UNIT I

INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Specific Objectives: At the end of the unit, the students should be able to:
1. explain the Concept of the Philippine Criminals Justice System;
2. evaluate and analyze the course of the criminal justice system; Page | 1
3. enumerate the components of the criminal justice system; and
4. describe the criminal justice system as a whole.

INTRODUCTION:
Criminal Justice System is the machinery used by the society to prevent and control
crime. It is a tool of a Democratic Government to protect the society against criminality and other
peace and order problem.
In theory, Criminal Justice System is an integrated apparatus that is concerned with the
following;
apprehension,
prosecution,
trial,
conviction,
sentencing and
rehabilitating or correcting criminal offenders.

The process is the totality of the activities of law enforcers, prosecutors, defense lawyers,
judges and correctional institutions, as well as those of mobilized community in crime prevention
and control.
Basically, the Criminal Justice System in the American context is initially made up of
three key components – the police, the court and the corrections.
Criminal Justice System in the Philippines was expanded to achieve its objectives –
prevention and control of crimes.

Definition of terms

Crime
It is an act or omission punishable by law.
Act
Any bodily movement tending to produce some effect.
Omission
It refers to the failure to perform a specified act.
Criminal Law
A branch of law that defines crimes, treats of their nature and provides for their
punishment.

Types of Crime
1. Felony
Any act punishable by the Revised Penal Code of the Philippines.
2. Offense
Any act punishable by Special Penal Laws.
3. Misdemeanor or Delinquency
Any act which is in violation of simple rules and regulations.

Features of Criminal Law

1. Politicality
Laws are constructed by political authorities.
2. Specificity
 Précised in stating what must be done.
3. Uniformity
Equal to all persons.
4. Penal Sanction
Provides punishment.

Characteristics of Criminal Law Page | 2

1. Generality
Penal law is binding to all persons sojourning in the Philippines.

2. Territoriality
Penal law is applicable to all the crimes committed within the Philippine territory.
3. Prospectivity
Penal law cannot be applied retroactively. Penal law cannot make an act punishable in
a manner in which it was not punishable when committed.

Criminal

A person convicted by a competent court in violation of the criminal law.

 A person can be considered a criminal under the following circumstances:

1. He must have committed a crime.

2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been
arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the court by the
prosecutor for trial.
5. There was arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.

Suspect
It refers to a person who allegedly committed a crime. It is a term used to refer to a person
who is undergoing criminal investigation.

Accused
A person who was formally charged in court for the commission of an offense.

Victim
Forgotten person in the Criminal Justice System.
Justice
It connotes equality in the application of laws. According to the Supreme Court of the
Philippines, justice is symbolically represented by a blindfolded woman, holding with one
hand a sword and with the other, a balance, meaning thereby that it is administered without
respect to persons, equally to the poor and the rich.

System
It refers to the orderly combination or arrangement, as of parts or elements, into a whole;
specifically, such combination according to some rational principle; any methodical
arrangement of parts.

Criminal Justice System

 A Machinery used by the government to prevent and control crimes.

Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality. Page | 3
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.

“VISION OF THE CRIMINAL JUSTICE SYSTEM”

CJS VISION is for a safe, peaceful, and progressive Philippines through partnership and
shared responsibility in attaining peace and order.

LAW ENFORCEMENT
Well-coordinated, professional, dynamic and highly motivated law enforcers in partnership
with the community for a safe, peaceful and progressive Philippines.

PROSECUTION
A maximized prosecutorial capability to reduce criminality for a peaceful and progressive
Philippine society.

COURTS
A court system which is truly independent, just and speedy to the end that no innocent
person is convicted and no guilty man is acquitted.

CORRECTIONS
A correctional system that is modern, humane, responsive and integrated.

COMMUNITY
A united proactive community working for peace and order in partnership with the other
pillars of the criminal justice system.

“MISSION OF THE CRIMINAL JUSTICE SYSTEM”

The CJS MISSION is to promote peace and order through active community involvement
and fair and dispensation of justice.

LAW ENFORCEMENT
To enforce the law, prevent and control crime, maintain peace and order, and ensure public
safety and internal security with the active participation of the community.

PROSECUTION
To provide a highly professionalize, properly motivated and people-oriented prosecution
service to conduct preliminary of complaints and prosecute criminal actions to ensure fair,
speedy and inexpensive prosecution of cases.

COURTS
To promote respect for and obedience to the Rule of Law through proper and efficient
administration of justice.

CORRECTION
To rehabilitate and reintegrate offenders into the mainstream of society and uphold their
human rights and dignity through speedy legal and administrative processes and provision
of scientific and spiritual programs.
COMMUNITY
To mobilize key sectors of the community in an integrated plan of action to combat crime
and promote peace, order and justice.

Components of the Criminal Justice System

Page | 4
American Concept
1. Law Enforcement
2. Court
3. Correction

Philippine Concept
1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community

“CRIMINAL JUSTICE PROCESS”

Criminal justice is a process of selection.

Not every crime that is committed is reported to the police;
Not every crime reported to the police results in an arrest;
Not every arrest results in a prosecution;
Not every prosecution results in a conviction;
And not every conviction results in a prison sentence.
In other words, criminal justice is a process whereby individuals are sifted and sorted out at
various decision points within the system.

During the processing of the offender, there is a great deal of “slippage” within the system
at various decision points in the process. A major characteristic of the administration of criminal
justice is the discretion that exists at each critical decision stage in the system. The criminal
justice system operates like a complex filter, screening out offenders at various points.

The criminal justice process can be conceived as a homogenization process. The

process begins with acts that may or may not be considered as “criminal” (designated as social
harms). At the beginning of the process, we have a very heterogeneous group of people, since
just about everyone commits some act that could be considered a “social harm”. However, very
few of these acts come to the attention of the police. Of those that do come to the attention of the
police, only a small percentage (less than 20 percent) results in an arrest. Even of those
arrested, many are never charged with a crime or “booked”.

As we proceed through the stages of the CJS, we see that the number of people involved
as accused is further reduced. Also, and more importantly, the kinds of people involved become
more and more homogenous.

For instance, they become more alike in terms of the following:

age (younger),
sex (more are males),
social class (increasing numbers of lower - and working-class people),
offense (more and more “index” offenses, especially property offenses such as theft and
robbery),
And more and more with previous experiences with the criminal justice system.
 When we arrive at the last stage, the prison populations, we have the most homogenous
grouping in which the vast majority are poor, unskilled, uneducated, and well experienced in
crime and have had much contact with the criminal justice system.

Page | 5
 UNIT II
THE LAW ENFORCEMENT PILLAR

Specific Objectives: At the end of the unit, the students should be able to:

1. trace the development of law enforcement;

2. explain the exercise of discretion and its control; Page | 6
3. expound the powers and functions of the police force; and
4. evaluate the image of the police force;
5. explain police tasks;

LAW ENFORCEMENT

It is considered as the prime mover of the Criminal Justice System. Law enforcement is a
deterrent and preventive activity.

It consists of patrolling to supervise conduct, investigating to identify offenders and/or

recover stolen or missing property, warning or arresting those who are probably guilty of criminal
behavior, and assisting in the prosecution and trial of offenders. Its goals are aimed towards the
prevention and disorder, preservation of peace, and the protection of life, properties and
individual freedom.

The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise conduct,
investigating to identify offenders and or recover stolen or missing property, warning or
arresting those who are probably guilty of criminal behavior, and assisting in the prosecution
and trial of offenders. Its goals are aimed towards the prevention of crime and disorder,
preservation of peace, and the protection of life, properties and individual freedom.

A large number of government agencies are involved in law enforcement one way or
another. The kind and degree of involvement vary from general and specific law
enforcement to enforcing standards and regulation pertaining to particular government
activities.

In the Philippines, the law enforcement function is spearheaded by the Philippine

National Police (PNP), the Department of the Interior and Local Government (DILG), and the
National Bureau of Investigation (NBI) under the Department of Justice (DOJ).

In addition to these government offices, there are other agencies tasked with enforcing
special laws. Among these are:

1. Police Anti-Crime Emergency Response Team – (PACER)

2. Bureau of Internal Revenue (BIR)
3. Land Transportation Office (LTO)
4. Bureau of Customs (BOC)
5. Bureau of Immigration (BOI)
6. Economic and Intelligence and Investigation Bureau (EIIB)
7. Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)
9. Marine Industry Authority (MARINA)
10. Bureau of Forest Development
11. Department of Agriculture (DA) - BFAR, BPI, etc.
12. Air Transportation Office (ATO)
13. National Telecommunications Commission (NTC)
14. Bureau of Product Standards (BPS)
 HISTORY OF POLICE FORCES
Introduction

Police is the agency of a community or government that is responsible for maintaining

public order and preventing and detecting crime. The basic police mission — preserving order by
enforcing rules of conduct or laws — was the same in ancient societies as it is today in
sophisticated urban communities. Page | 7
The term police originated from the Greek word “politeia”, which means government of a
city. The term was used to describe the group of civil officers governing the city and not
necessarily the armed men guarding/policing the city. When the Romans conquered the Greeks,
they changed the word slightly to “politia”.

The French changed the word to “police” and used it to those authorized people who
actually enforce the law. The English and the Americans borrowed the word from the French and
used it to describe a law enforcement officer.

Cop and constable are terms with similar meaning to the word police. The word cop is
commonly used to describe a police officer. This word most likely came from the European word
cop, meaning to catch or seize.

Broad Goals of the PNP

1. Prevent and control crimes.

2. Maintain peace and order.
3. Ensure public safety and security.

Sub Goals of the PNP

1. Reduce the level of criminality and crime rate into a desirable social level.
2. Improve crime solution efficiency.
3. Maximize linkages with other components of CJS and international law enforcement
agencies.
4. Enhances the credibility of law enforcement organizations.

Statutory Power of Police

1. Enforce all laws and ordinances relative to the protection of lives and properties.
2. Maintain peace and order and to take all necessary steps to ensure public safety.
3. Exercise the general powers to make arrest, search, and seizures in accordance with the
constitution and pertinent laws.
4. Investigate and prevent crimes, effect the arrest of criminals, bring offenders to justice
and assist in their prosecution
5. To assist other national government agencies, instrumentalities and subsidiaries in the
enforcement of laws pertinent thereto upon proper request and or deputization.
6. Detain an arrested person for a period not beyond what is prescribed by law.

Administrative Functions of the Police

1. To ensure licenses to possess a firearm and explosive, as well as permit to carry firearm
outside residence.
2. Supervise and control the licensing, training and duties of security guards and security
agencies.
3. Perform other task maybe provided for by law.
Police Operations

1. Prevention of crime.
2. Repression of criminality.
3. Apprehension of Criminals.
4. Recovery of stolen property or protection of life and property.
5. Regulation of non-criminal conduct. Page | 8
6. Perform other miscellaneous services.

ROLE OF THE POLICE IN THE SYSTEM

1. To arrest the suspect

a. By virtue of a warrant of arrest issued by a judge on the basis of evidence
submitted by them.
b. Under circumstances justifying a warrantless arrest (Sec. 5, Rule 113, Rules of
Court).
2. To conduct investigation - The police may conduct surveillance, interview persons with
knowledge of facts directly or indirectly connected with the offense, take photographs
(surreptitiously or otherwise), arrange to constitutional and statutory safeguards,
examine public and other available records pertaining to the persons involved and get
copies of pertinent entries.
3. To gather and preserve evidence
4. To transmit the records of the case to the court/prosecutor
5. To appear and testify in court

Theories of Police Service

1. Home Rule - Policemen are considered as servants of the community.

2. Continental - Policemen are considered as servants of higher authority.

Concept of Police Service

1. Old Concept
The yardstick of police efficiency is the number of arrest. Police is a repressive
machinery in crime prevention.

2. Modern Concept
The yardstick of police efficiency is the absence of crime crime/lesser number of
crimes committed.

Police Community Relation

It is the sum total of dealing of the police with the people it serves and whose
goodwill and cooperation it craves to ensure the greatest efficiency in the police
service.

Coverage of Police Community Relation

A. Public Information Program

This evolves upon the concept of keeping members of society informed so that they will
appreciate and understand the complexity of police work and the services rendered by our men.

B. Public Relation Program

Focused on building a good image for the police organization through actual performance
without inefficiency and corruption.
C. Civic Action Program

This impart to the people that police are their friends and the partners as well as their
defenders.

D. Mass Communication Program Page | 9

It is designed to influence the opinions, attitudes, behaviors and emotions of the public in
a manner that they will behave in accordance with the law.

Police Discretion

It is the wise use of one’s judgment, personal experience and common sense to
decide a particular situation.
Abuse of discretion resulting to injury to persons or damage to property is punishable.
So the police must be guided by some basic concepts such as COMMON SENSE,
PERSONAL EXPERIENCE, and SOUND JUDGMENT.

PROBLEMS ARISING FROM UNREGULATED DISCRETION

1. It lacks uniformity for implementation

2. It may be discriminatory
3. It foster police corruption in victimless crimes
4. It converts the law into a personal instrument of social control through the so-called
"sidewalk justice."
 UNIT III
PROSECUTION

Specific Objectives: At the end of the unit, the students should be able to:
1. trace the evolution of prosecution;
2. compare and contrast local and international prosecution;
3. explain the role of the prosecutor; Page | 10
4. state why the prosecutors are obliged in conducting preliminary investigation;
5. describe the simple process of conducting preliminary investigation and inquest;
6. analyze the duty of the investigating fiscal; and
7. describe the steps of prosecuting a criminal.

HISTORY OF PROSECUTION

The origin of the office of the prosecutor is found hundred of years ago in the
jurisprudential development and the common law of England. In the middle ages, the King has
attorneys, sergeants, and solicitors to perform some of the functions of the modern prosecutor.
Before the thirteenth century, the king appointed special attorneys to prosecute criminal cases.
The general term attornatus was used in England official documents in the Middle Ages to mean
anyone who appeared for another as a pleader, attorney, or essoiner.

The earliest laws of England defined crimes as being committed against a particular
individual, not against the state. The original prosecutor was a victim or an individual representing
a victim who stepped forward personally to initiate the prosecution of the alleged offender. The
fact that the injured or aggrieved were their own advocates quite often caused the prosecution to
be carried out in a zealous quest for vengeance.

Originally all crimes were torts; thus in early common law, any injury, whether to person
or property, was a tort. (A tort today is an injury to an individual that is not an offense against the
state). The historical custom of victims-prosecutors led to so much feuding that eventually the
English King took over the obligation of punishing each offender, the original declaration or
concept being known as the king’s peace. From this time on, any conduct that resulted in an
injury to person or property was considered an offense against the king’s peace. Later, the injury
was considered an offense against the state.

During the reign of Edward IV (1461-1483), William Husse was appointed attorney
general of England.

Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead
provided a system of “sergeants”, who were required to act as police prosecutors and to enforce
penal statutes. These sergeants were later to become well trained in the law.

PROSECUTION DEFINED

Prosecution is the process or method whereby accusations are brought before the court
of justice to determine the guilt or innocence of the accused.

Serving as the lawyer of the State/government in criminal cases, the prosecutor is

automatically considered an officer of the court; at the same time, he is formally a member of the
Department of Justice, under the Executive branch of the Government, and thus independent
from the judiciary.
 The prosecution service is made up of Provincial and City Public Prosecutors under the
National Prosecution Service (NPS). They perform to types of prosecutorial powers; investigatory
and prosecutory such as:

They evaluate the police findings referred to them, or other complaints filed directly with them
by individual persons (e.g. government officers in charge of enforcement of law violated);
They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts Page | 11
on the basis of their evaluation of the proofs at hand; and
They prosecute the alleged offenders in court, in the name of the People of the Philippines.

Prosecute

To commence and carry on a criminal action or lawsuit in the name of the People of the
Philippines.
To bring suit against for redress of wrong or punishment of crime.
To seek to enforce or obtain, as a claim or right, by legal process.
To begin and carry on a legal proceeding.

THE PROSECUTOR AND THE POLICE

1. Prosecutorial discretion typically enters the picture immediately after the arrest, when
the police investigative reports are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether to
accept or reject the case for prosecution.
3. The action of the prosecution is dependent upon the police initiatory action, whereby the
criminal justice system relies on the:
a) certainty of the arrest by the police
b) certainty of conviction by an effective prosecution
c) certainty of appropriate sentencing by the court

Who is a Prosecutor?

A prosecutor is a person responsible in evaluating evidences presented before him.

What are the roles of a Prosecutor?

They serve as the lawyer of the state or the government in any criminal case.
Automatically considered as the officer of the court.
He is a member of the Department of Justice under the executive branch of the government.

What is Criminal Action?

A criminal action is one by which the state prosecutes a person for an act or omission
punishable by law.
A criminal action is commenced by the filing of a complaint with the City or Provincial
Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However,
criminal action for an offense committed within Metro Manila, may be commenced only by the
filing of a complaint with the Prosecutor’s Office.

What is a Complaint?

A complaint is a sworn written statement charging a person with an offense subscribed

by the offended party or any peace officer or any employee of the government charge with the
enforcement of the law being violated.
Who is an offended party?
The offended party is the person against whom or against whose property the crime was
committed.

What is Information?
Information is an accusation in writing charging a person with an offense subscribed by
the prosecutor, and filed with the court. Page | 12
Distinctions between Complaint and Information

1. Complaint is subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated; while Information is subscribed by the
prosecutor;
2. A Complaint is under oath; while an Information need not to be under oath;
3. A Complaint is filed with the court either for preliminary investigation or for trial; while
Information is filed with the court for trial.

What is Inquest or Inquest proceedings?

Inquest is an informal and summary investigation conducted by a public prosecutor in

criminal cases involving persons arrested and detained without the benefit of a warrant of arrest
issued by the court for the purpose of determining whether or not said persons should remain
under custody and correspondingly be charged in court.

Initial Duty of Inquest Officer

The Inquest Officer shall first determine if the arrest of the detained person was made in
accordance with paragraphs a and b of Section 5, Rule 113 of the Rules on Criminal Procedure,
as amended, which provide that arrests without a warrant may be effected.

For this purpose, the Inquest officer may summarily examine the arresting officer on the
circumstances surrounding the arrest or apprehension of the detained person.

Where arrest not properly effected:

a. recommend the release of the person arrested or detained;
b. note down the disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forward the same, together with the record of the case, to the City or Provincial
Prosecutor for appropriate action.
 UNIT IV
THE COURT PILLAR

Specific Objectives: At the end of the unit, the students should be able to:
1. differentiate the court from the judge;
2. define judicial scope and its power; Page | 13
3. illustrate the organizational structure of the court in the Philippines; and
4. elucidate the roles of court in the administration of justice.

Evolution of Court

“All trials of criminal and civil cases in pre-Spanish Philippines were in public. The
litigants in the case pleaded their own case. There were no lawyers, court clerks or
stenographers. The litigants presented their witnesses. Before testifying, these witnesses took
and oath to tell the truth. The oath was in various forms, such as “May the crocodile eat me!”
“May I die if I tell a lie” “May no woman love me” or “May the moon frown upon me!” To the
forefathers, their oath was sacred. Perjury was rare in the early trials. The barangay court
decided the case in favor of the litigants who presented more proofs than the other.

Trial by Ordeal

“In criminal cases, when there was doubt as to who of the accused persons was really
guilty of the crime, trial by ordeal was resorted to. It was believed that the gods protect the
innocent and punished the guilty. Through the ordeal the gods revealed divine truth to the people.
Thus, an accused person who was innocent was believed to be always successful in the ordeal
because the gods would make him win.

Meaning of Court

A court is 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.
It is an entity or body in which a portion of judicial power is vested.

The Roles of the Court in the System

1. To settle actual controversies involving rights which are legally demandable and
enforceable.
2. To determine whether there has been grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch or instrumentality of the government.
3. To render authoritative judgments.
4. The final arbiter for justice.
5. The frontline of Democracy, freedom and human dignity.
6. The only institution capable of identifying and maintaining the proper balance between
the conflicting rights of the individual and those of the state and society.
7. It is to the court that everyone turns to for justice.
8. It is twisted as a shield of innocence in the impartial guardian of every private civil rights.
9. It is in the court that our citizens primarily feel the keen cutting edge of the law.
10. The only constitution capable of identifying and maintaining the proper balance between
the conflicting rights of the state and society.

In the criminal justice system the court is looked upon as:

1. the final arbiter for justice;

2. the front line defender of democracy, freedom and human dignity;
 3. the only institution capable of identifying and maintaining the proper balance between the
conflicting rights of the individual and those of the state and society; and
4. it is to the courts that everyone turn to for justice.

Three Important Functions of Courts

1. Resolve disputes that while offer routine are crucial to those involved
2. Provide protection from illegal actions by government and individuals Page | 14
3. Occasionally resolve disputes of great political and social significance

Meaning of Judge

A judge is public officer so named in his commission (written evidence of appointment

and appointed to preside over and to administer the law in a court of justice.
Court and Judge Distinguished

A court is an incorporeal entity composed of one or more judges. It is a personality

separate and distinct from the men who compose it. A judge alone does not necessarily
constitute a court, for while he is an indispensable part he is only a part of the court. It is
elementary however, that a court cannot exist without a judge.

Judicial Power

Art. VIII Sec. 1 Philippine Constitution

“Judicial power shall be vested in the Supreme Court and in such inferior courts as may
be established by law.
“Judicial power includes the duty of the courts to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.”
Lower courts as here used are not to be understood in the sense of insignificant but as
referring to all other courts below the Supreme Court.

Different Lower Courts includes the following:

1. Court of Appeals
2. Regional Trial Court
3. Metropolitan Trial Court
4. Municipal Trial Courts
5. Municipal Circuit Trial Courts
6. Court of Tax Appeals
7. Sandiganbayan

Jurisdiction Defined
The authority by which courts take cognizance of and decide cases, the legal right by
which judges exercise their authority.
Inherent power of a court to hear, try and decide a case.

Jurisdiction of Courts

1. General
When it is empowered to decide all disputes which may come before it, except those
designated to other courts. (Ex. Jurisdiction of RTC);
2. Limited
When it has authority to hear and determine only a few specified cases. (Ex.
Jurisdiction of the Court of Tax Appeals);
 3. Original
When it can try and decide a case presented for the first time;
4. Appellate
When it can take a case already heard and decided by a lower court removed from it
by appeal;
5. Exclusive
When it can try and decide a case which cannot be presented before any court; Page | 15
6. Concurrent
When any one of two or more courts may take cognizance of a case;
7. Criminal
That which exists for the punishment of crime; and
8. Civil
That which exists when the subject matter is not of a criminal case.

Organization of Courts

A. Regular Courts

The Philippine Judicial System consists of a hierarchy of courts resembling a pyramid

with the Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980, otherwise
known as the Batas Pambansa Blg. 129, the other regular courts are:

1. Intermediate Appellate Court (Now Court of Appeals)

This operates in ten divisions, each comprising of five (5) members. The court sits en
banc only to exercise administrative, ceremonial, or other non-adjudicatory functions.

2. Regional Trial Courts.

One which is presided by 720 Regional Trial Court Judges in each of the thirteen (13)
regions of the country.

3. Metropolitan Trial Courts

In each metropolitan area, established by law are a Municipal Trial Court in every city
not forming a part of the Metropolitan area and each of the municipalities not
comprised within a metropolitan area; as well as a Municipal Trial Court in each area
defined as a municipal circuit comprising of one or more cities and/or one or more
municipalities grouped together according to law.

B. Special Courts
Aside from the above-mentioned courts, there are also under present laws some special
courts. These are the following:

1. Court of Tax Appeals

Created under Republic Act No. 1125, as amended, this special court has
exclusive appellate jurisdiction to review on appeal the decisions of the Bureau of
Internal Revenue involving internal revenue taxes and decisions of the Commissioner
of Customs involving customs duties.

2. Sandiganbayan
The Sandiganbayan is retained by the new Constitution under the following provision
in Article XI, Sec. 4:

“Sec. 4. The present anti-graft court known as the Sandiganbayan shall continue
to function and exercise its jurisdiction as now or hereafter may be provided by law.”
 The basic rule was embodied in Art. XIII, Sec. 5 of the 1973 Constitution, which
called for the creation by the Batasang Pambansa of a special court to be known as the
Sandiganbayan. The term is a tagalog word meaning, “support of the nation.”

The 1973 Constitution provided that the Sandiganbayan “shall have jurisdiction
over civil and criminal cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those government- Page | 16
owned or controlled corporations, in relation to their office as may be determined by
law.”

Under P.D. 1606, as amended, the Sandiganbayan consists of a presiding justice

and eight associate justices and has the same rank as the Court of Appeals. It sits in
division of three justices each, who shall be necessary to constitute a quorum and
whose unanimous vote shall be required for the pronouncement of the judgment. Its
decision may be brought on certiorari to the Supreme Court.

C. Administrative Agencies

An Administrative Agency may be described as a body endowed with quasi-legislative

and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for
enforcement or execution.

Administrative Agencies includes:

1. National Labor Relations Commission
2. Commission on elections
3. Bureau of Internal Revenue
4. Bureau of Customs
5. Board of Transportation
6. Commission on Audit
7. Energy Regulatory Board
8. Civil Service Commission

Quasi-Judicial Power
The power of the administrative agency to determine questions of fact to which the
legislative policy is to apply, in accordance with the standards laid down by the law itself.
 UNIT V
CORRECTIONAL INSTITUTIONS AND THE COMMUNITY

Specific Objectives: At the end of the unit, the students should be able to:
1. characterize jail and give its importance and purpose;
2. explain the Philippine prison system and its goals and objectives;
3. appraise the rehabilitation and treatment program inside the prison; Page | 17
4. depict the community based treatment programs.
5. exemplify the role of correction in the Criminal Justice System.

Correction, Defined

Correction is a branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders.

Correction as Process

Correction as a process is the reorientation of the criminal offender to prevent him or her
from repeating his delinquent actions without the necessity of taking punitive action but rather
introduction of individual measures of reformation.

Correction as one of the pillars of the Criminal Justice System is considered as the
weakest pillar. This is because of its failure to deter individuals in committing crimes as well as
the reformation of inmates. This is evident in the increasing number of inmates in jails or prisons.

Basic Approach Institutions

The primary concern of penology is what to do with the prisoner. An old approach to this
fundamental call for his elimination, or at least his banishment and isolation from society. But the
era of purely vindictive societal reaction has given way to the humane treatment of criminal
offenders resulting in the present day policy of rehabilitation and reformation.

In this connection, there are three main schools of thought or approaches with regard to
the treatment of criminals. These schools are better known as the 1) Classical, 2) Neo-Classical,
and 3) Positive or Italian.

Definition of Terms

Penology, defined

It is the study of punishment for crime or of criminal offender. It includes the study of
control and prevention of crime through punishment of criminal offenders.

It is actually the division of criminology that deals with prison management and the
treatment of offenders, and concerned itself with the philosophy and practice of society in its effort
to repress criminal activities.

Jails, defined

Jails are primarily adult penal institutions used for the detention of law violators. Its
original function was to house pre-trial detainees or to serve as a place for the detention of
accused persons charged with having committed crimes. The detention was either for the
accused person’s safety and security, or to secure him for expeditious legal proceedings by the
court. Later it came into use for the service of short-term sentences. Today it continues its dual
role as a place of detention for those awaiting final disposition of criminal cases action and for the
service of short sentences of not more than six months, for those categorized as city or municipal
prisoners, and not more than 3 years or with a fine of not more than 1 thousand pesos, for those
categorized as provincial prisoners.

A jail is a place for locking-up of persons who are convicted of minor offenses or felonies
who are to serve a short sentences imposed upon them by a competent court, or for confinement
of persons who are awaiting trial or investigation of their cases.
Page | 18
Prison, defined

A penitentiary, an institution for the imprisonment of persons convicted of major or

serious crimes.

A building usually with cells or other places established for the purpose of taking safe
custody or confinement of criminals.

Prisoner, defined

A person who is under the custody of lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom.

Importance of Jails

No layman would or may be able to appreciate the importance of jails, unless and until he
has once stayed there for violation of any law or local ordinance. Jails are intended for the
purpose of letting one pay for the crime he committed, or to serve as form of punishment of sorts,
but to enable a wrongdoer to be reformed and rehabilitated so that after his release he will
become a law abiding and useful citizen of the community.

Jails will serve as a deterrent as well to a would-be non-conformist to the rules of society.
The first experience of an offender is impressive and lasting. The treatment that he receives from
the jail guards or maybe from his co-inmates may spell his early rehabilitation or may make him a
hardened criminal.

General Classification of Prisoners

1. Detention Prisoner
Those detained for investigation, preliminary investigation or awaiting trial.

2. Sentenced Prisoner
Offenders who are committed to the jail or prison in order to serve their sentence after final
conviction by a competent court.

3. Prisoners who are on safekeeping

Includes non-criminal offenders who are detained in order to protect the community against
their harmful behavior.

Classification of Sentenced Prisoners

1. Insular or National Prisoners

Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
Those sentenced to suffer a term of imprisonment cited above but appealed the judgment
and unable to file a bond for their temporary liberty.
 2. Provincial Prisoners

Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3
years or a fine not more than 1,000 pesos, or both; or those detained therein waiting for
preliminary of their cases cognizable by the RTC.

3. City Prisoners Page | 19

Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more
than 1,000 pesos or both. Those detained therein whose cases are filed with the MTC.
Those detained therein whose cases are cognizable by the RTC and under Preliminary
Investigation.

4. Municipal Prisoners

Those confined in Municipal Jails to serve an imprisonment from 1 day to 6 months. Those
detained therein whose trials of their cases are pending with the MTC.

The Three Aims of Correctional Reforms

“For the first time in the concept of Philippine Criminal Justice System, the following are
the three aims of correctional reforms, to wit”:

1. To provide judges with more options to deal with offenders through the use of probation,
day fines, commitment to community treatment centers, pre-trial release, and other
measures short of imprisonment.
2. Improving condition in prisons and jails, including decongestion, improved housing, more
effective medical, educational, vocational training, and rehabilitation program services.

3. Establishing an integrated correctional system that will insure the development of a

unified philosophy of treatment, implementation of uniform standards and policies,
effective programs planning and development, and efficient delivery of services to
offenders while at the same time protecting the interest and welfare of society.

REHABILITATION AND TREATMENT PROGRAMS

Rehabilitation programs of prisoners can be carried out through the process of

classification and custody and control of prisoners. Classification is more than placing prisoners in
to types of categories, while custody and control of prisoners are important phases of prison
management. Treatment services, on the other hand, are geared toward improving an offender’s
attitudes and his philosophy of life.

In the modern concept of penology, a correctional institution in order to be an effective

machinery in the prevention and control of crime should see to it that its program is geared to
protect society and at the same time to rehabilitate the offender. Although this may entail a long
range program of rehabilitation, it is important nonetheless because its success will mean
sending the offender back to the community as useful and law-abiding citizen for the rest of his
life.

Process of Classification

Classification is method by which diagnosis, treatment, planning and execution programs

are coordinated in the individual cases. Its objectives are the development of an integrated and
realistic program for the prisoner, arrived at through the coordination of the diagnosis, planning
and treatment activities; and an informed continuity of these activities from the time of the arrival
to the release of the prisoner.
 For this purpose, the following are the three phases of the classification process,
namely:

1. Diagnosis
2. Treatment planning
3. Execution of treatment program
Page | 20
The first take place at the reception center, which is a special unit separate from the
prison, or in the classification clinic of the prison. The third takes place is the operating institution or
prison.

It is necessary that prisoners should undergo a diagnostic examination, study and

observation for the purpose of determining the program of treatment and training best suited to their
needs and institution to which they should be transferred. These process take place in the
Reception and Diagnostic Center.

The Reception and diagnostic center makes possible the careful study of offenders by a
professional staff, the segregation of prisoners o scientific methods, the treatment of inmates based
upon a careful study of the individual inmate at the time of commitment, the improvement of
institutional programs or a close study of the inmates’ characteristics and needs made at the center,
and the development of delinquency or crime.
The Reception Center is specialized diagnostic institution designed to service a big
correctional system. It is not a treatment center. In order that the center can accomplish the
purpose for which it is intended, the following basic elements must exist in the correctional system:

1. There must be a sufficient number and variety of institutions or treatments or treatment

facilities available to permit placement of each individual in accordance with his treatment
and training needs:
2. There must be and integration of plan and program including the reception center,
treatment facilities in the prison and parole placement and supervision;
3. The public must be educated to accept the basic concept of treatment as opposed to
mere punishment;
4. There must be a sound philosophy of treatment and training throughout the entire
correctional system;
5. There must be good facilities and personnel.
Custody and control of prisoners

One of the important phases of prison management. The rehabilitation program in prison
cannot be carried out if prisoners are not effectively controlled.

Programs and Services Provided by Prison Authorities Includes the Following:

1. Employment of Prisoners

2. Religious Services
Most penal administrators hold the view that the chaplain is the most important person in the
rehabilitation set-up of correctional institution. It is the chaplain who points out to the
prisoners their relationship with God and their fellowmen.

3. Educational program

4. Recreational Program
Recreational programs of any form will do away with the monotony of prison life.
 5. Library Services
Prisoners may be deprived of the liberty of a free man, but not the food of their minds. For
somehow, reading materials of good kind may reform a prisoner’s character thereby helping
him to rehabilitate himself.

6. Health and Medical Services

Page | 21
7. Counseling
Relationship in which one endeavors to help another understand and solve his problems of
adjustment.

EXECUTIVE CLEMENCIES

Pardon
A form of executive clemency which is exercised by the chief executive. It is an act of grace
and the recipient of pardon is not entitled to it as a matter of right.

Kinds of Pardon

1. Absolute Pardon- One which is given without any conditions attached to it. The purpose
of this kind of pardon are:
a. To do away with the miscarriage of justice.
b. To keep abreast with the current philosophy, concept or practice of criminal justice
administration.
c. To restore full political and civil rights of persons.

2. Conditional Pardon- Conditional Pardon is in the form of a contract; it must first be

accepted by the pardonee before it takes effect. The pardonee is under obligation to
comply strictly with the conditions imposed therein; otherwise his non-compliance will
result to the revocation of the pardon.

Limitations of the Pardoning Power

1. Pardon cannot be extended in case of impeachment.
2. No pardon, parole or suspension of sentence for the violation of any election law,
may be granted without favorable recommendation of the commission of elections.
3. Pardon is exercised only after conviction by final judgment.

Amnesty
A general pardon extended to groups of persons and is generally exercised by the chief
executive with the concurrence of congress.

Commutation
An act of clemency by which an executive act changes a heavier sentence to a less
serious one or a longer term to a shorter term.

Purposes of Commutation
1. To break the rigidity of the law.
2. To extend parole in cases where the parole law does not apply
3. To save the life of a person sentenced to death.

Reprieve
A temporary stay of the execution of sentence.
 COMMUNITY

The prevention and control of crime is not only the sole duty and responsibility of the
government, particularly the first four components of the criminal justice system. It is as well the
duty and responsibility of the society and every member of the community.
The category of the prevention and control of crime activities includes those that appear to
have the greatest potential for reducing crime and improving the quality of life. Page | 22
This includes the following institutions:

1. The Home
The home has well been called the cradle of human personality, for in it the child forms
fundamental attitudes and habits that endure throughout his life.
a. Parental Discipline
It is commonly thought of as a means of development and maintenance of good behavior
and conduct in accordance with the norms of society. its main objective is to inculcate good
habits, attitudes and values that will make a child a law abiding and useful member of the
community. Discipline at home however is not the responsibility of the parent alone. But
rather the concern of the member of the family.
b. The Ultimate Objective of Parental Discipline
The ultimate objective of parental discipline is to develop the child’s self-respect, self-control,
self-reliance, self-discipline and not merely the ability and desire to conform to the accepted
norms and standards for individual and community life in normal society. Parental discipline
includes but is not limited to the inculcation of constructing habits, attitudes and values that
will make every child a law-abiding and useful member of the society.

2. The School
The school is in a strategic position to prevent crime and delinquency. This is so because
the school exercises authority over every child who is of school age.
It has an excellent opportunity to influence his attitudes and behavior.

3. The Church
It is the church of any denomination which points out to the faithful their relationship to God
and their fellowmen, and who by work and example, leads them to live a moral life.

4. The Mass Media

Considered the best instruments for information dissemination and the best source of
knowledge for the public. It is through the mass media and radio broadcast where public
opinions are formed, and that is where their influences lies.

The community has a two-fold role:

1. 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
offenders; and
2. It has the responsibility to participate in the promotion of peace and order through
crime prevention or deterrence and in the rehabilitation on convicts and their
reintegration to society.
 UNIT VI
THE KATARUNGANG PAMBARANGAY

Specific Objectives: At the end of the unit, the students should be able to:
1. understand the system of Barangay Justice;
2. to appreciate the role of ADR in the declogging of court dockets;
3. know the methods of ADR; Page | 23
4. identify the benefits of ADR;

A. WHAT IS THE CONCEPT OF THE KATARUNGANG PAMBARANGAY (KP)?

Conceptually, Katarungang Pambarangay (KP) is justice administered in the barangay
level. It is a system of amicably settling disputes among families in barangay levels without
judicial recourse.

B. OBJECTIVES OF KP:
1. to promote speedy administration of justice;
2. to perpetuate the time-honored tradition of settling disputes amicably for the maintenance
of peace and order;
3. to implement the Constitutional mandate, preserve and develop Filipino culture; and
4. to relieve the courts of docket congestion and thereby enhance the quality of justice
dispensation.

C. SALIENT FEATURES OF THE KP:

1. It makes barangay settlement a PRE-REQUISITE to the bringing of suit to the regular

courts of justice. This will ensure that all disputes, with certain exceptions, must go
through the conciliation process. Hence, only those that are truly irreconcilable will be
kept for formal resolution; and
2. Parties may not be represented by counsel or any one else. This is designed to make
the proceeding simple and inexpensive as to be available to all, and also facilitates
amicable settlement.

Sec. 412, RA 7160 - “No complaint, petition, action, or proceeding involving

any matter within the authority of the Lupon shall be filed for adjudication, unless
there has been confrontation between parties before the Lupon Chairman or the
Pangkat and that no conciliation or settlement has been reached as certified by the
Lupon or Pangkat Chairman unless the settlement has been repudiated by the
parties thereto.”

D. REPUBLIC ACT NO. 7160 - The Local Government Code of 1991.

E. SIGNIFICANT CONTENTS OF RA 7160 REGARDING KATARUNGANG PAMBARANGAY
Chapter VII, Sections 399-422 of RA 7160 superseded the Law on Katarungang
Pambarangay, the P.D. No. 1508.
F. LUPONG TAGAPAMAYAPA (LT)

1. Composition and constitution of the LT (Sec. 399):

a) Created in each barangay referred to as the LUPON, composed of:
1. punong barangay - chairman; and
2. ten to twenty members

“The lupon shall be constituted every three (3) years in the manner provided herein
(RA 7160).”

b) Who may be appointed member of the Lupon:

1. any person actually residing or working in the barangay,
2. not otherwise expressly disqualified by law,
 3. possessing integrity, impartiality, independence of mind sense of fairness, 4. and
reputation for probity.
c) A notice to constitute the lupon, which shall include the names of proposed members
who have expressed their willingness to serve, shall be prepared by the punong
barangay within the first 15 days from the start of his term of office. Such notice shall
be posted in three conspicuous places in the barangay continuously for a period of
not less than three (3) weeks. Page | 24
d) The punong barangay, taking into consideration any opposition to the proposed
appointment or any recommendations for appointments as may have been made
within the period of posting, shall within ten (10) days thereafter, appoint as members
those whom he determines to be suitable therefor. Appointments shall be in writing,
signed by the punong barangay, and attested to by the barangay secretary.
e) The list of appointed members shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office.
f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of settling disputes through their councils of datus or
elders, shall be recognized without prejudice to the applicable provisions of this
Code.

2. Oath and Term of Office (Sec. 400)

Upon appointment, each lupon member shall take an oath of office before the
punong barangay. He shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation, transfer of residence
or place of work, or withdrawal of appointment by the punong barangay with the
concurrence of the majority of all the members of the lupon.

3. Vacancies (Sec. 401)

Should a vacancy occur in the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall hold office only for the unexpired portion
of the term.

4. Functions of the Lupon (Sec. 402)

The lupon shall:
a) exercise administrative supervision over the conciliation panels provided herein;
b) meet regularly once a month to provide a forum for matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel members to share
with one another their observations and experiences in effecting speedy resolution of
disputes; and
c) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.

5. Secretary of the Lupon (sec. 403) - The barangay secretary shall concurrently serve as
the secretary of the lupon who shall:
a. record the results of mediation proceedings before the punong barangay;
b. submit a report thereon to the proper city or municipal courts; and
c. also receive and keep the records of proceedings submitted to him.

6. Pangkat ng Tagapagkasundo (Sec. 404)

a) There shall be constituted for each dispute brought before the lupon a conciliation
panel to be known as the Pangkat Tagapagkasundo, hereinafter referred to as the
Pangkat, consisting of three (3) members who shall be chosen by the parties to the
dispute from the list of members of the lupon.
Should the parties fail to agree on the Pangkat membership, the same shall be
determined by lots drawn by the lupon chairman.
 b) The three members constituting the Pangkat shall elect from among themselves the
chairman and the secretary.
The secretary shall:
1. prepare the minutes of the Pangkat proceedings and submit a copy of the same duly
attested by the chairman to the lupon secretary, and to the proper city or municipal
court;
2. issue and cause to be served notices to the parties concerned. Page | 25
7. Vacancies in the Pangkat (Sec. 405)
Any vacancy in the Pangkat shall be chosen by the parties to the dispute
from among the other lupon members. Should the parties fail to agree on a
common choice, the vacancy shall be filled by lot to be drawn by the lupon
chairman.
8. Character of Office and Service of Lupon Members (Sec. 406)
a) Shall be deemed as person in authority while they are in the performance of their
official duties or on the occasion thereof; and
b) They shall serve without compensation.

9. Legal Advise on Matters Involving Questions of Law (Sec. 407)

The provincial, city legal officer or prosecutor or the municipal legal
officer shall render legal advice on matters involving questions of law to the
punong barangay or any lupon or Pangkat member whenever necessary in the
exercise of his functions in the administration of the Katarungang Pambarangay.

G. OFFENSES PUNISHABLE BY RPC COGNIZABLE BY THE LUPON

1. Alarms and Scandals (Art. 155);
2. Use of False Certificates (Art. 175);
3. Concealing One’s True Name and Other Personal Circumstances (Art. 178, part 2);
4. Physical Injuries Committed in Tumultuous Affray (Art. 252);
5. Slight Physical Injuries and Maltreatment (Art. 266);
6. Other Forms of Trespass (Art. 281);
7. Other Light Threats (Art. 285);
8. Other Light Coercion or Unjust Vexations (Art. 287);
9. Some Forms of Thefts (Art. 308, par. 3, & Art. 309, par. 8)
10. Altering Boundaries or Landmarks (Art. 313);
11. Other Deceits (Art. 318);
12. Arson of Property of Small Value (Art. 323);
13. Social Cases of Malicious Mischief (Art. 328);
14. Other Mischief (Art. 329);
15. Slight Slander (Art. 358);
16. Slander by Deed Not of a Serious Nature (Art. 359);
17. Intriguing Against Honor (Art. 364);
18. Theft, Swindling or Malicious Mischief Committed or Caused by Certain Relatives,
Where There is No Criminal but Only Civil Liability.
 All these offenses are punishable by imprisonment not exceeding 30 days
and/or fine not exceeding P200.00.
 Under the New Local Government Code, all offenses punishable by at least
one (1) year imprisonment and P5,000.00 fine is now within the Jurisdiction of
the Lupon. Also cognizable by the barangay lupon (courts) are violators of
municipal ordinances which are similarly punishable as the above mentioned
offenses under the penal code.

H. OTHER CASES COGNIZABLE BY THE LUPON AND EXCEPTIONS (Sec. 408)

The Lupon of each barangay shall have authority to bring together the parties actually residing in
the same municipality or city for amicable settlement of all disputes, except:
1. Where one party is the government of any subdivision or instrumentality thereof;
 2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand Pesos (P500.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement by an Page | 26
appropriate lupon;
6. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each their differences to
amicable settlement by an appropriate lupon;
7. Such other classes of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice;
8. Any complaint by or against corporations, partnerships, or judicial entities;
9. Dispute where urgent legal action is necessary to prevent injustice from being committed
or further continued, specifically the following;
a. a criminal case where the accused is under police custody or detention,
b. a petition for habeas corpus by a person illegally detained or deprived of his
liberty or one acting in his behalf,
c. actions coupled with provisional remedies, such as preliminary injunction,
attachment, replevin and support pendente lite; and
d. where the action may be barred by the statute of limitations;
10. Labor disputes or controversies arising from employer-employee relationship (Montoya
vs. Escaño, et. al, 17 SCRA 442: Art. 228, Labor code as amended);
11. Where the dispute arises out from the Comprehensive Agrarian Reform Law (Secs. 46 &
47, RA 6657);
12. Actions to annul judgment upon a compromise which can be filed directly in court
(Sanchez vs. Tupas, 158 SCRA 459).
“The court in which non-criminal cases not falling within the authority of the
lupon under this Code are filed may, at any time before the trial, motu propio refer
the case to the lupon concerned for amicable settlement.”
I. VENUE (Sec. 409)
a) Disputes between persons actually residing in the same barangay shall be brought
before the lupon of the said barangay;
b) Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant;
c) All disputes involving real property or any interest therein shall be brought in the
barangay where the real property or the larger portion thereof is situated; and
d) Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study shall be brought in the barangay
where such workplace or institution is located.
“Objections to venue shall be raised in the mediation proceedings before the
punong barangay; otherwise, the same shall be deemed waived. any legal
question which may confront the punong barangay in resolving objections to
venue herein referred to may be submitted to the secretary of Justice or his duly
designated representative whose ruling thereon shall be binding.

J. PROCEDURE FOR AMICABLE SETTLEMENT (Sec. 410)

a) Upon payment of the appropriate filing fee, any individual who has a cause of action
against another individual involving any matter within the authority of the lupon may
complain, orally or in writing, to the lupon chairman of the barangay.
b) Upon receipt of the complaint, the lupon chairman shall within the next working day,
summon the respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for mediation of their conflicting interests. If he fails in his
mediation effort within 15 days from the first meeting of the parties before him, he shall
 forthwith set a date for the constitution of the Pangkat in accordance with the provisions
of this chapter.
c) While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods
for offenses and cause of action under existing laws shall be interrupted upon filing of the
complaint with the punong barangay. The prescriptive period shall resume upon receipt
by the complainant of the complaint or the certificate of repudiation or of the certification
to file action by the lupon or Pangkat secretary provided that such interruption shall not Page | 27
exceed 60 days from the filing of the complaint with the punong barangay.
d) The Pangkat shall convene not later than 3 days from its constitution, on the day and
hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues,
and explore possibilities of amicable settlement.
e) The Pangkat shall arrive at a settlement or resolution of the dispute within 15 days from
the day it convenes. This period shall, at the discretion of the Pangkat, be extendible for
another period which shall not exceed 15 days, except in clearly meritorious cases.

K. FORM OF SETTLEMENT (Sec. 411)

All amicable settlement shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon chairman or the Pangkat
chairman, as the case may be.

L. CONCILIATION (Sec. 412)

a) No complaint, petition, action or proceeding involving any matter within the authority of
the lupon shall be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties before the lupon
chairman or the Pangkat, and that no conciliation or settlement has been reached as
certified by the lupon secretary or Pangkat secretary as attested to by the lupon chairman
or Pangkat chairman or unless the settlement has been repudiated by the parties thereto.
b) The parties may go directly to court in the following instances:
1. where the accused is under detention;
2. where a person has otherwise been deprived of personal liberty calling for habeas
corpus;
3. where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and
4. where the action may otherwise be barred by the statute limitations.
c) The customs and traditions of indigenous cultural communities shall be applied in settling
disputes between members.

M. ARBITRATION (Sec. 41)

a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by
the arbitration award of the lupon chairman or the Pangkat. such agreement to arbitrate
may be repudiated within 5 days from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed. The arbitration award shall be
made after the lapse of the period for repudiation and within 10 days thereafter.
b) The arbitration award shall be in writing in a language or dialect known to the parties.

N. PROCEEDINGS OPEN TO THE PUBLIC (Sec. 414)

Except when a party request that the public be excluded from the proceedings in
the interest of privacy, decency, or public morals.

O. APPEARANCE OF PARTIES IN PERSON (Sec. 415)

In all proceedings, the parties must appear in person without the assistance of
counsel or representative, except for minors and incompetents who may be assisted
by their next-of-kin who are not lawyers.
P. EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION (Sec. 416)
It shall have the force and effect of a final judgment of a court upon the expiration
of 10 days from the date thereof, unless repudiation of the settlement has been made
or a petition to nullify the award has been filed before the proper city or municipal
court.
However, this shall not apply to court cases settled by the lupon under last par of
sec. 408, in which case the compromise settlement agreed upon by the parties Page | 28
before the lupon chairman or Pangkat chairman shall be submitted to the court and
upon approval thereof, have the force and effect of a judgment of said court.

Q. EXECUTION (sec. 417)

The amicable settlement or arbitration award may be enforced by execution by
the lupon within 6 months from the date of the settlement. After the lapse of such
time, the settlement may be enforced by action in the appropriate city or municipal
court.

R. REPUDIATION (Sec. 418)

Any party to the dispute may within 10 days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn
to before him, where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided.

S. TRANSMITTAL OF SETTLEMENT AND ARBITRATION AWARD TO THE COURT (Sec.

419)
The secretary of the lupon shall transmit the settlement or arbitration award to
the appropriate city or municipal court within 5 days from the date of the award or
from the lapse of the ten-day period or repudiating the settlement and shall furnish
copies thereof to each of the parties to the settlement and the lupon chairman.

T. POWER TO ADMINISTER OATHS (Sec. 420)

The punong barangay as chairman of the lupon and the members of the Pangkat
are hereby authorized to administer oaths in connection with any matter relating to all
proceedings in the implementation of the katarungang pambarangay.

U. ADMINISTRATION: RULES AND REGULATIONS (Sec. 421)

The city or municipal mayor, shall see to the efficient and effective
implementation and administration of the Katarungang Pambarangay. The Secretary
of Justice shall promulgate the rules and regulations necessary to implement this
Chapter.

V. APPROPRIATIONS (Sec. 422)

Such amount as may be necessary for the effective implementation of the Katarungang
Pambarangay shall be provided for in the annual budget of the city or municipality concerned.
 UNIT VII
RESTORATIVE JUSTICE

Introduction

Restorative Justice is commonly known as a theory of criminal justice that focuses on

crime as an act by an offender against another individual or community rather than the state. Page | 29
Dialog between the offending person and the person who has been harmed is a central process
within restorative justice. The person who has harmed takes responsibility for their actions and
the person who has been harmed is able to take a central role in the process, in many instances
receiving an apology and reparation directly or indirectly from the person who has caused the
harm through the use of a mediator or facilitator.
Restorative justice is a theory of justice that emphasizes repairing the harm caused or
revealed by criminal behavior. It is best accomplished through cooperative processes that include
all stakeholders.

Practices and programs reflecting restorative purposes will respond to crime by:
1. identifying and taking steps to repair harm,
2. involving all stakeholders, and
3. transforming the traditional relationship between communities and their governments in
responding to crime.
Some of the programs and outcomes typically identified with restorative justice include:
Victim offender mediation
Conferencing
Circles
Victim assistance
Ex-offender assistance
Restitution
Community service

Three principles form the foundation for restorative justice:

1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to
participate fully in the response if they wish.
3. Government's role is to preserve a just public order, and the community's is to build and
maintain a just peace.

Restorative programs are characterized by four key values:

1. Encounter
Create opportunities for victims, offenders and community members who want to do
so to meet to discuss the crime and its aftermath
2. Amends
Expect offenders to take steps to repair the harm they have caused
3. Reintegration
Seek to restore victims and offenders to whole, contributing members of society
4. Inclusion
Provide opportunities for parties with a stake in a specific crime to participate in its
resolution

Applications of Restorative Justice:

Restorative justice takes many different forms, but all systems have some aspects in
common. In criminal cases, victims have an opportunity to express the full impact of the crime
upon their lives, to receive answers to any lingering questions about the incident, and to
participate in holding the offender accountable for his or her actions. Offenders can tell their story
of why the crime occurred and how it has affected their lives. They are given an opportunity to
make things right with the victim—to the degree possible—through some form of compensation.
 In social justice cases, impoverished people such as foster children are given the
opportunity to describe what they hope for their futures and make concrete plans for transitioning
out of state custody in a group process with their supporters
In criminal cases, types of compensation include, but are not limited to: money, community
service in general, community service specific to the deed, self-education to prevent recidivism,
and/or expression of remorse.
In the courtroom, the process might look like this: For petty or first-time offenses, a case Page | 30
may be referred to restorative justice as a pretrial diversion, with charges being dismissed after
fulfillment of the restitution agreement. In more serious cases, restorative justice may be part of a
sentence that includes prison time or other punishments.
In the community, concerned individuals meet with all affected parties to determine what
the experience and impact of the crime were for all. Those called out for offenses listen to others'
experiences first, preferably until they are able to reflect and feel what those experiences were for
the others. Then they speak to their experience: how it was for them to do what they did. A plan is
made for prevention of future occurrences, and for the offender to heal the damage to the injured
parties. All agree. Community members hold offender accountable for adherence to the plan.

Restorative Justice Processes

Victim-Offender Mediation
Victim-offender mediation, or VOM (also called victim-offender dialogue, victim-offender
conferencing, victim-offender reconciliation, or restorative justice dialogue), is usually a face-to-
face meeting, in the presence of a trained mediator, between the victim of a crime and the person
who committed that crime. This system generally involves a small number of participants, and
often is the only option available to incarcerated offenders, due to limits on visitors. VOM
originated in Canada where it formed part of an alternative court sanction in a 1974 Kitchener,
Ontario case involving two accused vandals who met face-to-face with their many victims.

Family Group Conferencing

Family group conferencing (FGC) has a much wider circle of participants than VOM. In
addition to the primary victim and offender, participants may include people connected to the
victim, the offender’s family members, and others connected to the offender (for example, friends,
and professionals). FGC is often the most appropriate system for juvenile cases, due to the
important role of the family in a juvenile offender’s life.

Restorative or Community Conferencing

Restorative Conferencing has a much wider circle of participants than VOM. Restorative
conferences, which have also been called restorative justice conferences, family group
conferences and community accountability conferences, originated as a response to juvenile
crime.
A conference is a structured meeting between offenders, victims and both parties' family
and friends, in which they deal with the consequences of the crime and decide how best to repair
the harm. Neither counseling nor a mediation process, conferencing is a victim-sensitive,
straightforward problem-solving method that demonstrates how citizens can resolve their own
problems when provided with a constructive forum to do so.

Conferences provide victims and others with an opportunity to confront the offender,
express their feelings, ask questions and have a say in the outcome. Offenders hear firsthand
how their behavior has affected people. They may begin to repair the harm by apologizing,
making amends and agreeing to financial restitution or personal or community service work.
Conferences hold offenders accountable while providing them with an opportunity to discard the
"offender" label and be reintegrated into their community, school or workplace.

Participation in conferences is voluntary. After it is determined that a conference is

appropriate and offenders and victims have agreed to attend, the conference facilitator invites
others affected by the incident–the family and friends of victims and offenders. In some cases, if a
victim is unwilling to participate in a face-to-face meeting, he may make a written statement to be
used in the conference, or a surrogate victim may take his place.

The conference facilitator sticks to a simple script and keeps the conference on focus, but
is not an active participant. In the conference the facilitator asks the offenders to tell what they did
and what they were thinking about when they did it. The facilitator then asks victims and their
family members and friends to tell about the incident from their perspective and how it affected Page | 31
them. The offenders' family and friends are asked to do the same.

The Aims of Restorative Justice

Restorative justice is concerned with healing victims' wounds, restoring offenders to law-
abiding lives, and repairing harm done to interpersonal relationships and the community. It seeks
to involve all stakeholders and provide opportunities for those most affected by the crime to be
directly involved in the process of responding to the harm caused.
A central premise of restorative justice is that victims, offenders, and the affected
communities are all key stakeholders in the restorative process. Victims include not only those
directly affected by the offense, but also family members and members of the affected
community. The safety, support, and needs of these victims are the starting points for any
restorative justice process. Thus a primary objective is to attend to victims' needs: material,
financial, emotional, and social. Addressing these needs and the needs of the community is
necessary if public demands for severe punishment are to be quelled.
This requires the assumption that crimes or violations are committed against real
individuals, rather than against the state. Restorative justice, therefore, advocates restitution to
the victim by the offender rather than retribution by the state against the offender. Instead of
continuing and escalating the cycle of violence, it tries to restore relationships and stop the
violence.
A restorative justice process also aims to empower victims to participate effectively in
dialogue or mediation with offenders. Victims take an active role in directing the exchange that
takes place, as well as defining the responsibilities and obligations of offenders. Offenders are
likewise encouraged to participate in this exchange, to understand the harm they have caused to
victims, and to take active responsibility for it. This means making efforts on their parts to set
things right, to make amends for their violations, by committing to certain obligations, that may
come in the form of reparations, restitution, or community work. While fulfilling these obligations
may be experienced as painful, the goal is not revenge, but restoration of healthy relationships
between individuals and within communities that have been most affected by the crime.
Restorative justice is a forward-looking, preventive response that strives to understand
crime in its social context. It challenges us to examine the root causes of violence and crime in
order that these cycles might be broken. This approach is based on the assumption that crime
has its origins in social conditions, and recognizes that offenders themselves have often suffered
harm. Therefore, communities must both take some responsibility for remedying those conditions
that contribute to crime and also work to promote healing.
Healing is crucial not just for victims, but also for offenders. Both the rehabilitation of
offenders and their integration into the community are vital aspects of restorative justice.
Offenders are treated respectfully and their needs are addressed. Removing them from the
community, or imposing any other severe restrictions, is a last resort. It is thought that the best
way to prevent re-offending is re-integration.
The justice process in this way strengthens the community and promotes changes that
will prevent similar harms from happening in the future. It is generally thought that restorative
justice should be integrated with legal justice as a complementary process that improves the
quality, effectiveness, and efficiency of justice as a whole. Because they focus on the needs of
the victim, the offender, and the community, restorative processes can help to determine how the
law should be applied most fairly.