Characteristics of the Criminal Justice System

Important attributes characterize the workings of the Criminal Justice System

1. Discretion;
2. Resource Dependence;
3. Sequential task; and
4. Filtering

Discretion

- At all levels of the justice process, officials exercise a high degree of discretion. The ability
to act according to ones own judgment and conscience.

For Example:

Police officer - decide how to handle a line situation

Prosecution decide what charges to file against the accused.
Judges decide how long a sentence will be
Parole board decide when an offender should be released from prison

The fact that discretion exist throughout the criminal justice system may seem odd given that our
country is ruled by law and has created procedures to ensure that discretion are made in
accordance with that law. However, instead of a mechanical system in which law preempts
human decision making, criminal justice system is a system, in which the participants may
consider a wide variety of circumstances and exercise many options as they dispose the case.

Two primary arguments frequently used to justify discretion in the criminal justice system.

a) Discretion is needed because the system lacks the resources to treat the case in the same
fashion. If every violation of the law were pursuit though trial the cases would be
staggering.
b) Many officials in the system believe that discretionary authority permits them to achieve
greater justice than rigid rules would produce
Resource dependence

- Criminal justice agencies generally do not generate their own resources operating
funds, staff and equipment but depend on others for them.

Therefore- criminal justice actors police chiefs, prosecutors, judges frequently must cultivate
and maintain good relationship with people responsible for the allocation of resources that is
political decision makers (legislations, mayors, city councilor members etc.)

Because the budgetary decision makers are elected officials seek to please the public. Criminal
justice officials must also maintain a positive image and good a relation to voters.

For example

If the police enjoy strong public support, then the mayor will be reluctant to reduce the law
enforcement budget. In maintaining positive public relations criminal justice officials inevitably
seek favorable coverage from local news media. Since the media often provide crucial link
between government agencies and the public. Criminal justice officials may publicize notable
achievement while simultaneously seeking to limit or control publicity about controversial cases
and decision.

Sequential Tasks

- Decisions on Criminal Justice system are made in a particular system, the police must
made an arrest before defendant are passed to the prosecution, whose decision
ultimately determine the nature of the workload for courts and corrections. Officials
cannot achieve their objectives by acting out of sequence.

For example, prosecutors and judges cannot punish anyone who has not already passed through
the decision-making stages administered by the police, prosecution, and courts. Obviously, the
sequential nature of the system is a key element in the exchange relationships that characterize
the interactions of decision makers who depend on each other to achieve their respective goals.
Thus, the system is highly interdependent.

Filtering

- The criminal justice system may be viewed as a filtering process through which cases
are screened. At each stage, some defendants are sent on to the next stage of decision
making while others are either released or processed under changed conditions. It
should be noted that very few suspects arrested by the police are prosecuted tried,
and convicted. Some go free because the police decide that a crime has not been
committed or that the evidence is not sound. The prosecutor may drop charges by
deciding that justice would be better serve by diverting the suspect to a substance
abuse clinic. Large numbers of defendants will plead guilty, the judge may dismiss
charges against others, and the jury may acquit a few defendants. Most of the
offenders, who are actually tried, however, will be convicted. Thus, the criminal
justice system is often described as a funnel into which many cases enter but only a
few results in conviction and punishment.

The administration of criminal justice may be viewed as having goals that are antagonistic to due
process. Decision concerning the disposition of cases is influenced by the selective nature of the
filtering process in which administrative discretion and interpersonal exchange relationships are
extremely important. At each decision-making level, actors in the judicial system are able to
determine which types of crime will come to official notice, which kinds of offenders will be
processed, and how enthusiastically a conviction will be sought. It is in these day-to-day process
and policies of criminal justice agencies that the law is put into effect, and it is out of this activity
that organizations and individuals shape the law.
 Crime and Society in the Philippines

Criminologists have accepted that criminalistics tendencies and behavior could be

influenced by social conditions. This one factor seems to account largely for the crime rate
invariably associated with some contributing factors such as economic, cultural influences,
environment, social conditions and individual personal temperaments. Crime committed
irrespective of the individuals personal circumstances is an uncontrollable force resulting from
the advancement of social life at a given and place. The ordeal for survival and a financially
unstable family often results in crimes against property, against persons, hold up, kidnapping,
prostitution, and estafa. Rarely is there a case of crime committed on the basis of mental
conditions and a lack of education and instruction.

Individual personal temperaments influenced and motivated by revenge and hatred leads
to crimes of passion. Filipinos value life, but this has been greatly negated by temperaments.
Geographically speaking, the Philippines is in the tropic zone and theoretically Filipinos are hot-
blooded people with very volatile temperaments/ the cold season does not seem to affect the
Filipino temperament, but sometimes climatic conditions have little to do with the criminal
propensity of the Filipino people.

Summer and the rainy season show no difference in crimes rates as they are almost of
the same level irrespective of the locality of the country. For instance, political offenses, or crimes
against national security- rebellion, insurrection, and sedition are apparent in some Filipinos,
especially in some Muslim brothers, who often exhibit inclinations to overthrow the duly
constituted government. Sexual offenses ranging from rape, abduction, acts of lasciviousness,
and prostitution are prevalent in different localities of the country. The reason for this may be
traced to the concept that in the Philippines, the criminal behavior of its people is greatly affected
by their poor economic and social conditions, thus, making the act a social phenomenon. Where
there is no economic stability, there is no peace and order in the hungry. Thus, the improvement
of the economic conditions for every Filipino has been emphasized and has always been given
priority from among the projects in the program of the government.
OTHER BASIC CAUSES OF CRIME.

The ideas that have been presented in the proceeding paragraphs are the most basic
causal factors. Authorities in the field of law enforcement and public safety have proven that
certain things cause crimes. Some of the principal reasons for anti-social behavior on the part of
juvenile and adult delinquents are the following:

1. Hatred
Some individuals develop a violent hatred for one reason or another. This hatred
may ultimately result in some act of violence. The normal or well-adjusted person can
control hatred. Others, because of their mental make-up, cannot control hatred which
in all likelihood would result in an act of violence against another.
2. Passion
All persons are born with the same general desires and passions. It is the manner
in which they control theses passions that will determine whether or not they will
resort to criminal activity or will live a normal life. Whether or not a person is able to
control his passion will depend upon his early training and the influence of his home.
3. Personal gain
It is normal for a person to desire to improve his life, and to work hard to provide
a better if not abundant life for himself and his family. Most people do strive hard and
reach their goals and objective in life through legal and legitimate means. However,
some elements of society will attempt through fraud and in an unlawful manner to
enrich themselves at the expense of others. Their aim in life is to get rich quick with
the least effort and time.
4. Insanity
From among the member of the society, there are those who are born mentally
abnormal and are, therefore, not governed by their own free will. They cannot
distinguish good from evil, so to speak. These persons are more to be pitied than
censured. They have no control over their physical wants, and are not aware that what
they have done is wrong.
5. Revenge
This literally means to retaliate. This is what most people feel and think of when
others have committed acts detrimental to them or to the interest of their loved ones.
They feel that in some way they should take revenge or take the law into their own
hands. Revenge or retaliation is the manifestation of uncontrollable impulses by one
against another who has offended him.
6. Unpopular laws
Laws or ordinances which are ambiguous, that are fraught with meanings, or
which attempt to regulate and/or control human behavior contrary to the wishes of
the people are known as unpopular laws or ordinances which people would rather
choose to break or disobey. How this can happen may be illustrated by what is now
popularly known as masiao, or illegal Jai-Alai betting. By nature, man wants to take
all the chances and opportunities for improvement and advancement. Somehow, if
he fails in his first attempt, he would think and strive hard a second time, win or lose.
Of course to win in order to succeed is foremost in his mind, regardless of the
consequences. Thus, the law on illegal betting is contrary not only to the wishes of the
lower class of society to augment their meager income as ordinary wage earners but
also to those in the higher level income groups. It is unnatural for people to be
deprived of their wishes to seek improvement. Despite the law, therefore, the Filipino
people continue to engage in illegal gambling. In some parts of Mindanao for instance,
after the government attempted to outlaw Masiao or illegal Jai-Alai betting, people
adopted some other form of illegal gambling.
Social and Governmental Control of Human Conduct

It can be said that social customs are as effective as the laws of the country in the
controlling human conduct. Social customs are unwritten rules of acceptable forms of personal
and group behavior. The disregard for one of these rules of conduct which can result in the
ostracism of the offender is something that most people will certainly avoid a all cost. One
example of a social custom is the practice of men rising from their seats and standing when a
woman enters a room, and remained standing until she either seats herself or leaves the room.
It would be considered rude for a man to remain seated, and he would probably not be invited
to participate in future social gatherings with this group.

A violation of the rules of conduct causes a person to be set apart socially, so he finds that
he must either conform to the rules or become a social outcast.

There will always be a certain percentage of people who will not conform to social
customs and will not conform to the laws intended to prevent unnecessary annoyance of other
people and to prevent criminal acts against others. For these people who choose not to conform,
the police are required. In effect, a custom established by the majority of the people will assist
the police in the enforcement of the laws.

The concept of the Philippine Criminal Justice system

The prevention and control of crime and juvenile delinquency are not the sole task of the
government, much less the agency of the criminal justice system alone. Questions of a major
policy for achieving the objectives and ideals of the prevention and control of crime and
delinquency, undoubtedly, require the coordination of effort and teamwork not only among the
police, prosecution, courts and correctional agencies but the active participation of the
community as well, thus, the birth of the so called Criminal Justice System in the Philippines. An
idea of systematic criminal Justice planning could serve as an avenue for the development of
inter-agency coordination in the area of prevention and control of crime delinquency. The
Philippine Criminal Justice System is the sum total of instrumentation which a society uses in the
prevention and control of crime and juvenile delinquency. Its operation includes but is not limited
to.

1. Preventing the commission of crimes;

2. Enforcing the law;
3. Protecting life, individual rights and property;
4. Removing dangerous persons from the community;
5. Deterring people from indulging in criminal activities;
6. Investigating, apprehending, prosecuting and imposing penalty upon whose who
cannot be deterred from violating the rules and society; and
7. Rehabilitating offenders and returning them to the community as law-abiding and
useful citizens of the society.

In its inception, the system has four separate, formally organized components, namely:
the police, prosecution, courts, and corrections. However, in view of the important role
of society in achieving the systems ideals and objectives, the community has been
included and considered as the fifth component of the entire criminal justice system, it
being the basic element and pivoting factor in the existence of any form of government.
For without the support of the community through the active participation of its
individual members therein, the system itself will not succeed. According to Ulrich, In
any organization, it is not the organizational chart, but men who do the work. Thus,
individuals, private groups and public entities, when performing related criminal justice
activities, become part of the system. In other words, from the sovereign Filipino people
who are the sources of the fundamental laws and statues of the land government, all
become parts of the system while g in activities directly or indirectly related to the
prevention and control of rime and juvenile delinquency.
 Katarungang Pambarangay

The creation of Katarungang Pambarangay is the positive decentralization of the

governments program for the administration and operation of the criminal justice system. Its
logical implication is that minor offenses must be resolved by the community through its
Barangay Chairman or Lupon with adequate guidance from the proper authorities, not strictly
adhering to the technical procedural processes, but without sacrificing the wheel of justice.

Pre-condition to filing of Complaint in the court

Section 412. 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 CONCILIATION BY THE LUPON OR
PAGKAT CHAIRMAN OR UNLESS THE SETTLEMENT HAS BEEN REPUDIATED BY THE PARTIES
THERETO.

In effect, conciliation between parties is a pre-condition to filing of complaint in the court.

Thus, the local police station has to advise a complainant, after it has for record purposes booked
the complainant in the police blotter, to refer his or her complaint to the appropriate Barangay
Lupon, who may have jurisdiction over the dispute for possible amicable settlement. Otherwise,
the court may reprimand the police for ignorance of the law. However, in the following cases,
the parties may go directly to the court, to wit:

1) Where the accused is under detention;

2) Where a person has otherwise been deprived of personal liberty calling for
Habeas Corpus proceedings;
3) Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendent
lite; and
4) Where the action may otherwise be barred by the Statute of Limitations.
Cases or Disputes which are not the Subject Matter for amicable Settlement by the Lupon.

Under Section 408, the Lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable settlement of all disputes,
except the following:

a) Where one party is the government, or any subdivision or instrumentality thereof;

b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
c) Offenses punishable by imprisonment, or a fine exceeding one (1) year imprisonment, or
a fine exceeding P5,000.00;
d) Offenses where there is no private offended party;
e) Where the dispute involves real property located in different cities or municipalities,
unless the parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;.
f) Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate
Lupon; and
g) Such other classes of disputes which the President may determine in the interest of
Justice or upon the recommendation of the Secretary of Justice.

Appearance of parties in person before the Lupon.

Section 415, provides, In all katarungan Pambarangay proceedings, the parties must
appear in person without the assistance of counsel or representative, except for minors
and the incompetent who may be assisted by their next-of-kin who are not lawyers
Some offenses punishable under the revised penal code which are cognizable by the lupon.

1) Article 155 alarms and scandals. This is committed by:

a) Any person who, within any town or public place, shall discharge any firearm,
rocket, fire cracker, or other explosive calculated to cause alarm or danger.
b) Any persons who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;
c) Any person who, while wandering about at night or while engaged in any
nocturnal amusements, shall disturb the public peace; or.
d) Any person who, while intoxicated or otherwise, shall cause any disturbance
or scandal in public places, provided that the circumstances of the case shall
not make the provisions of article 153 (Tumults and other Disturbance of
Public Orders) applicable:

2) Article 175 Use of False Certificates.

3) Article 178 paragraph 2 Concealing ones true name and other Personal
Circumstances.
4) Article 258 Physical Injuries Committed in a Tumultous Affray.

5) Article 266 Slight Physical Injuries and Maltreatment.

a) When the offender has inflicted physical injuries which shall incapacitate the
offended party for labor from 1 to 9 days. Or shall require medical attendance
during the same period;
b) When the offender has caused physical injuries which do not prevent the
offended party from engaging in his habitual work nor required medical
attendance;
c) When the offender shall ill-treat another by deed without causing injury.
6) Article 281 Other form of Trespasses. This is committed by any person who shall enter
the closed premises or the fenced estate of another, while either of them are uninhabited,
if the prohibition to enter be manifest and the trespasser has not secured the permission
of the owner or the caretaker thereof;
7) Article 285 Other light Threats. Shall be imposed upon:
a. Any person who, without being included in the provisions of the next preceding
Article, shall threated with a weapon, or draw such weapon in a quarrel, unless it
be in lawful self-defense;
b. Any person who, in the heat of anger, shall orally threated another with some
harm not constituting a crime, and who by subsequent acts shows that he did not
persist in the idea involved in his threat, provided that the circumstances of the
offense shall not bring it within the provisions of Article 282 (Grave threats) of this
code;
c. Any person who shall orally threaten to do another any harm not constituting a
felony.
8) Article 287 Other light coercion or Unjust Vexation. This is committed by any person
who, by means of violence, shall seize anything belonging to his debtor for the purpose
of applying the same to the payment of the debt.
9) Article 308 paragraph , that is committed by any person who shall enter an enclosed
estate or a field where trespassing is forbidden or which belongs to another and without
the consent of its owner, shall hunt or fish upon the same, or shall gather fruits, cereals,
or other forest or farm products; and Article 309, paragraph 8, that is, when the value of
the thing stolen is not over P5.00, and the offender shall have acted under the impulse of
hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his
family.
10) Article 313 Altering Boundaries or Landmarks.
11) Article 318 Other Deceits. Committed by any person who, for profit or gain, shall
interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the
public in any other similar manner.
12) Article 328 Special Cases of Malicious Mischief. This is a crime committed by any persons
who shall cause damage to obstruct the performance of public functions, or using any
poisonous or corrosive substance; or spreading any infections or contagion among cattle;
or who causes damage to the property of the National Museum or National Library, or to
any archive or registry, waterworks, road, promenade, or any other thing used in common
by the public.
13) Article 329 Other Mischief.
14) Article 358 Slight Slander (Oral Defamation)
15) Article 359 Slander by Deed. Committed by any person who shall perform any act not
included and punished in this title, which shall cast dishonor, discredit or contempt upon
another person.
16) Article 364 intriguing Against Honor. Its principal purpose is to blemish the honor or
reputation of a person; and
17) Article 365, paragraph 4. Imprudence and negligence; and theft, swindling or malicious
mischief committed or caused mutually by certain relatives but where there is only civil
liability.

Also cognizable by the Lupon are violations of municipal or city ordinances which are similarly
punishable as the above-mentioned offences under the Revised Penal Code.
 Major Components of Philippine Criminal Justice System

Law Enforcement

Like all other nations of the world, the Philippines has various law enforcement agencies
to police the offices of the government. There are as many law enforcement agencies as there
are offices of the government. One of these, for example, is the Department of Finance. It has
the National Customs Police which is responsible for the enforcement and implementation of the
customs and tariff laws of the land. The department of Foreign Affairs has also its law
enforcement agency to regulate, control and enforce its laws related to its office functions and
responsibilities. The individual law enforcement agencies and many others are in one way or the
other involved in the criminal justice system. They enforce laws, and rules and regulations of the
government in accordance with their defined functions, duties and responsibilities within their
respective jurisdictions. Other law enforcement agencies like the National Bureau of
Investigation (NBI), National Police Commission (NAPOLCOM), and Philippine National Police
(PNP) have direct participation in the Criminal Justice System in the exercise of the Statutory
power of the police to maintain peace and order, protecting lives and properties of the people
and the rights of every one to have tranquility among the members of society.

The National Bureau of Investigation (NBI)

The National Bureau of Investigation (NBI) had its origin in the Division of Investigation
(DI) of the Department of Justice. Its formation was included in the provisions of Commonwealth
Act No. 181, dated November 1938. Responsible for the conceptualization and creation of the
division were the late President Manuel Luis Quezon, the late Chief Justice Jose Abad Santos and
the late Secretary of Justice Jose Yulo. It was patterned after the FBI, its organization, functions,
and objectives. In addition to its normal investigation function, it was oriented towards providing
needed assistance to other law enforcement agencies. On June 19, 1947, Republic Act No.157
created the National Bureau of Investigation. The original important functions of the NBI were
the following:
 1. To undertake investigations of crimes and other offenses against the laws of the
Philippines upon its own initiative and as public interest may require:
2. To undertake assistance, whenever properly requested, in the investigation/detection
of crimes and other offenses;
3. To give technical aid to all prosecution and law enforcement offices and entities of
the government as well as to the courts that may request its service.
4. To acts as a national clearing house of criminal data and other information for the
benefit and use of all prosecution and law enforcement entities of the Philippines, the
identification of records of all persons without criminal convictions, records of
identifying marks, characteristics, and ownership or possession of all firearms as well
as to conduct ballistic tests of bullets fired therefrom in the course of a criminal
investigation;
5. To establish and maintain an up-to-date scientific crime laboratory and to conduct
research in furtherance of scientific knowledge; and
6. To perform such other related functions as the Secretary of Justice may assign.

Republic Act No. 2678, dated 1960, expanded further and re-organized the NBI by increasing its
personnel and creating additional divisions and by establishing Regional offices. It also
established the NBI as both an investigative and a research and service agency.

1. As an agency it handles the investigation of criminal cases and under certain

circumstances, administrative and civil cases, including all forms of graft and
corruption.
2. As a service agency, for the benefit and use of all prosecuting and law enforcement
agencies of the country, it renders technical services in the field of criminalistics,
training service and record services.
3. As a research agency for furtherance of scientific knowledge and criminal
investigation, it conducts research both in the laboratory and legal fields.

In the modern concepts of organization, the National Bureau Investigation is divided into
four services, to wit:
 1. The general investigation services. This is performed by the 13 regional offices
together with 20 sub-offices organized under the Deputy Director in line with the
concept of decentralized organization for the purposes of economy and expediency
and to ease the burden of the workload and control of the NBI Director.
2. The special investigation services. This office has immediate control and supervision
over the domestics intelligence division, anti-graft division and the missing persons
division. Each division handles a specialized type of investigation, thereby relieving
the general investigation services of cases which are highly technical and specialized
in nature.
3. The general administrative services. This is concerned primarily with administrative
matters in the NBI logistics and Maintenance Division, Training Division and
Accounting Division,
4. The technical Services, This is charged with the operation of the crime laboratory, the
support services for investigative activities and other related investigative aids.

The NBI, although organized on a national level with Regional Offices, is an organic office
of the Department of Justice to aid the State Prosecutors.

Administrative Functions:

a) Regulation of non-criminal conduct, such as traffic control and management; and

b) Performing Civic Missions, such as the conduction of any person to a hospital for
immediate medication, or any other form of services which is civic in nature.
c) Perform such other duties and exercise all other functions as may be provided by law.

Police Operations
Police operations shall be under the supervision and direction of the Chief of Police.
These police operations include but are not limited to the following:
1. Prevention of crime. This activity or mission which seeks to minimize the causes of crime
requires the police to mingle with the community where criminal activities originate and
breed and where the criminalistics tendencies of individuals motivate them to indulge
anti-social behavior. This would enable the individual peace officer to understand people
and the environment in which they live. Crime prevention in essence means the
eradication of the desire on the part of the potential criminal to commit a crime.
2. Repression of Criminal activities. This emphasizes the presence of an adequate patrol
system including the continuous effort toward eliminating or reducing hazards as the
principal means of reducing the opportunities for criminal action.
3. Preservation of Peace and Order. This requires a peace office to gain the sympathy of the
community so that they may close ranks in combating crimes and any other anti-social
behavior. The community should be informed through proper education of their share
and involvement in the maintenance of peace and order in their locality.
4. Protection of lives and property. This operation of providing for the safety and
convenience of the public is analogous with that of practicing physicians. The doctor
protects life by combating disease and promoting public health through preventive
measures. The policemen insures public safety by eliminating the hazard of accidents and
by guarding the citizens against the attack of the bad elements of society. The police has
the grave obligation to preserve the citizens constitutional guarantees of liberty and
pursuit of happiness.
5. Enforcement of laws and ordinances and regulation of non-criminal conduct. This
requires a policemen to constructively integrate or enforce and implement the laws of
the land as well as local ordinances without regard to the personal circumstances of the
individual citizens and any other persons sojourning in the Philippines, in order to provide
tranquility among the members of society. This also includes the regulations of non-
criminal conduct in order to obtain the compliance of the public through education on
the dangers inherent to the disobedience of regulations. This may be made through the
use of a warning device which would inform the citizens without necessity of imposing
penalty or sanction.
6. Apprehension of Criminals. This operation defines the statutory power of every
policeman as a means of discouraging the would-be criminal of fender. The consequence
of arrest and prosecution has a deterrent affect intended to discourage crime or any
unlawful act. It also lessens repetition by causing suspects to be incarcerated, and it
provides an opportunity for the reformation of those convicted. This activity likewise
includes the recovery of stolen property in order to restrain those who are accessories to
the crime and or those benefiting from the gains of crime.
7. Prompt Execution of the Criminal Processes of the Courts. The prompt execution of
criminal processes or writs of the courts is not so much to procure the conviction of one
whom they suspect if criminal offenses, whether they are in favor of or against the
suspected person, but to presents the facts fairly and impartially to the proper court in
order that justice may be served. Thus, in the investigation of offenders, investigation
officers are in some respect officers of the court, and though they exercise no judicial
functions, they must never forget that the whole scheme of justice is founded upon the
principle of fairness, reason, and impartiality in its administration. No peace officer shall
compromise for crime nor relentlessly prosecute criminals.
8. Coordination and Cooperation with Other Law Enforcement Agencies. This activity
underscores the duty of the superior officer of any unity of the Integrated National Police
and its subordinates to establish rapport or good relationship with other law enforcement
agencies of the government whereby coordination and cooperation among them may be
established. It may be worthwhile for any police organization to remember to adopt the
view that coordination is an essential conduct of command.
9. Safeguarding Public Health and Morals. This involves many activities or missions
peripheral to basic law enforcement and public safety, such as sanitation. Search and
rescue operations, licensing, the inspection of buildings in order to determine whether or
not the Presidential Decree on Fire Prevention is strictly obeyed. Likewise it also includes
escort duties, civic actions, and many other activities related thereto.
The Police Tasks: Its Challenge and Diversity
It is generally assumed by the public that the police enforces criminal laws and
preserves peace mechanically by simply arresting anyone who has deviated from
legislative norms of acceptable behavior.
This concept of the mechanical enforcement of all criminal laws dramatically
underplays the difficulties of the police role. First, some local police stations do not
have the resources to enforce all criminal laws equally. Second, the other components
of the Criminal Justice System simply cannot cope with all law violations. Furthermore,
the police are faced with enforcing numerous laws regulating social conduct
prostitution and gambling to name a few.
Since the police are always in the front line to prevent crime, they must be
constantly alert to potential violators and must attempt to reduce the opportunity for
criminal behavior. This requires vigilance on the part of the members of the PNP, an
intuitive sense for suspicious conduct, and an understanding of human behavior.

The Philippine National Police in general and the local police stations in particular are in a better
position to draw up special programs for the prevention and control of crimes for the
following reasons:
1) They have the best national statistics on the extent scope, fluctuation and trend of crime
and delinquency.
2) Although perhaps undermanned, the police nevertheless, have more manpower than any
other component of the criminal justice system;
3) The police are the best informed regarding the methods of criminals and delinquents;
4) The police are regularly on duty twenty-four hours every day;
5) Often the police are the first to learn about crime and delinquency;
6) The police usually have the first contact with the juvenile delinquents and often with the
pre-delinquent juveniles;
7) The police usually have the most clearly defined legal power and authority to take action;
8) Usually the police are the ones who have the authority to apprehend adults engaged in
the exploitation of the youth;
9) The police have access to records which are not open to representatives of private and
unauthorized agencies;
10) In order to carry out their functions other agencies often require the assistance of the
police; and
11) Police stations are the best equipped to detect and identify individuals and most of the
conditions contributing to juvenile delinquency.

Consequently, the program of the police in the prevention and control of crime should be
based upon the recognition that police stations must give first consideration to the
protection of society and secondary consideration to the needs and privileges of the
individual. Such a program should include at least the following features:
1) They should conduct a thorough patrol and inspection of public places: plaza, playgrounds
and other places where the youth may congregate and become subject to unwholesome
influence.
2) The primary purpose of patrol and inspection activities are (a) to eradicate unwholesome
influences, to lessen the opportunity for misconduct by the presence of the police, to
enforce regulations and to apprehend persons who may be contributory factors to the
delinquency of juveniles; (b) to discover persons in need of corrective treatment; and (c)
to discover the need of prevention activities.
3) The investigation of situations in order to ascertain the facts that are essential to the
detection, diagnosis, and treatment of criminals and delinquents.
4) The active participation of the police in the broader program of the community in the
prevention and control of crime.
The Peace Officers Professional Public Relation.
The peace officers professional public relations are divided into eight categories, namely;
(1) Intra-Departmental Relations. This is made up of the peace officers relations with the
officers and men of his own department, his superiors, the station commander, as well as
the city/municipal mayor where he is assigned.
(2) Inter-Departmental Relations. Relations with other police agencies are evident in his
cooperation and dealings with the Philippine National Police and other law enforcement
agencies of the government.
(3) Citizens Relations. This includes all dealings or contacts with the citizens in relation to
enforcement of the law and maintenance of peace and order, together with the giving of
information the public on criminal and non-criminal activities.
(4) Complaints Relations. This includes how and officer deals with complaints, the
techniques of interview he uses, the manner of approach he adopts, the treatment of
witnesses as well as informers.
(5) Relations with accused Persons. This covers the proper treatment of suspects, the
recognition of their constitutional rights during custodial investigation and the handling
of accused persons during confinement
(6) Relation with State Prosecutors or Fiscals. This includes a police officers duty to
cooperate during preliminary investigations and the gathering of further evidence once
the case is filed by the fiscal.
(7) Judicial Relations. This consists of the peace officers duties toward the courts when
appearing as a witness and the honesty of his testimony.

General Rules of Official Conduct

1. Policemen shall be habitually courteous. They shall recognize responsibilities as public
servants and shall be particularly attentive to citizens who seek assistance or
information or who desire to register complaints or give evidence.
2. They shall accept their responsibility to the public by being punctual in their
engagements and expeditious in the performance of their duties.
3. They shall regard their office as a public trust, and in the discharge of their duties be
constantly mindful of their primary obligation to serve the public efficiently and
effectively.
4. They shall administer the law in a just, impartial and reasonable manner; and shall not
accord to some, more reasonable treatment than to others.
They shall recognize the limitations of their authority and at no time use the power of
their office for their own personal advantage.
5. They shall be true to their obligation as custodian of public property and shall bear in
mind that the misuse and waste of money from the public treasury is bad.
6. They shall not limit their effectiveness in the administration of their office by
accepting tokens of gratitude; or by giving preferential treatment to certain
corporations with whom they may have official dealings.
7. They shall cooperate fully with all other public officials to the end that the safety and
general welfare of the public will be assured. They shall not permit jealousies or
personal differences to influence their cooperation with other agencies.
8. They shall add to their effectiveness by diligent study and sincere attention to
improvement. They shall welcome the opportunity to disseminate practical and useful
information relating to matters of the publics safety and welfare.
9. They shall so conduct their public and private life that the public will regard them as
examples of stability, fidelity, and morality.
10. They shall bear faithful allegiance to their government and be loyal to their profession.
They shall accept as a sacred obligation their responsibility as citizens to support the
Constitution of the Philippines; and as public officials, consider the privilege of
defending the principles of liberty as defined in our Constitution and laws. The
greatest honor that may be bestowed upon any man is this.
Rights of Persons Arrested, Detained, or under Custodial Investigation; Duties of Public
Officers.

Section 2, Republic Act No, 7438, provides that Any person arrested, detained or under custodial
investigation shall at all times be assisted by counsel. In effect, the following are the
duties of public officers concerned:
1. Any public officer or employee, or anyone acting under his order or in his place, who
arrests, detains or investigates any person for the commission of any offense shall inform
the latter, in a language know to and understood by him of his rights to remain silent and
to have competent and independent counsel, preferably of his own choice, who shall at
all times be allowed to confer privately with the persons arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.
2. The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained
to him by his counsel or by the assisting counsel provided by the investigating officer in
the language or dialect know to such arrested or detained person,. Otherwise, such
investigation report shall be null and void and of no effect whatsoever.
3. Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel
or in the latters absence, upon a valid waiver, and in the presence of any of the parents,
elder brother and sister, his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him, otherwise such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
4. Any waiver by a person arrested or detained under the provision of article 125 of the
revised penal code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise such waiver shall be null and void and of
no effect.
5. Any person arrested or detained or under custodial investigation shall be allowed visits
by or conferences with any member of his immediate family, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or
by his counsel, or by a national non-government organization duly accredited by the
Commission on Human Rights or by any International Non-Government Organization duly
accredited by the office of the President. The persons immediate family shall include
his or her spouse, fianc or fiance, parent or child, brother or sister, grandparent or
grandchild or aunt, nephew or niece, and guardian or ward.
The term custodial investigation as the term used in Republic Act No. 7438, shall
include the practice of issuing an invitation to a person who is investigated in
connection with an offence he is suspected to have committed, without prejudice
to the liability of the inviting officer for any violation of law.
 Prosecution

Nature and Office of a Prosecutor

Prosecution is the process of method whereby accusations are brought before a

court of justice to determine the innocence of guilt of the accused. The prosecutor is not
just an ordinary official of the government; he is, as well an officer of the court whose
criminal responsibility under the law is to carry out the administration of the criminal
justice system through an adequate examination of the offense charged and to decide
whether or not to prosecute the individual offender, without sacrificing fairness and
justice.

In the criminal proceedings, the prosecutor has the basic responsibility of

representing the government in the courts of justice. This responsibility is based on the
principle that acts and omissions punishable by law when committed are always against
the public interest and not only against the offended individual. It is for this reason that
in criminal proceedings the caption of the case is in the name of the People of the
Philippine vs. a particular individual. If the elements of the crime alleged to have been
committed are present, it is the prosecutors ask of bringing the offender to the court
through criminal proceedings. He must see to it that an innocent party is not unfairly and
unjustly prosecuted. He must ensure that sufficient, strong and convincing evidence exist
in order to prove the guilt of the accused through the due process of law.

General Procedure

Except as provided for in section 7 hereof, no complaint or information for an offense cognizable
by the Regional Trial Court shall be filed without preliminary investigation having been first
conducted in the following manner.

a) The complaint shall state the known address of the respondent and accompanied by
affidavits of the complainant, and his witnesses as well as other supporting
 documents in such number of copies as there are respondents, plus two (2) copies for
the official file. The said affidavits shall be sworn to before any fiscal, state prosecutor,
or government official authorized to administer oath or in their absence or
unavailability, a notary public, who must certify that he has personally examined the
affiants and that he is satisfied that they voluntarily executed and understood their
affidavits.
b) If the investigating officer finds no ground to continue with the inquiry, he shall
dismiss the complaint. Otherwise, he shall issue a subpoena to the respondent,
attaching thereto a copy of the complaint, affidavits and other supporting documents
and granting him ten (10) days from receipt within which he may submit counter-
affidavits and other supporting documents. The respondent shall have the right to
examine all other evidence submitted by the complainant.
c) Such counter-affidavits and other supporting evidence submitted by the respondent
shall also be sworn to and certified as prescribed in paragraph (a) hereof and copies
thereof shall be furnished by him to the complainant.
d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits within ten (10) days, the investigating officer shall base his resolution on the
evidence presented by the complainant.
e) If the investigating officer believes that there are matters to be clarified, he may set a
hearing to propound classificatory questions to the parties or their witnesses, during
which the parties shall be afforded an opportunity to be present but without the right
to examine or cross-examine. If the parties so desire, they may submit questions to
the investigating officer which the latter may propound to the parties or witnesses
concerned.
f) Thereafter, the investigation shall be deemed included, and the investigating officer
shall resolve the case within ten (10) days therefrom. Upon the evidence thus
adduced, the investigating officer shall determine whether or not there is sufficient
ground to hold the respondent for trial.
Prosecution of Criminal Actions

All criminal actions either commenced by complaint or by information shall be prosecuted

under the direction or control of the fiscal. However, in Municipal Trial Courts or in Municipal
Circuit Trial Courts when there is no fiscal available, the offend party, any police officer or public
officer charged with the enforcement of the laws violated may prosecute the case. This authority
ceases upon the actual intervention of the fiscal or upon the elevation of the case to the Regional
Trial Court.

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse. The offended party cannot institute criminal prosecution without
including both the guilty parties, if they are both alive, nor in any case, if the offended party has
consented to the offense or pardoned the offenders.

The offense of seduction, abduction, rape or acts of lasciviousness shall not be prosecuted
except upon a complaint filed by the offended party or her parents, grandparents, or guardians,
nor in any case, if the offender has been expressly pardoned by the above-named persons, as the
case may be. In case the offended party dies or become incapacitated before she could file the
complaint and has no known parents, grandparents, or guardians, the states initiates the criminal
actions in her behalf.

The offended party, even if she were a minor, has the right to institute the prosecution for
the above-offenses, independently of her parents, grandparents, or guardians, unless she is
incompetents or incapable of doing so upon grounds other than her minority. Where the offended
party who is a minor fails to file the complaint, her parents, grandparents, or guardians may file
the same. The right to file the action granted to parents, grandparents, or guardians shall be
exclusive of all other persons and shall be exercised successively in the order herein provided,
except as stated in the immediately proceeding paragraph. No criminal action for defamation
which consists of the imputation of an offense mentioned above, shall be brought except at the
instance of and upon complaint filed by the offended party.
 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.

Judicial Power

According to Article VII Section 1 of the 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 of justice to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.

Judicial power is the power to apply the laws to contests or disputes concerning legally
recognized rights or duties between the state and private persons, or between individual litigants
in cases properly brought before the judicial tribunal. In effect, judicial power, as defined by Chief
Justice Conception, is the authority to settle justifiable controversies or disputes involving rights
that are enforceable and demandable before the courts of justice, or the redress of wrongs for
violations of such rights.

Scope of judicial power.

The judicial power which is vested in the Supreme Court and in such inferior courts as
may be established by law includes the following:

1. To pass upon the validity or constitutionality of the laws of the State and the acts of
the other departments of the government;
2. To interpret and construe them;
3. To render authoritative judgments; and
4. It also includes the incidental powers necessary to the effective discharge of the
judicial functions such as the power to punish persons adjudged in contempt.

In line with their power to adjudicate, the following provisions of the Civil Code of the
Philippines are applicable to it:

Article 8 Judicial decisions applying or interpreting the laws or the Constitution

shall form part of the legal systems of the Philippines;

Article 9 no judge or court shall decline to render judgment by reason of silence,

obscurity or insufficiency of the laws;

Article 11- customs which are contrary to law, public order or public policy shall
not be countenanced;

Article 12 a custom must be proved as a fact, according to the rules of evidence.

The aforementioned provisions show that the task of applying the law enables the
judiciary to partake in a limited way in the law-making function, given the lack of precision
in language in laws and the need to make legal norms adaptable to novel, yet delicate
situations. According to Justice Holmes, the essence of judicial functions, is to investigate,
declare and enforce liability as they stand on present or past facts and under laws
supposed already in existence. In order to do this, the judge appraises the evidence
submitted by both parties, whether oral, documentary or real.
 Jurisdiction of Courts

In the case of Herrera vs Barretto, jurisdiction is the power and authority of a court to
hear, try and decide a case.

1. General when it is empowered to decide all disputes which may come before it, except
those assigned to other courts (Jurisdiction of Regional Courts)
2. Limited when it has authority to hear and determine only a few specified cases.
(Jurisdiction of Court of Tax Appeal)
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;
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 a of a criminal offense.

Organization of Courts.

1. 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 Bilang. 129 ( Rep. Act No.
129) the other regular courts are

1. Intermediate Appellate Court (Court of Appeals) this operates in ten

(10) divisions, each comprising 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
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 nor comprised within
metropolitan area; as well as a Municipal Circuit Trial Court in each are
defined as a municipal circuit comprising of one or more cities and/or
one or more municipalities grouped together according to law.

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 Rep. Act No. 1125, as amended, this special court
has exclusive appellate jurisdiction to review on appeal the decisions of the commission
of Internal Revenue involving internal revenue taxes and decisions of the commissioner
of the Customs involving customs duties.
2. Sandiganbayan- the constitution provides that the national assembly shall create a
specialized court, popularly known as Sandiganbayan The creation was made possible
by Presidential Decree NO. 1606

Quasi-Judicial Agencies

There are administrative bodies under the executive branch performing quasi-judicial
functions, like the National Labor Relations Commission, Employees Compensation Commission,
Board of Transportation, etc. and the Independent Constitutional Commission which do not form
a part of the integrated judicial system. The same is true of the Court Martial. The authority for
the ordering of Court martial pertains to the president as commander-in-Chief, independently of
legislation to aid him properly in commanding the Armed Forces and enforcing the required
discipline.
 A. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS IN CRIMINAL CASES

Under this law, all the inferior courts below the Supreme Court with exception of
Sandiganbayan, have been abolished. In effect we now have what is called Metropolitan
Trial Courts, Municipal Circuit Trial Courts which replaced the then Municipal and City
courts.

Exclusive original jurisdiction

Section 32, subsections (1) and (2) of the Batas Pambansa Bilang. 129 prescribes the
exclusive original jurisdiction of these inferior courts over criminal cases. The following are,
to wit:
except in cases falling within the exclusive jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial courts shall exercise:
1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed
within their respective territorial jurisdictions; and
2. Exclusive original jurisdiction over all offenses punishable with imprisonment of not
exceeding four years and two months, or a fine of not more than four hundred pesos, or
both such fine and imprisonment regardless of their imposable accessory or other
penalties, including civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value, or amount thereof: Provided, however, that in
offenses involving damage to property through criminal negligence the shall have
exclusive original jurisdiction where the imposable dine does not exceed twenty
thousand pesos.

The foregoing provision apparently abolishes the old practice of the so-called concurrent
jurisdiction of the inferior courts and the trial which was then a source of conflict in the exercise
of jurisdiction.
 REGIONAL TRIAL COURTS

The regional trial courts which have taken place of the courts of First Instance, Circuit
Criminal Courts, the Juvenile and Domestic Relations and the Court of Agrarian Reforms, have
exclusive original jurisdiction over criminal cases provided under section 20 of the Batas
Pambansa Bilang 129.

Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not
with the exclusive original jurisdiction of any court, tribunal or body, except those now falling
under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be
exclusively taken cognizance of by the latter.

Along this line, the test of the jurisdiction of the Regional Trial Courts and the Inferior
Courts is the term of imprisonment and/or the fines and the amount of the accessory penalties.
The Regional Trial Courts have exclusive jurisdiction over all offenses punishable with
imprisonment exceeding four (4) years and two (2) months, or a fine exceeding Four thousand
pesos (4,000), or both such fine and imprisonment, and over offenses involving damage to
property through criminal negligence where the imposable fine exceeds twenty thousand pesos
(20,000). Excluded herein are offenses within the exclusive and concurrent jurisdiction of
Sandiganbayan.

Original Jurisdiction of the Regional Trial Courts.

Section 1 of Batas Pambansa Bilang. 129 gives the Regional Trial Courts original
jurisdiction over the following cases;

1. In the issuance of writs of certiorari, prohibition, mandamus, quowarranto, habeas

corpus, and injunction which may be enforced in any part of their respective regions; and
2. In actions affecting ambassadors and other public ministers and consuls.
 COURT OF APPEALS

The now court of appeals under section 9(3) of the Batas Pambansa Bilang. 129
which takes place of the intermediate appellate court has exclusive jurisdiction over all
final judgment, decisions, resolutions, orders or awards of the Regional Trial Courts,
including criminal cases as well.
The increased appellate jurisdiction also of the Court of Appeals corresponds to
the cases in which the decisions and final orders heretofore appealable directly to the
Supreme Court are now vested exclusively in said court. Stated otherwise, the span of
authority of the Supreme Court of exclusive appellate jurisdiction is now vested in and
added to the Court of Appeals.
In view of this, the appellate court has now the power to try cases and conduct
hearings, receive evidence and perform any and all acts necessary to resolve factual issues
raised in cases falling with its original an appellate jurisdiction, including the power to
grant and conduct new trial or further proceedings.

Original jurisdiction
From among the original jurisdiction of the Court of Appeals, namely the power
to issue writs of mandamus, prohibition, certiorari, habeas corpus, and all other auxiliary
writs and processes in aid of its appellate jurisdiction, the authority to issue the writ of
injunction has been eliminated under section 9(1) of the Batas Pambansa Bilang. 129. The
reason for the deletion may be attributed to the fact that the injunction contemplated in
section 30 of Rep Act. No 296 has reference to a writ of preliminary injunction as
provisional remedy, and not as an independent civil action.
 SUPREME COURT
Original Jurisdiction
The original jurisdiction of the Supreme Court over the petitions for the issuance
of writs of certiorari, prohibitions, mandamus, quo warranto and habeas corpus is now
shared by the Court of Appeals (CA), whether in aid of its appellate jurisdiction or not.
This is like section30 of Republic Act no. 296 which vested such jurisdiction in the former
intermediate appellate court only if the issuance of such writ is in aid of its appellate
jurisdiction.

Appellate Jurisdiction
The exclusive appellate jurisdiction of the Supreme Court is retained insofar as it
refers to the cases provided for in the constitution, the second clause of sub paragraph
(1) of the second paragraph of section 17 of the Republic Act no. 296, and the decisions
and orders issued under the Labor code of the Philippines and by the central board of
assessment appeals. As a consequence the Supreme Court loses its exclusive appellate
jurisdiction over appeals on the following cases, to wit:
1. Petition for naturalization and denaturalization
2. Final awards, decisions or orders of quasi-judicial agencies, instrumentalities,
boards or commissions, except those falling within the appellate jurisdiction
of the Supreme Court in accordance with the Constitution. In the foregoing,
case, jurisdiction is now vested in the intermediate judicial bodies, whose
decisions are allowed to be appealed directly or exclusively to the Supreme
Court under the Batas Pambansa Bilang 129 are as follows:
a. Commission on Audit;
b. Commission on Elections;
c. The Sandiganbayan;
d. The National Labor Relations Commission and other Labor Offices; and
e. The Central Board of Assessment Appeals
 Imposition of Penalties

Penalty Defined.

In its general sense, penalty signifies pain; in its jurisdiction sphere, penalty means the
suffering undergone, because of the action of society, by one who commits a crime. Hence,
penalty is imposed only after conviction in a criminal action.

Juridical Conditions of Penalty.

Under the Philippine Penal System, the following are the conditions of the imposition of
penalty:

1. Must be productive of suffering but must not decorate the human personality,
2. Must be proportionate to the crime in the sense that different penalties are
prescribed for different crimes,
3. Must be personal as it must be imposed only upon the criminal and no other,
4. Must be legal as it must be the consequence of a judgment according to law,
5. Must be certain so that one cannot escape from it,
6. Must be equal in the sense that it applies to all persons regardless of
circumstances, and
7. Must be correctional.
 Extinction of Criminal Liability

Causes of Total Extinction of Criminal Liability

Conditions for the extinction of criminal liability are the following:

1. Death of the convict as to personal penalties and the pecuniary liabilities, liability is
extinguished only if death occurred before final judgment.
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. Prescription of the penalty
7. Marriage of the offended woman (in good faith)

Prescription of crime as distinguished from prescription of penalty

Prescription of the crime is the forfeiture or loss of the right of the state to prosecute the
offender after the lapse of a certain time fixed by law, whereas prescription of the penalty is the
loss or forfeiture of the right of the government to execute the final sentence after the lapse of
a certain time fixed by law.

Partial extinction of criminal liability

There are also conditions resulting in the partial extinction of criminal liability. Some of
these are the following:

1. Conditional pardon
2. Commutation of sentence
3. Good conduct time allowance during confinement
4. Parole
5. Probation
Parole defined.

It consists in the suspension of the sentence of a convict after having served the minimum
of the sentence imposed without the granting of a pardon, prescribing the terms upon which the
sentence shall be suspended.

Conditional pardon

A person granted conditional pardon must comply strictly with the conditions thereof,
otherwise, the conditional pardon shall be revoked and he shall be liable for prosecution for
violation of the conditional pardon.

Commutation of sentence

It is the change in the sentence of the court made by the President which consists in
reducing the penalty imposed upon the offender. Such substitutes the original sentence.
 CORRECTION

Responsibility for the maintenance of jails is shared between national and local
governments. The correction pillar administers the prison and jail systems through corrective,
rehabilitative and restorative measures. It also administers death penalty to offenders who are
found guilty of committing heinous crimes.

Prisons and detention facilities are administered by various agencies. The Bureau of
Corrections administer national jails, the Bureau of Jails Management and Penology administer
city and municipal jails, while provinces also administer their own provincial jails. Police stations
also maintain detention facilities in their respective police stations.

The Parole and Probation Administration, and Board of Pardons and Parole are the policy
bodies responsible for recommending to the President the grant of parole and pardon. The Parole
and Probation Administration also has responsibility of monitoring the conduct of prisoners on
parole. The Department of Social Welfare and Development assumes responsibility for the
restorative part of the correction system by maintaining centers for the care and restoration of
such offenders as youth and women.
Correctional Institutions

Basic Approach institutions

The primary concern of penology is what to do with the prisoner. An old approach to this
fundamental calls 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 or 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.
The three aims of correctional reforms.

For the first time in the concept of the 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 offender 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, education, 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 society.

Custody and control prisoners.

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

The authorities of a correctional institution should consider the rehabilitation of prisoners

as its ultimate goal, though the primary objectives of the prison program is security. Thus, the
rehabilitation of prisoners cannot be attended to its necessary structure, personnel and methods
which provide for security are not present. Security aims at the prevention of escapes, the control
of contraband and the maintenance of good order. So in order to meet the primary objectives of
security, custodial facilities, personnel and methods relating to escapes, contraband and good
order should be given adequate attention.

The rehabilitation program cannot be carried out effectively if prisoners riot and cause
disturbances. Custody and security control of prisoners, therefore, includes the following:
 1. An adequate system of classification of prisoners,
2. Regular and proper inspection of security facilities
3. Adoption of an adequate system of counting inmates.
4. Proper control of firearms,
5. Constructive control of contraband.
6. Standardized key control, tools and equipment,
7. A comprehensive and up-to-date job analysis of prison guards and personnel,
8. Keeping in good condition the locking devices,
9. Emphasis on the construction of proper cell equipment,

Comprehensive and up-to-date plan of special emergencies, such as riots, escapes,

firefighting, emergency light and civil defense unit.
 THE COMMUNITY

Criminal justice in many countries has in recent years begun to recognize the power of
working with communities and organized groups in fighting criminality. But it is only in the
Philippines that the community is formally recognized as a pillar of the criminal justice system.
But the definition and role of the community pillar under the system has somehow not been
clearly defined.

The community pillar collectively imposes limitations on individual behavior of citizens

that deter criminality and criminal behavior, for the common good of civilized and democratic
society Institutions such as the Barangay, government agencies, legislative bodies, the academe,
and religious and civic organizations, among others, are involved in this pillar. It is however
commonly understood to mean the organized civil society and community members that
perform the role of both duty holder and claimholder in the administration of justice. As duty
holder they have the responsibility to assist law enforcement and the courts in crime solving by
providing information, by community participation in crime prevention and creating a culture of
peace and by supporting the mobilization of resources for peace and order. As claimholders they
are the beneficiaries of the justice system and they play critical roles in holding system duty
holders accountable.

Non-Government Organizations (NGOs) and Civil Society Organizations (CSOs) play and
increasingly active role in the criminal justice system both as instruments of accountability and
as partners in providing criminal justice support services.
The Constitution of the Philippines guarantees the provision of adequate legal assistance
to the poor. Legal assistance refers to free judicial and non-judicial services provided by law
practitioners or groups to indigent members of society. Judicial and non-judicial services include
legal counseling, documentation or preparation of legal instruments, complaints, petitions and
other pleadings, and representation to courts and quasi-judicial bodies.
 AGENCIES AND OFFICES COMPRISING THE
PHILIPPINE CRIMINAL JUSTICE SYSTEM

LAW ENFORCEMENT
- Philippine National Police (PNP)
- National Bureau of Investigation (NBI)

OTHER AGENCIES WHICH ENFORCE SPECIAL LAWS SUCH AS:

- Presidential Anti-Crime Commission (PACC)
- Bureau of Internal Revenue (BIR)
- Land Transportation Office (LTO)
- Bureau of Customs (BOC)
- Economic Intelligence and Investigation Bureau (EIIB)
- Food and Drug Administration (FDA)
- Philippine Coast Guard (PCG)
- Philippine Aviation Security Command (PASC)
- Marine Industry Authority (MARINA)
- Bureau of Fish and Aquatic Resources (BFAR)
- Air Transportation Office (ATO)
- Other regulatory bodies with law enforcement functions

Prosecution
- National Prosecution service (NPS-DOJ)
- Office of the Special Prosecutor (OSP)
- Office of the Ombudsman
- Judge Advocate Generals Office (JAGO)
Courts
- Supreme Court
- Court of Appeals
- Sandiganbayan
- Regional Trial Court
- Metropolitan Trial Court
- Municipal Circuit Trial court
- Court of tax Appeals
Corrections
- Bureau of corrections (BUCOR)
- Parole and Probation administration (PPA)
- Board of pardons and Parole (BPP)
- Bureau of Jail Management and Penology(BJMP)
- Provincial Rehabilitation Center (PRC-DILG)
- City/Municipal Rehabilitation Center (C/MRC-BJMP)
- Regional Youth Rehabilitation Center (RYRC-DSWD)
Community
- Department of Social Welfare and Development (DSWD)
- National Economic Development Authority (NEDA)
- Bureau of Local Government Supervision (BLGS-DILG)
- Philippine Public Safety College (PPSC)
- Philippine Information Agency (PIA)
- Dangerous Drugs Board (DDB)
- Public Assistance Reaction Against Crime (PARAC)
- Non-government Organizations (NGOs)
- Peoples Organizations (Pos)
- Other government offices, institutions and programs whose principal functions are
geared toward the promotion of socioeconomic welfare.