
26. Escape Trend
 Sharp reduction in the number of due to upgraded security prison

facilities and filing of both and administrative cases against lax
custodial personnel .
27. Recidivism 62
Davao del Norte
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For every ( 100 ) inmate that we admitted only 5% were returnees or balikbayans
to our prison , which are comparatively , lower than many countries . The
implementation of genuine prison reforms that applies to both employees and
inmates of the of the Bureau of corrections has kept that rate of recidivism low and
fostered a smooth working relationship between the custodial force and inmates .
28. The Provincial Jail
 The Provincial Jail System was first established in 1910 under the
American regime . Each of the ( 76 ) provinces has provincial jail which
is under the supervision and control of its respective provincial
government . The Provincial Jail is headed by a provincial jail warden
who is appointed by the provincial governor , as well as the provincial
jail guards in conformity with the civil service law . The DILG serves as
the supervising agency in every provincial jail .
 The management of our Provincial Jail and its program of rehabilitation

is dependent upon the provincial warden and the provincial
government . Most of the provincial jails today have congestion
problems and funds as well . Today, there are ( 22 ) provincial
government that have constructed their respective sub-provincial jails
to house prisoners whose prison terms range from ( 6 ) months and
( 1 ) day to ( 3 ) years . The ( 76 ) provincial jails have confined
voluminous numbers of offenders and still growing .
29. The Bureau of Jail Management of Penology
 Under R.A. 6975 , Chapter V the BJMP was created which shall
provide the custody and rehabilitation of City and Municipal prisoners .
 It shall initially consist of officers and uniformed members of the Jail

Management and Penology service as constituted under Presidential
Decree No. 765 composed of the following :
a. Those assigned with the offices of the Jail Management and Penology
covered by the appropriate orders issued by the competent authority
and existing as of January 2, 1991 ;
b. Those civilian employees issued appointments as jail guards ; and
c. Those who entered the INP by way of Lateral entry as penologist .
30. Organization and Key Position62

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 Under Section 3, or R.A. 9263 , The BJMP shall be headed by by a
Chief who shall be assisted by by two deputy chiefs , ( 1 ) for
administration and ( 1 ) for operations , all of whom shall be appointed
by the President upon recommendation of the Secretary of DILG from
among the qualified officers with at least the rank of Senior
Superintendent in the service : Provided that in no case shall any
officer who has retired or is retirable within ( 6 ) months from his/her
compulsory retirement age be appointed as Chief of the jail Bureau , as
the case may be , Provided further , that the chief of the jail bureau
shall serve tour of duty not to exceed ( 4 ) years .
 The head of the BJMP with the rank of Director shall have the position
title of Chief of the jail Bureau .
 The second officer in command of the BJMP with the rank of Chief
Superintendent shall have the position title of Deputy Chief for
Administration of the Jail Bureau .
 The third officer in command of the BJMP with the rank of Chief
Superintendent shall have the position title of Deputy Chief for
Operation of the Jail Bureau .
 The fourth officer in command of the BJMP with the rank of Chief
Superintendent shall have the position title of Chief of Directorial Staff
of the jail bureau , who shall be assisted by the directors of the
directorate in the national headquarters office with at least the rank of
senior superintendent .
31. Rank Classification of BJMP personnel :
 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
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32. The Following Procedures should be observed :
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 The Jail Officer shall carefully the credentials of the inmate’s and officer
bringing in the offender to determine his/her identity and authority .
 He shall examined carefully the arrest report and the authenticity of the
commitment order or mittimus in due form to determine whether the
offender has been committed under legal authority as provided for by
Section 3 Rule XIII , Rules of Court .
Note :
Mittimus is warrant issued by a court bearing its seal and the signature of the
Judge , directing the Jail or Prison to admit and serve the sentence imposed
therein .
 The admitting officer or jailer shall search carefully the offender for
weapons and other contrabands .
 The admitting jailer shall take all cash and other personal money from
the offender or detainee , list them down on a receipt form in duplicate ,
duly signed by him and countersigned by the offender . The original
receipt should be kept for record and the duplicate copy should be
given to the offender .
 All cash and other valuables of the prisoner must be turned over to the
trust officer or property custodian for safekeeping covered by official
receipts.
 The offender shall then be fingerprinted and his photograph taken .
 The admitting officer shall accomplished a jail booking report in ( 4 )

copies attaching thereto the photograph of the offender to be
distributed as follows :
1. BJMP central office

2. Regional Office
3. Provincial Administrator
4. Jail File
 The newly admitted offender shall be thoroughly strip searched

followed by careful examination of his clothing for contraband .
 When it is not impossible for the jail physician to be in attendance

during the admission of the offender , the receiving officer shall
observe the mental alertness , overall appearance and any physical
abnormalities , identifying marks and check if he is suffering fro any
contagious disease shall immediately isolated .
 62 be accomplished by the Jail Physician or Local

A medical record shall
Health Officer showing the condition of the offender or detainee at the
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time of admission to include if possible , his medical history .
 A social case study shall be made by a social worker as basis for the
prisoner’s classification and proper segregation .
 The sentence prisoner shall be providing with jail clothing . His

personal clothing should be receipted , cleaned and stored safely until
his released . The detainee for their own safety maybe allowed wearing
clothes .
 As soon as possible , the offender should be briefed or oriented on the

jail rules and regulations .
 The Warden shall established and maintain a prison record of all

inmates name and alias , a natural Filipino his previous family ;
previous occupation/profession ; prior criminal conviction , and
previous place hence . In case of a prisoner , the record shall indicate
the crime for which he was convicted ; the sentencing court , his
sentence and the commencement date thereof ; personal behavior and
conduct and the date he was receive for confinement .
MadeloPorferio C. (2013).Instructional Module on Intro.Criminal Justice
understand the lesson
System.Quezon City, Philippines:Wiseman’s Books Trading Inc.
Republic Act 9263
Republic Act 6975 Creation of BJMP
Reorganization Act. No. 1407 Creation of Bureau Prisons
Let’s Check
1. The confinement of convicted person in prison or jail
for purposes of reformation , correction and rehabilitation by means of
corrective measures .
2. The enforcement of responsibility for violating a law .
3. It is branch of criminology , which deals specially with
the operation of correctional institutions and agencies and the rehabilitation of
offenders . 62
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4.These are primarily adult penal institution used for the
detention of law violators , which is administered by a province city and
municipality .
5. It refers to a national prisoner or one sentence by a
court to serve maximum term of imprisonment of more than ( 3 ) years .
6. It is the whipping of a stick , rope or leather to a person
who violates the law .
7. An injury that deprives you of limb or other important
body part .
8. Burn with a branding iron to indicate ownership ; of
animals .
9. The state of being banished or ostracized ( excluded
from society by general consent ) .
10. A confinement facility having custodial authority over
an individual sentenced by a court to imprisonment which is administered by a
national government .
Let’s Analyze
1. How important is Section 15 of R.A. 9263 ?

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In a Nutshell
As distinguished from jail a lock-up is a security facility , usually

operated by the police department , for the temporary detention of persons held
for investigation or those awaiting trial .Most of the facility “ jail or lock up “ are
overcrowded and remember our Law Enforcement specifically the Police is
practicing not on “ reactionary type of enforcement but more on Pro active type
of enforcement “ .Can you give your idea , what are those things that the police
must do to avoid not being criticized of not being effective in terms of law
Enforcement .
62
Davao del Norte
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Big Picture
expected to
a. Understand , how important other government agencies in

partnership for effective CJS .
b. Explain the following reasons and principles why we should
empower our communities .
62
Metalanguage
Big Picture in Focus: ULOb. Explain on how important is the
fifth pillar in our Criminal Justice System , in terms of
people orientation and public participation .
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The following are terms to be remembered aswegothroughin studying
difficulty in understanding the basic concepts of R.A 9208.
38. Democracy a political system in which the supreme power lies in a body
of citizens who can elect people to represent them .
39. Community a group of people having ethnic or cultural or religious
characteristics in common .
Essential Knowledge
This unit tackles about how our countrymen need to participate in the
day-to-day political affairs of our government wherever they may be , purposely
to consummate and acquire new concepts and dimensions which are vital to
Democracy , for the establishment of a “ great community “.
1. The Essence of Partnership in CJS
Democracy
 Democracy the existence of effective democracy in the

community is the active participation of the citizens in the process
of government .
 Participation is very much essential as the government grows in

size with complexity and elevates the mood of
development .People should be aware of the forces that in one
way or the other control their destiny .
 People must get to know the business of government ; otherwise

a wide scale of apathy will develop into decay in our democratic
vitality and development .
Community
 Community our countrymen need to participate in the day-to-day

political affairs of our government wherever they may be .
Purposely to consummate and acquire new concepts and
dimensions which are vital to democracy , for the establishment
of a great community .
 The subsistence 62and development of our ( NGO ) Non-

Governmental Organization and People’s Organization ( PO’s )
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have contributed a lot in the awareness and participation of the
people in the governance , which in effect have contributed to the
effective delivery of government services .
 History and experience shows that the key to success of any

Criminal Justice System in public participation . Most countries of
the world bear the concept of the criminal justice system that
projects ( 4 ) or ( 3 ) pillars namely : Law Enforcement ,
Prosecution , Court , Corrections . In the Philippines we included
the fifth pillar , Community . Projection was based on the concept
and processes of our Criminal Justice System to a people
orientation and community participation .
 The evolution in our country reached its climax with the staging of
the greatest public participation ever recorded in the annals of
history . There is the phenomenon of “ people power “ wherein in
the twinkling of the eye , a government perceived by the public as
totalitarian was changed into a democratic form within a period of
four ( 4 ) days without bloodshed .
 The people’s power in the Philippines has become a model in

East Germany and Soviet Union in dismantling their totalitarian
government . If the Philippines , Germany and Soviet Union was
able to transformed their governments and make a virtual change
in its political landscape in a matter of days , how much more if
the people and its government should join hands together to fight
and prevent crime not to happen . But the big question would be
how ?
 Mutual cooperation and support or the public’s participation and

cooperative vis-à-vis with law enforcement is the primary
requirement to answer the above question. Since the police
constitute the first line of defense in the peace and order , they
are the one in constant contact with the public . Crime must be
construed more as a community problem rather than a police
problem . It is important to have an accurate understanding of
what is meant by community involvement in a democracy in the
context of policing .
 The police would have to disabuse their minds whatever false

conception of public participation they may have .they should look
at the public not so62much just an agency for the implementation of
its predetermining policies but also a component in a partnership
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for the formulation and implementation of policies. The public in
line with its being a pillar of the Criminal Justice System has to
have its input at the policy level , it would be easier for the public
to accept and implement programs which they feel to be their own
and adapted to their needs and not just a product of proverbial
ivory tower approach . Public participation should seep into all
levels from the barangay up to the national level .
 The police pubic relations should include “ operational contact “ .

Often the work of community relations department in the police
force does not include community based strategies through
operational contact . Community relations without successful
operational contact means , that the public pronouncements are
not much with accomplishment .
 The success of a police officer as a reference point nor the

community thinking and action depends on the range and quality
of his personal contacts with the community leaders and
members and their organization . With the adequate contacts , he
can anticipate and defuse potential challenges to peace order
without over reaction , an act of which often leads to charges of
oppression and brutality . Through interaction , violence can be
pretended , for example in militant marches and rallies , which
could be effectively stewarded by community leaders , with a
minimum police presence . The Philippines has in effect
acknowledged the new perspective of policing wherein there has
been an overhaul of priorities and recognition in police
policing .the power to prevent must be recognized , crime
prevention of delinquency and breach of peace , which have all
the potential of violent crime .
 The power of policing is the people and policing is for the people ,
therefore, the people must be made partners in policing . Once it is
done in a variety of ways it provides transparency and accountability to
the whole system .Resources , which cannot be provided by the
police , could come from participative policing .
 The irritants are factors that can erode police public rapport , which
could be propagated through the three areas , namely partiality in the
enforcement of the law abuse of authority and alack of professional
courtesy and corruption .
 Addressing these deficiencies is not as difficult as it may seem. All it

needs are motivation and imagination . A man acts according to
motives and creative imagination that projects solutions where
traditional reasoning
62 stops .
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 Constitutionally and statutorily , all men should be treated equality , for
any discrimination against race , religious belief , social class ,
economic status and sex is surely bound to create an unbridgeable
hiatus between the police and the public . the police must be trusted
protectors and servants of pluralistic societies and never an agent of
the power structure . their best efforts can be streamed by the
prosecution and the court system or by penal or subservient judiciary in
support of an upright administration of law and justice . As long as legal
advantage cannot be purchased and as long as unconventional or
poorly dressed people receive equal legal treatment , the law and its
enforcement officers the police , the prosecutor and judge will not
appear as oppressors but rather protectors .
 The police power as an authority of government is a necessary

component in the maintenance of law and order . There is nothing
wrong with authority , the questions and controversies only arises as
how the authority is being exercised , which will spell the difference
between alienating or gaining support and cooperation of the
community in the peace keeping efforts .
2. Other Government agencies in partnership for effective CJS
 The National Police Commission , collegial bodies established by law

to exercise administrative control and supervision over the Philippine
National Police , is one of the formal policy making structure of the
Philippine Government and corruption geared towards the prevention
of crime , abuse of power and corruption in the Criminal Justice System
. Crime prevention and Criminal Justice technical committee , wherein
key officials of each of the components to the Criminal Justice System
and non-governmental organization leaders are represented , the
strengths and weaknesses of the criminal justice process are
discussed on monthly basis to effect speedy and efficient
administration of the criminal justice system .
3. The Peace and Order Council
 The POC is an extensive policy making structure that creates a venue

for government and private sectors to come with programs that would
answer peace and order problems . The POC organizational hierarchy
with the national level , Regional , Provincial, City, Municipal and
barangay level, Each political component of the government is
mandated to organize the POC under executive order No. 366, which
states that there is aneed enhance the effectiveness of the Peace and
Order Council in its crime prevention and suppression mission through
the expansion of its62membership and the extension of its infrastructure
down to barangay level .
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 Under section 1 , he Peace and Order Council is reorganized with the
National , Regional , Provincial , City, and municipal levels of
government to be constituted as follows :
a. ( PNOC ) shall be composed of the following :
 DILG Secretary
 Secretary of National Defense
 DSWD Secretary
 DPWH Secretary
 DTI Secretary
 DOLE Secretary
 DEPED Secretary
 DOH Secretary
 Pres Secretary
 Director General National Security Council
 NBI Director
 Chairman NAPOLCOM
 Vice Chairman and C.E.O NAPOLCOM
 CHR Chairman
 BID Commissioner
 Executive Director DDB
 Chief of Staff AFP
 Chief of PNP
 Twelve representative from the private sector who shall be appointed
by the chairman as regular members of the council representing the
academic , civic , religious , youth , labor , legal, business , media,
women, cooperative , cultural minority and people’s organization . And
other cause adviser or observes the council .
b. A special Action Committee ( SAC ) shall be organized within the PNOC composed
of the Secretaries , and a representative from private sector to take action on any
critical or emergency situation .
c. The Regional Peace and Order Council ( RPOC ) shall be composed of the regional
counterparts of the departments , offices and agencies enumerated in paragraph ( a )
whenever applicable to be appointed by their respective agency heads . The RPOC
chairman and Vice Chairman shall be appointed by the chairman of NPOC .
d. Provincial Peace and Order Council ( PPOC ) shall be composed of the provincial
counterparts of the department’s offices and agencies as enumerated in paragraph
( a ) wherever applicable , to be appointed by their respective agency heads , with
the provincial Governor as Chairman and Provincial Vice Governor as Vice Chairman
.
62
e. The City and Municipal Peace and Order Council ( CPOC / MPOC ) shall be
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composed of the city and municipal counterparts of the department’s offices and
agencies as enumerated in paragraph ( a ) wherever applicable , to be appointed
by their respective agency heads with the city or municipal Mayor as chairman and
the respective vice mayor as vice chairman .
Section 2 on the other provides that every barangay shall organize a Peace and
Order Committee to serve as implementing arm of the city /municipal peace and
order council at the barangay level . Such committee shall be composed of the
following members :
 The Punong Barangay as Chairman

 The Chairman of the SanguniangKabatan
 A member of the LuponTagapamayapa to be deisganated by Punong
Barangay
 A barangay Tanod to be designated by Punong Barangay
 A public School Teacher to be designated by school principal
 A representative if inter faith group
 Senior Citizen
 At least three members of existing barangay base anti crime or
neighborhood watch group or an NGO representative well known in his
community
 A PNP officer to be designated by the chief of police og the
corresponding city/municipality .
Under Section 3 , The Barangay Peace and Order Committee shall have the
following functions and responsibilities :
 Monitor and coordinate the implementation of Peace and Order

Programs and projects at the barangay level ;
 Serve as an information gathering mechanism ;
 Monitor and check the nefarious activities of criminal elements ;
 Identify barangay constituents with strong deviant behavior for referral

to appropriate authorities ;
 Maintain continuing dialogue , close coordination and report with the

higher levels of the peace and order council and law enforcement
units ;
 Formulate plans and recommend such measures which will improve or

enhance peace and order and public safety in there are of
responsibilities ;
 Monitor coordinate and supervise the operation of all community based

anti-crime movements within barangay .
62
 Make periodic assessment of the prevailing peace and order in their
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respective areas of responsibility and submit report with appropriate
recommendations to the higher level peace and order council and ;
 Perform such other functions , which maybe assigned by the higher

level peace and order councils .
The National crime prevention goals are established and are attuned to
current national policies on political stability , effective bureaucracy ,
people empowerment and moral recovery . The NAPOLCOM , in its
capacity serves as the Secretariat of the POC , which synchronizes all
these thrust to ensure that various agencies and commissions together
with the private sector get their acts together .
4. The NGO’s and PO’’s
 The role of the non-Government organizations or what we may call , in

a way the mobilized sector of the community pillar in the Criminal
Justice System cannot be over emphasized vis-à-vis their telling impact
on the rest of the Criminal Justice System ; Law Enforcement ,
Prosecution , Court and Corrections .
 In the absence of a militant public that exerts pressures of our police ,

Prosecutors , Judges and Jail Personnel to speedily solved and arrest
criminals , prosecute cases and try speedily and treat convicts convict’s
humanely in preparation for their re-assimilation onto the main stream
of society .
 The Philippines experience strikes with a delicate balance between

indigenous practices that are germane to the Criminal Justice System
and on the other hand the United Nations principles that transcend
criminal justice matters and incorporate economic development ,
political system , social and cultural values .
5. Empowering Community rather than Policing
 Neighborhood orientation policing or community oriented policing , the

notion that police should not simply respond to incidents of crime , but
also help neighborhoods solve the problems that undermine crime .
Building strong relationship with the community is to be able to know
the perspective of their peace and order situation in their community
members to share their peace and order problem and able to provide
solution for them .
62
Davao del Norte
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 The basic idea is to make public safety a community responsibility ,
rather than simply giving the responsibility to the police . Police officers
should transform their understanding of their role as a police , which is
limited to investigating and law enforcing , but rather into a catalyst in
the process of community self-help.
 If police will just wait to calls for police assistance o any incidents of
criminalities and be there in the area in the quickest time possible that
is a reactive policing , a momentary solution to the problem . Teaching
the community to protect themselves aside from constant police patrol
and visibility is a form of introducing a proactive policing , in which
crimes are prevented to happened , and thereby providing sound
solutions to the problem .
 When police agencies managed to aid communities police their own

community , police efficiency would be paramount . This is really just
common sense ; we will know that people act more responsibly when
they control their own environments than when they are under the
control of others or outside forces . Proprietors handle with care of their
properties than lessee , which common .
 Today , we let bureaucrats control or public services , not those they

intended to help . Rather than communities and families , resolution of
conflicts is now entrusted to professionals . The people being served
become highly dependent causing the control to be taken over by the
police , the doctors , the teachers , and the social workers and other
professionals .
 We solve problems that would encourage people to report crime

incidents , but we have no programs that empower our citizens in the
community in solving and preventing crime . We take away the self-
reliance and capacity of the public and society in general . We create
huge dependency . We should not be surprise that our people are
welfare dependent , alcohol dependent and drug dependent because
we let them be dependents .
6. The following are reasons and principles why we should empower our
communities :
 Communities have more commitments and desire to have peace and

order than the police who are forces to secure the community .
 Communities understand
62 their problems better and they know its real
root causes than the government .
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 Government employee’s are there only to deliver services and not to

solve community problems .
 Government employee’s offer and provide service whole community

offers and provide car
 Communities are flexible and creative in responding to their problems

than the government service
 Communities provide cheaper cost service than government services
 Communities enforce standard behavior more effectively than police .
Self-Help: You can also refer to the sources below to help you furthe
understand
Madelo ,Porferio Jr. C . (2013).Instructional theonlesson
Module Intro, Criminal Justice
System .Quezon City, Philippines:Wiseman’s Books Trading Inc.
https://lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html
https://www.lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html
Let’s Check
1. A political system in which the supreme power lies in a
body of citizens who can elect people to represent them .
2. A group of people having ethnic or cultural or religious
characteristics in common .
3. A phenomenon wherein in a twinkling of an eye , a
government perceived by the public as totalitarian was changed into a
democratic form within a period of ( 4 ) days without bloodshed .
4. It shall be organized within the PNOC , composed of
the Secretaries of DILG, DND, DSWD, DOJ, AFP Chief of Staff and
representative from the private sector .
62
5. The RPOC Chairman and Vice Chairman shall be
appointed by the Chairman of ;
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6. Who is the Provincial Peace and Order Council( PPOC
) Chairman ?
7. Who is the City / Municipal Peace and order council
( CPOC/MPOC ) Chairman ?
8. Teaching the community to protect themselves aside
from constant police patrol and visibility is a form of introducing a;
9. if police will just wait to calls for police assistance to
any incidents of criminalities that is ?
10. The notion that police should not simply respond to
incidents of crime , but also help neighborhoods solve the problems that
undermines crime .
Let’s Analyze
1. Explain the following reasons why should empower our communities ?

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62
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2. At present what is the most effective policing in maintaining peace and order
in our community or society as a whole ?
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In a Nutshell
62
In this part of the unit, you were given the basic concepts of Criminal
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Justice System manner of operation .
1. Based in your understanding about the Five ( 5 ) pillars of the Criminal Justice
System , which of the five ( 5 ) components are considered as formal
institutions and informal institution ? explain
62

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Department of Criminal Justice Education

Physically Distanced but Academically Engaged

Self-Instructional Manual (SIM) for Self-Directed

Course/Subject: CRI 121 Intro. Criminal Justice System

Name of Teacher: Johannes Jesus M. Nieves, RCrim ,MCrim

THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT

CourseCoordinator: Johannes Jesus M. Nieves

Course Outline Policy

Areas of Concern Details

Assessment Task Submission Submission of assessment tasks shall be on 3rd, 5th,

If the assessment task is done in real time through

Please note that academic dishonesty such as

However, if the late submission of assessment

For group assessment tasks, the course coordinator

standards or other reasonable circumstances e.g.

If disapproved by the course coordinator, you can

Preferred Referencing Style Depends on the discipline; if uncertain or inadequate,

Student Communication You are required to create a email account which is a

You can also meet the course coordinator in

For students who have not created their student

Contact Details of the Dean Gina Fe G. Israel, EdD

Course Information – see/download course syllabus in the Quipper

CC’s Voice: Hello there! Good day!WelcometothiscourseCRI 121:Introduction

CO As a student of this course you are expected to explain the

a. Understand the nature and major components or pillar’s of Criminal Justice

Big Picture in Focus: ULOa. Understand the nature and basic

1. Criminal Tendencies – the criminal tendencies of a person would

1.a . If a person possesses a gun or any deadly weapon , a great

2. Situation – this refers to an environmental factor that induces or

2.a. If a person is in a situation wherein he meets face to face his

3. Resistance – this pertains to the person’s susceptibility to

3.b. Out of the tendencies and situations being present in your

3.d. Many theoretical perspectives ten to explain the origin of crime

4. Social Perspective – crimes refersto an act of menacing or harming

5. Legal Perspective – under this perspective , crime is defined as an

6. NullumCrImen ,nullapoena sine legis– There is no crime if there is

6.a. An act or behavior of a person could be a crime if , there is a law

7. Quasi Delict – an act whereby a person without malice but by fault ,

7.a. When a person commits an act of negligence , ( lack of foresight or

8. Law – is rule of conduct , just and made obligatory by legitimate

8.b. Laws regulate human interaction ;

8.c. Laws defines the economic environment ;

8.d. Laws enhances predictability ;

8.e. Laws support the powerful ;

8.f. Laws promote orderly social change ;

8.g. Laws sustain individual rights ;

8.h. Laws redress wrongs ;

8.i. Laws identify evildoers ; and

8.j. Laws mandate punishment and rehabilitation of offenders .

9.aMesopotamian laws and Codes

 LexTaliones –in English, it means Law of Retaliation...

9.bThe Code of Hammurabi

 Megistrate – a public official authorized to decide questions

 Canon Law – the body codified laws governing the affairs of a

10. Philippine Laws and Concept

11. Criminal Law

 The Revised Penal Code

12. Institutional Approaches on Criminal Justice System

 Historical Approach – supported by facts from history or formerly

13. Operational Reality Approach – attempts to consider the criminal