UNIT I

INTRODUCTION TO PHILIPPINE CRIMINAL

JUSTICE SYSTEM

This Unit discusses on how Philippine Criminal Justice System practices and
institutions of governments directed at upholding social control, deterring and
mitigating crime, or sanctioning. Those accused of crime have protections against
abuse of investigatory and prosecution powers.

Learning Outcomes

At the end of this unit, you are expected to:

1. explain the concept of the Criminal Justice System;
2. described the function of Criminal Justice system; and
3. explain the purpose of criminal Justice System in the Philippines.

Activate Prior Knowledge

Direction: Please provide another sheet of paper for your answer. What is your
idea of Criminal system in the Philippines?

LESSON 1: INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Criminal Justice System
Is a set of legal and social institutions for enforcing the criminal law in
accordance with a defined set of procedural rules and limitations. In the United
States, there are separate federal, state and military criminal justice systems for
adults and juveniles. Criminal justice system includes several major
subsystems, composed of one or more public institutions and their staff.
a. Police and other law enforcement agencies;
b. Trial and appellate courts;
c. Prosecution and public defender offices;
d. Probation and parole agencies;
e. Custodial institutions (jails, prisons, reformatories,

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 f. Departments of corrections (responsible for some or all probation,
parole, and custodial functions.)
The machinery which the society uses in the prevention and control of crimes.
It may also refer to the totality of the activities of the law enforcers, prosecutors,
judges, and corrections personnel, as well as those of the mobilized community in
crime prevention and control
In theory, Criminal Justice System is an integrated apparatus that is concerned with
the following;
1. apprehension,
2. prosecution,
3. trial,
4. conviction,
5. sentencing and
6. rehabilitating or correcting criminal offenders.
Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.
People involved in the system (Parties to the criminal case)
1. Accused = The most pampered party in a criminal case.
2. Victim/complainant = The forgotten party in a criminal case.
3. People of the Philippines = The actual offended part

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LESSON 2: ESSENCE OF JUSTICE
What is the definition of justice?
Justice is the act of rendering what are due and treating persons equally
these persons must, however, fall within the same classification. (Gacayan, 2006)
Essence of Justice under the Philippine Constitution
Under Sec. 1, Art III of the 1987 Philippine Constitution, no person shall be
deprived of life, liberty or property without due process of law, nor shall a
person be deprived of the equal protection of law. This guarantee dictates
that in order that justice will be realized there must be the observance of due
process. Due process is a guaranty against any arbitrariness on the part of
the government, whether committed by the legislative, executive or the
judiciary.
Kinds of Due Process
a. Procedural due process – is one which hears before it condemns
which proceeds upon inquiry and renders judgment only after trial.
b. Substantive Due Process – this requires the intrinsic validity of the
law in interfering with the rights of the person to his life, liberty or property.
LESSON 3: PURPOSE OF THE CRIMINAL JUSTICE SYSTEM

According to Richard Garside, British legal mind, the purpose of the

Criminal Justice System is to deliver justice for all, by convicting and
punishing the guilty and helping them to stop offending, while protecting the
innocent. He further added that the central purpose of the Criminal Justice
System is to deliver efficient, effective, accountable and fair justice for the
public.
In the Philippines, the Criminal Justice System consists of the system
of courts, including the barangay justice system, the informal justice system
implemented through practice particularly by indigenous bodies empowered
by law to perform adjudicatory functions; the systems for law enforcement
and prosecution which involve investigating, apprehending and prosecuting
those who could not be deterred from violating the law and rehabilitation or
the means of rehabilitating offenders and returning them to the community as
law abiding citizens; and the community which collectively imposes
limitations on individual behavior of citizens for the common good of civilized
and democratic society that deters criminality and criminal behavior.

Meanwhile, the Supreme Court has adopted the vision of the criminal justice
system as follows:

1. To provide the public an effective system or process in the community by

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 which crimes are investigated and the persons suspected thereof are taken
into custody, prosecuted in court and punished if found guilty with provision
being made for their correction and rehabilitation and

2. To provide the people the ability to seek and obtain a remedy through
formal or informal institutions and in conformity with human rights standards.

Application

Direction: Please provide another sheet of paper for your answer. Read the
following question carefully:

http://www.stock photo.com

1. What does the sword and the weighing scale symbolize?

2. What is the rationale behind the blindfolding of the woman?
3. What is the reason why the symbol is a woman?

Direction: Please provide another sheet of paper for your answer. Read the
following question carefully:
1, Discuss the Philippine criminal justice system process?
2, Explain why as a student it is important to know the purpose of criminal justice
process?

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 UNIT II
LAW ENFORCEMENT PILLAR

In This Unit Discuss Law Enforcement as the first pillar of Criminal Justice
System (CJS). It consists mainly of the officers and men of the Philippine National
Police (PNP), the National Bureau of Investigation (NBI) and other law enforcement
agencies.

Learning Outcomes
At the end of this unit, you are expected to:
1. described the Law Enforcement Pillar;
2. explain how the Law Enforcement Pillar developed; and
3. explain the declaration of Policy of the Department of Interior &
Local Government (DILG)Act of 1990.

Activate Prior Knowledge

Direction: Please provide another sheet of paper for answer.

What is your idea of Law Enforcement as 1st pillar of CJS here in the
Philippines?

LESSON I: LAW ENFORCEMENT

Define it is considered as the prime mover of the Criminal Justice System. Law
enforcement is a deterrent and preventive activity.
Different Police Activities
1. Prevention of crime is intended to prevent root causes of crime.
2. Repression or suppression of crime is done to reduce the opportunity of
committing a crime like the act of conducting patrol.
3. Apprehending offenders is also known as arresting offenders.
4. Conduct search and seizure;

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 5. Investigation of crime; and
6. Protection of lives and property.
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).
Broad Goals of the PNP
1. Prevent and control crimes.
2. Maintain peace and order.
3. Ensure public safety and security.

Community oriented policing

System (COPS) was established for the law enforcement and community to
have a harmonious relationship with each other. Under this system, the policemen
conduct seminars, tree planting, and other activities for them to show how much they
care for the community. In return, the community will have an active participation in
assisting the policemen in performing their official functions.
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 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.
LESSON 2: ARREST

Arrest- Is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

Manner of conducting arrest- An arrest is made by actual restraint of a person to

be arrested, or by his submission to the custody of the person making an arrest.

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 Warrant of arrest- Is an order in writing issued in the name of People of the
Philippines, signed by the judge and directed to a peace officer, commanding him to
arrest a person or persons stated there in and deliver them before the court.

The requisites of a valid warrant of arrest are the following:

a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon examination
under oath or affirmation of the complainant and the witnesses he may
produce; and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the
Philippine Constitution)
Life span of warrant of arrest
As long as the person stated in the warrant of arrest is not arrested, it shall
remain valid even if several years already lapsed. However, the head of the office to
whom the warrant of arrest was delivered for execution shall cause the warrant to be
executed within ten (10) days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was assigned for execution shall make
a report to the judge who issued the warrant.
Warrantless arrest- a peace officer or a private person may, without a warrant,
arrest a person:
a. When, in his presence the person to be arrested has committed, is actually
committing or is attempting to commit an offense.
b. When an offense has in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested had committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending or has escaped while being transferred from
one confinement to another.
LESSON 3: SEARCH and SEIZURE
Search- is defined as the act of looking into carefully in order to find some
concealed items.
Seizure- is to take into custody of something.
Power to conduct search
General rule: A warrant is needed before search. Validity of warrant is 10 days from
its date.
Warrantless search
a. Search incidental to lawful arrest- A person lawfully arrested may be searched
for dangerous weapons or anything which may have been used or constitute proof
in the commission of an offense without search warrant.
b. Consented search- the right against unreasonable search and seizure may be
voluntarily waived by a person being searched
c. Plain view doctrine- illegal things at sight may be seized even without a warrant
to do so. The things must be readily seen without any effort of locating it.
d. Search conducted by Bureau of Customs
e. Search conducted by Security Guards on post.

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 g. Search in moving vehicles/checkpoints- Under search in moving
vehicle especially in checkpoints, moving vehicles may be searched
provided that it is limited to visual search,

When to serve search warrant?

The search warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or on the place ordered to be
searched, in which case, a direction may be inserted that it be served at any time of
the day or night
Custodial investigation- Is any questioning initiated by law enforcement officers
after a person has been taken into custody of otherwise deprived of his freedom of
action in any significant way.
What are the rights of persons under custodial investigation?
a) Right to be informed of his right to remain silent;
b) Right to have a competent and independent counsel preferably of his own choice
or to be provided with one;
c) Right against torture, force, violence, threat, and intimidation or any other means
which vitiates his free will
d) Right not to be held in secret, solitary, incommunicado, or any other similar forms
of detention.
Interrogation - Is a questioning of a person suspected of having committed a crime
or of a person who is reluctant to make a full disclosure of information in his
possession which is pertinent to investigation.
Interview- An interview is the questioning of a person who is believed to possess
knowledge that is of official interest to the investigator.
Confession- Is the direct acknowledgement of guilt, while admission is the indirect
acknowledgement of guilty.

Application

Direction: Please provide another sheet of paper for your answer. Please answer
the following question carefully:
1, Enumerate the 4 PNP core values and explain each?

Direction: Please provide another sheet of paper for your answer. Read the
following question carefully:
1. Discuss briefly the Law Enforcement Pillar?
2. Enumerate the three duties of the Law Enforcement Pillar and discuss briefly?
3. Explain the relationship between the PNP and the Department of National

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 Defense.

UNIT III
PROSECUTION PILLAR

The second pillar of the Criminal Justice System is the prosecution, which is
the prosecution arm of the government. It is mandated to uphold the rule of law. It is
composed of the National Prosecution Service of the Department of Justice (DOJ),
Office of the Ombudsman and the Public Attorney’s Office (PAO). While the focus of
this pillar is the speedy disposition of cases, 15 of its principal tasks is the
investigation of criminal complaints emanating from the community and the law
enforcement agencies and bringing these complaints to their successful prosecution
in the judicial system.

Learning Outcomes:

At the end of this lesson, you are expected to:

1.discuss the role and function of the prosecution in the
Philippine Criminal Justice System;
2.explain the prosecution process; and
3. differentiate preliminary investigation and inquest proceedings.

Activate Prior knowledge

Direction: Please provide another sheet of paper for your

answer.
What is your idea of Prosecution as pillar of CJS here in the
Philippines?

LESSON 1: HISTORY OF PROSECUTION

The origin of the office of the prosecutor is found hundreds of years ago in the
jurisprudential development and the common law of England.

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 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.

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). 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- 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 prosecutor such as

The Role and Function of the Prosecution in the Philippine Criminal Justice
System

The criminal justice system, essentially is the system or process in the

community by which crimes are investigated, and the persons suspected thereof are
taken into custody, prosecuted in court and punished, if found guilty, provision being
made for their correction rehabilitation. Prior to the advent of American sovereignty in
the country, we had the Spanish law on criminal procedure the royal decree of
September 4, 1884, by virtue of which the penal code in force in the archipelago, as
amended in accordance with the recommendation of the code committee, and its
accompanying law- the provisional law on criminal procedure were published and
applied in the Philippine pursuant to the royal decree of December 17,1884. It
became effective four months after its publication in the gaceta de manila. In
addition, the compilation of the laws of criminal procedure of 1879 and the law of
criminal procedure of 1882 also formed part of our law on the subject.

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 During the American occupation, general Otis issued general orders no. 58 on
April 23 1990, which was amended at various times some of the amendments were:
act no. 194, providing for preliminary investigations; act no 440, relating to counsels
de officio; act no. 590, providing for preliminary investigation by justices of the peace
of provincial capitals; act no.2677, prescribing the procedure of appeals of cases
originating in the justice of the peace courts to the supreme court.

LESSON 2: PROSECUTION PROCESS

The investigation and prosecution of all cases involving violations of penal

laws are lodged with the Department of Justice (DOJ) through its National
Prosecution Service (NAPROSS). The DOJ is headed by the Secretary of Justice
with three Undersecretaries assisting him. Aside from being the prosecution arm of
the government, the DOJ shall have the following powers and functions:

a. Act as principal law agency of the government and as legal counsel and
representative thereof, whenever so required;

b. Administer the probation and correction system;

c. Extend free legal assistance/ representation to indigents and poor litigants

in criminal cases and noncommercial civil disputes;

d. Preserve the integrity of land titles through proper registration;

e. Investigate and arbitrate untitled land disputes involving small land owners
and members of indigenous cultural communities; and members of indigenous
cultural communities; 274 RESOURCE MATERIAL SERIES No. 53

f. Provide immigration and naturalization regulatory services and implement

the laws governing citizenship and the admission and stay of aliens;

g. Provide legal services to the national government and its functionaries,

including government owned or controlled corporations and their subsidiaries; and

h. Perform such other function as may be provided by law. It consists of the

following constituent units:

1. Department proper;
2. Office of the Government Counsel;
3. National Bureau of Investigation
4. Public Attorney’s Office;
5. Board of Pardons and Parole;
6. Parole and Probation Administration;
7. Bureau of Corrections;
8. Land Registration Authority;
9. Bureau of Immigration; and
10. Commission on the Settlement of Land Problems.

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 The NAPROSS is with the “Department Proper” which is under the control and
supervision of the Secretary of Justice. It is composed of the Prosecution Staff in the
Office of the Secretary of Justice headed by the Chief State Prosecutor, the Regional
State Prosecution Offices headed by Regional State Prosecutors, and the Provincial
and City Prosecution Offices headed by the Provincial Prosecutor and City
Prosecutor, respectively. The Prosecution Staff or State Prosecutors perform the
following functions:

a. Investigate administrative charges against prosecutors and other prosecution

officers;

b. Conduct the investigation and prosecution of all crimes;

c. Prepare legal opinions on queries involving violations of the Revised Penal Code
and special penal laws; and

d. Review appeals from the resolutions of prosecutors and other prosecuting officers
in connection with criminal cases handled by them.

Regional state prosecutors have the following functions:

(1) Implement policies, plans, programs, memoranda, orders, circulars and rules and
regulations of the DOJ relative to the investigation and prosecution of criminal cases
in his region;

(2) Exercise immediate administrative supervision over all Provincial and City
Prosecutors and other prosecuting officers of provinces and cities comprised within
his region;

(3) Prosecute any case arising within the region. Provincial and City Prosecutors
have the following functions:

a. Be the law officer of the province or city, as the case may be. He shall have charge
of the prosecution of all crimes, misdemeanors and violations of city or municipal
ordinances in the courts of such province or city and shall therein discharge all the
duties incident to the institution of criminal prosecutions;

b. Investigate and/or cause to be investigated all charges of crimes, misdemeanors

and violations of all penal laws and ordinances within their respective jurisdictions
and have the necessary information or complaint prepared or made against the
persons accused. In the conduct of such investigations, he or his assistants shall
receive the sworn statements or take oral evidence of witnesses summoned by
subpoena for the purpose; 275 107TH INTERNATIONAL TRAINING COURSE
PARTICIPANTS’ PAPERS

c. Investigate commissions of criminal acts and take an active part in the gathering of
relevant evidence. For this purpose, the National Bureau of Investigation, Philippine
National Police and other offices and agencies of the government shall extend to him
the necessary assistance;

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d. Act as legal adviser of the municipality, and municipal district of the provinces or
the provincial or city government and its officers or of the city. As such, he shall,
when so requested, submit his opinion in writing upon any legal question submitted
to him by any such officer or body pertinent to the duties thereof; and

e. Assist the Solicitor General, when so deputized in the public interest, in the
performance of any function or in the discharge of any duty incumbent upon the
latter, within the territorial jurisdiction of the former, in which cases, he shall be under
the control and supervision of the Solicitor General with regard to the conduct of the
proceedings assigned to him and render reports thereon.

The members of the NAPROSS are selected from among qualified and
professional trained members of the legal profession who are of proven integrity and
competence and have been in the actual practice of the legal profession for at least
five years prior to their appointment or have held during like period, any position
requiring the qualifications of a lawyer. They shall be appointed by the President of
the Philippines upon recommendation of the Secretary of Justice.

Once appointed, prosecutors are required to attend seminars, lectures,

convention and continuing legal education to enhance their skills in investigation and
trial works. They enjoy a security of tenure because they can be removed from office
only for a cause. Their appointments are not coterminous with the appointing
authority, which means that even if the President who appointed them is no longer in
power, they shall still remain in office. In the discharge of their duties, prosecutors are
guided by their “Credo” and the constitutional mandate that “a public office is a public
trust and public officers and employees must at all times accountable to the people,
serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice and lead modest lives.”

The prosecution process starts the moment the law enforcer, the complainant
or public officer in charge of the enforcement of the law alleged to have been violated
files a case against a suspected criminal. With such filing, preliminary investigation
will set in and the second stage in the life of a criminal action is now in progress. The
first stage is the police investigation.

Preliminary investigation is the stage at which the public prosecutor evaluates

the finding of the police or the evidence submitted directly by a complainant or public
officer in charge of the enforcement of the law alleged to have been violated, to
determine if prosecution of the suspect in court is warranted. The Rules of Court
define preliminary investigation as an inquiry on proceeding for the purpose of
determining whether there is sufficient ground to engender a well-founded belief that
a crime cognizable by the Regional Trial Court has been committed and that
respondent is probably guilty thereof, and should be held for trial.

A preliminary investigation is an important substantive right of persons

suspected of crimes, the deprivation of which is tantamount to a deprivation of due
process of law. It is designed against hasty and malicious prosecutions. 276
RESOURCE MATERIAL SERIES No. 53 Preliminary investigations may be

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conducted by the public prosecutors or judges of the Municipal Circuit Trial Courts.
The procedures in the conduct of a preliminary investigation are as follows:

(1) Filing of complaint and affidavits of witnesses by the police, complainant

or

public officer in charge of the enforcement of the law alleged to have been

violated;

(2) Personal examination of affiants by the investigating prosecutor;

(3) Preliminary action by investigating prosecutor:

a. Dismiss the complaint if he finds no cause to continue with the inquiry.

b. Issue subpoena to respondent requiring him to submit a counter affidavit.

However, if no such counter-affidavit is submitted, the investigating prosecutor shall
resolve the case on the basis of the evidence submitted by the police, public officer
or complainant.

If a counter-affidavit is submitted but there are matters which need clarification,

the investigating prosecutor may set a hearing to propound clarificatory questions.

4) Preparation of resolution. Based on the evidence presented, the

investigating prosecutor may:

Prepare information if he finds cause to hold the respondent for trial. An

information is an accusation in writing charging a person with an offense subscribed
by the fiscal and filed with the court.

Otherwise, recommend the dismissal of the complaint. However, in both cases,

the approval of the Provincial or City Prosecutor or the Chief State Prosecutor of
such recommendation is necessary. As regards offenses within the jurisdiction of
Municipal Trial Courts, no preliminary investigation is required by law.

All that the public prosecutor is required to do is

1) to examine the complaint and supporting affidavit and

2) to personally satisfy himself that the affiants voluntarily executed and

understood their affidavits and that the suspect has probably committed the offense
charged. This examination and determination he does ex parte, i.e., without notice to
and in the absence of the suspect. He then files the information directly with the
court.

At the preliminary investigation of a crime cognizable by a Regional Trial

Court, the respondent has the following rights:

(1) To have notice of the investigation and to have a copy of the complaint,
affidavits and other supporting documents;

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 (2) To submit a counter-affidavit and other supporting documents within ten
days from notice;

(3) To examine all other evidence submitted by the complainant;

(4) To be afforded an opportunity to be present at any hearing at which

clarification of certain matters is to be made and submit questions to the investigating
officer for the purpose. It bears emphasis that aside from a preliminary investigation,
there is another type of investigation which a prosecutor may conduct, and this is
what we call inquest investigation, which 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 for the purpose of determining
whether or not said persons should remain under custody and correspondingly be
charged in court. A respondent against whom an adverse resolution was issued by
the investigating 277 107TH INTERNATIONAL TRAINING COURSE
PARTICIPANTS’ PAPERS prosecutor is not without any remedy. He may file an
appeal to the Secretary of Justice within fifteen days from receipt of the questioned
resolution.

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.
LESSON 3: PRELIMINARY INVESTIGATION and INQUEST PROCEEDINGS
If a person is arrested, what is the purpose of delivering him to the nearest
police station or jail and detaining him in that place?
It depends. If the arrest is with warrant, the arrested person must be detained
for him to face the case that is already filed against him or to serve his sentence if he
is already convicted. However, if the arrest is without warrant, he must be detained to
undergo an inquest proceeding or preliminary investigation. (Timpac, 2007)
Inquest proceeding is a proceeding
It is done by the inquest prosecutor to determine the validity of the arrest. This
is very summary in nature which may be done by an informal interview with the
arresting officer and/or the arrested person.
Preliminary investigation

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 Is an inquiry held for the purpose of ascertaining whether or not probable
cause is present? It is intended to secure the innocent against hasty, malicious and
oppressive prosecution and to protect him from an open and public accusation of
crime. It is further intended to protect the State from useless and expensive trial. It is
required when the imposable penalty for the crime charged is at least 4 years, 2
months, and 1 day (4:2:1) imprisonment without regard to the fine.
What is probable cause
Probable cause is the existence of sufficient ground to engender a well-
founded belief that:
a) A crime has been committed; and
b) The respondent is probably guilty thereof.
Who may conduct preliminary investigation? Any of the following may conduct
preliminary investigation:
1. Provincial or city prosecutor and their assistants;
2. National and Regional state prosecutors; and
3. Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of
Court) preliminary investigation. Make a diagram showing the step-by-step
procedures undertaken by the prosecutor

Application

Directions: Do not write anything on the module. Write your answers using
separate sheet of paper.

https://www.carrington.edu/blog/defense-vs-prosecution/

1. Differentiate prosecution from defense?

Direction: Please provide another sheet of paper for your answer. Read the

16
 following question carefully.
1, Discuss briefly the role and function of the prosecution in the Philippine Criminal
Justice System.

2, Discuss the prosecution process.

3, State your understanding of the penal or correctional process.

UNIT III
COURT PILLAR

The third pillar of the criminal justice system is the courts pillar. It is the forum
where the prosecution is given the opportunity to prove that there is strong evidence
of guilt against the accused. It is also in the courts that the accused is given his “day”
to disprove the accusation against him.

Learning Outcomes

At the end of this unit, you are expected to:

1. define the meaning of court;

2. explain the judicial process and;
3. understand the role of court in the PCJS.

Activate Prior Knowledge

Direction: Please provide another sheet of paper for your answer.

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 What is your idea of court as a 4th pillar of CJS?

LESSON 1: COURT
Court - Is a government institution that decides a case, according to the existing
laws or the laws of the land. It adjudicates legal disputes between citizens, or
between the citizens and the government.
Judge - A public officer so named in his commission and appointed by the
president to administer the law in a court of justice.
Composition of Philippine Courts
Regular Courts:
Supreme Court It is the highest court in the Philippines.
Court of Appeals It is the second highest judicial court
after the supreme court. It reviews
decision and orders of the lower court.
Regional Trial Court (RTC) Has jurisdiction over offenses
punishable with imprisonment of six
years and one day and over
Inferior Courts Has jurisdiction over a violation of city
Metropolitan Trial Court municipal ordinances and offenses
Municipal Trial Court punishable by imprisonment not
Municipal circuit Trial Court exceeding six years

Special Courts:
Sandiganbayan It is a special court that has jurisdiction over criminal and civil
cases involving graft and corrupt practices of public officers.
Created pursuant to PD 1606.
Court of Tax Has exclusive appellate jurisdiction to review and appeal the
Appeals (CTA) decision of the Commissioner of the Bureau of Internal
Revenue involving internal revenue taxes and decisions of the
Commissioner of the Bureau of Customs involving customs
duties. Created pursuant to RA 1125
Shari’a Court Created pursuant to PD 1083, otherwise known as the “Code
Shari’a District of Muslim Personal Laws of the Philippines”. Cases brought
Court before this court is civil in nature. -These are courts of limited
Shari’a Circuit jurisdiction which are presided by District Judges -These are

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 Trial Courts presided by circuit judges
Family Court This special court was established by virtue of RA 8369,
otherwise known as Family Courts Act of 1997". It covers
criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of
age or where one or more of the victims is a minor at the time
of the commission of the offense.

LESSON 2: COURT PROCEEDINGS

1.Arraignment - The reading to the accused in open court of the complaint or

information.
a. Copy of the complaint/information shall be given to the accused.
b. List of witnesses will also be given to the accused.
c. The accused pleads guilty or not guilty.

2.Pre – trial - An informal trial which precedes the regular trial. Primarily intended to
expedite the proceeding. This is done through a Pre-Trail Conference conducted by
the court.
a. Plea bargaining (guilty or not guilty)
b. Stipulation of facts (specification)
c. Admission of facts
d. Marking documentary evidence (Prosecution 123; Defense ABC)
e. Waiver of objection to the admissibility of evidence
3. Trial - The formal investigation of the matter in issue with respect to the action
before a competent court for the purpose of determining such issue that involves the
guilt or innocence of the accused.

4. Judgment - The adjudication by the court that the accused is guilty or not guilty.

a. It must be written in the official language,

b. Personally, and directly prepared and signed by the judge.
c. Must contain legal bases of decision 5. Appeal - the whole case is
elevated to a higher court for review and final adjudication.
d. Within 15 days – period of entering appeal from the date of
promulgation.

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 e. After 15 days – the decision shall be Final and Executor

Article III, No.3, Bill of Rights

Philippine constitution

The right of the people to be secured in their persons, houses, papers and
effects against unreasonable searches and seizures shall not be violated and the
warrant shall be issued upon probable causes to be determined by the judge after
examination under oath or affirmation of the complainant and the witnesses, he may
produce, and particularly describing the place to be searched, and the person or
things to be searched.

The purpose of this Constitutional Provision is (a.) to prevent violation of the

private security on person and property, and unlawful invasion of the sanctity of the
home by officers of the law acting under legislative or judicial sanction, and (b.) to
give remedy against such usurpations when attempted.

This (provision) will serve as the shield and protection of every citizen from
and against unreasonable searches and seizures by authorities without legal and
valid grounds.

LESSON 3: THE JUDICIAL PROCESS

The public prosecutor will file the corresponding information in the proper
court if the preliminary investigation results in the finding that a crime has been
committed and the suspect is probably guilty thereof, thus, activating the judicial
process.

The first stage of a criminal action of the case is arraignment which shall be
set by the court. It consists of the reading of the information or a criminal complaint in
court to the accused in open court. The accused is the asked how he pleads. The
accused may plead guilty or not guilty to the offense charged. If he refuses to plead,
a plea of not guilty will be entered for him.

If the accused pleads guilty, the court shall sentence him to the
corresponding penalty if it is satisfied of the voluntariness of the plea, and otherwise
of the guilt of the accused. if the accused pleads not guilty the case is set for pre-trial
and /or trial.

The pre-trial shall consider the following matters:

20
 1. Plea bargaining;
2. Stipulation of facts;
3. Marking for identification of evidence F the parties;
4. Waiver of objections to admissibility of evidence; and
5. Such other matters as will promote a fair and expeditious trial.

No agreement or admission during the pre-trial shall be used in evidence

against the accused unless reduced in writing and signed by him and his counsel.

After the pre-trial stage, trial follows.

The presentation of evidence shall be commenced by the prosecutor, followed

by the accused. Rebuttal evidence may be presented by the prosecution. The parties
may also present written arguments or memoranda after which the case is deemed
submitted for decision.

The law secures to every accused the following rights during trial:

1. To be presumed innocent until the contrary is proved beyond reasonable

doubt;
2. To be informed of the nature and cause of the accusation against him;
3. To be present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of judgement.
However, the accused may waive his presence at the trial pursuant to the
stipulations set forth in his bail bond, unless his presence is specifically
ordered by the court for the purposes of identification. It shall be considered a
waiver of the accused right to the present during that trial if he is absent
without any justifiable caused at the trial or a particular date of which he had
notice. When an accused under custody had been notified of the date of the
trial and escapes, he shall be deemed to have waived his right to be present
on said date and on all subsequent trial dates until custody is regained. Upon
motion, the accused may be allowed to defend himself in person when
sufficiency appears to the court that he can properly protect his rights without
the assistance of the counsel;
4. To testify as witness in his own behalf but subject to cross examine on
matters covered by direct examination. His silence shall not in any manner
prejudice him;
5. To be exempted from being compelled to be a witness against himself;

21
6. To be confront and cross- examine the witnesses against him at the trial.
Either party may utilized as part of its evidence the testimony of a witness
who is deceased, out of or cannot with due diligence be found in the
Philippines unavailable or other wise unable to testify, given in another case
or proceeding (judicial or administrative) involving the same parties and
subject matter, the adverse party having had the opportunity to cross -
examine him;
7. To have compulsory process issued to secure the attendance of witness and
productive of other evidence in his behalf.
8. To have speedy, impartial and public trial; and
9. To have the right of appeal in all cases allowed and, in the manners,
prescribed by law.
After the reception of the contending parties’ pieces of evidence, the
case is now submitted for decision which the court must render within ninety
days after trial.
If the court acquits the accused because in its view, he is innocent or
his guilt is not proven beyond reasonable doubt, the case is definitely ended.
Appeal by the prosecution is barred by the principle of double jeopardy.
On the order hand, if it convicts the accused because in its view his
reasonable doubt, the latter may move for a new trial or reconsideration which
maybe based on either of the following grounds:
a. That errors of law or irregularities have been committed during the trial
prejudicial to the substantial rights of the accused; or
b. That new and material evidence has been discovered and produced at
the trial, and which, if introduced and admitted, would probably change
the judgement. The motion for reconsideration may be based on the
errors of law or fact in judgement.
In lieu of moving for new trial or reconsideration or after denial of
such motion, the convicted accused may appeal to the court of appeals or
the supreme court within the time fixed by law. If the appeal of the
convicted accused is unsuccessful and his conviction is affirmed, the case
will be remanded to the court of origin for the execution of the judgement.
The latter court will set a date for the accused to present himself for the
enforcement of the judgement. At the time thus appointed, the court will
issue an order of commitment and the accused is passed on the next
component.

22
 Application

Directions: Do not write anything on the module. In the rubrics for the Essential
questions, write your answers using separate sheet of paper.

www.pioneerlawoffice.com

Direction: Do not write anything on the module. In the rubrics for the Essential
questions, write your answers using separate sheet of paper.

Direction: Please provide another sheet of paper for your answer.

1, Discuss the function of court as a pillar of CJS?
2, What are the matters to be considered during the pre-trial?

23
 UNIT IV

THE CORRECTION PILLAR

Correction Pillar is the fourth pillar of the Criminal Justice System. It takes
over once the accused, after having been found guilty is meted out the penalty for the
crime he committed. The punishment may be in the form of isolation of the convicts
by imprisonment for the periods laid down by the courts or in extreme cases, their
execution by the method prescribed by law. The sentence is carried out when the
penalty is imprisonment either in the municipal/city jails, the provincial jail or national
penitentiary depending on the length of the sentence meted out.

Learning Outcomes:

At the end of this unit, you are expected to:

1, differentiate prison and jail;

2, Discuss the role of correction in the Criminal Justice System and
3, identify the different justifications of punishment.

Activate Prior Knowledge

Direction: Please provide another sheet of paper for your answer.

What is your idea of Correction as Pillar of CJS?

LESSON 1: CORRECTION

Refer to institutions mandated to administer both correctional and

rehabilitation programs for the offenders. These programs develop the offenders or
convicts’ abilities and potentials and facilitate their re-integration into the community
and normal family life. The rehabilitation and recovery process involves the support
of government agencies, on-government organizations and most importantly the

24
family and community so that the offender as well as the offended can heal and
recover in order to be able to cope and rebuild their lives.

Correctional System

Refers to institutions mandated to administer both correctional and

rehabilitation programs for the offenders. These programs develop the offenders or
convicts’ abilities and potentials and facilitate their re-integration into the community
and normal family life. The rehabilitation and recovery process involves the support
of government agencies, on government organizations and most importantly.

The family and community so that the offender as well as the offended can
heal and recover in order to be able to cope and rebuild their lives.

Parts of the correction pillar are:

1. Bureau of Corrections;
2. Board of Pardons and Parole;
3. Parole and Probations Administration which are also agencies of the
Department of Justice. The rehabilitation of prisoners is the principal task of
the Bureau of Corrections so they become useful members of society after
service of sentence. The Board of Pardons and Parole recommends to the
President the prisoners who are qualified for parole, pardon or some other
executive clemency. The probation administration exercises general
supervision over all parolees and probationers and promotes the correction
and rehabilitation of offenders.

Other agencies charged with the administration and supervision of prisoners

and detainees. These are:

1.Bureau of Jail Management and Penology- which supervises City Jail and
Municipal Jails and;
2.Various Offices- Of the Provincial Jail Wardens/Provincial Governor (which
administers the Provincial Jails), which are under the Department of the Interior
and Local Government (DILG).

The administration of criminal justice is not solely the responsibility of the police,
the prosecutors, the judges and the corrections personnel. The criminal justice
system relies also on citizen participation.

Corrections Pillar

Comprising the Corrections Pillar are the jails and prisons administered by the
Bureau of Corrections (BUCOR), the BUREAU of Jail Management and Penology
and by the local government units. Police likewise maintains detention facilities in its
different police stations nationwide.

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The corrections pillar may also be classified into two:

1.Institution based- Include prisons and jails which house prisoners serving
terms
of imprisonment; under detention status; those for safekeeping in selected
cases;
2.Community based- Corrections pertains to probation and parole. These are
being managed by the parole and Probation Administration (PPA) of the DOJ.
PPA conducts a post-sentence investigation of petitioners for probation as
referred by the courts, as well as pre-parole/pre-executive clemency investigation
for those referred by the Board of Pardons and Parole, to determine the suitability
of the offender to be reintegrated in the community instead of serving their
sentence inside an institution or prison. The PPA further supervises probationers,
parolees and conditional pardonees to promote their rehabilitation and
reintegration to the mainstream of society. It mobilizes the community resources,
especially through volunteer probation aides.

LESSON:2 JAIL
Is a short-term detention facility where a person convicted or suspected of a
crime is detained, it holds people awaiting trial, under investigation and people
sentenced for a short duration which is below 3 years sentence. Jails include
provincial, district, city and municipal jails managed and supervised by the
Provincial Government and the Bureau of Jail Management and Penology
(BJMP), respectively, which are both under the Department of the Interior and
Local Government Types of Jails:
1. Lock-up Jails – Is a security facility, common to police stations, used for
temporary confinement of an individual held for investigation.
2. Ordinary Jails – Is the type of jail commonly used to detain a convicted
criminal offender to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – A facility that houses minimum custody
offenders who are serving short sentences.
4. Prison – A place of long-term confinement for those convicted of serious
crimes, the sentence is above 3 years, or place which refers to the national
prisons or penitentiaries managed and supervised by the Bureau of Corrections,
an agency under the Department of Justice.
General Classification of Inmates:
1. Detention Prisoners/Detainee – Those detained for investigation, preliminary
hearing, or awaiting trial.
2. Sentenced Prisoners/Prisoners – 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.
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.
4. City Prisoners - 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.
4.Municipal Prisoners - Those confined in Municipal jails to serve an imprisonment
from 1 day to 6 months.

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LESSON 3: PRISONS

The different prisons in the Philippines are the following:

1. The Old Bilibid Prison is known at present as the Manila City Jail. The Manila
government swapped its property located at Muntinlupa to the Old Bilibid Prison
which was owned by the national government. The national government built the
New Bilibid Prison in said lot at Muntinlupa.

2. The New Bilibid Prison. It has 2 satellites namely:

1. Bukang Liwayway houses minimum security prisoners who work in the various
projects of the institution.

2. Sampaguita Camp is where the Reception and Diagnostic Center, Medium

Security Unit, and Youth Rehabilitation Center are located.

The penal colonies of the Philippines together with their locations are the
following:

a. San Ramon Prison and Penal Farm located in Zamboanga;

b. Iwahig Penal Colony located in Palawan;

c. Davao Penal Colony located in Davao City;

d. Correctional Institution for Women located in Mandaluyong; and

e. Sablayan Penal Colony located in Occidental Mindoro.

f. Leyte Penal Colony located in Abuyog

(Tadio, 1996). Non-Institutional Corrections

1. Probation- Is a disposition under which a defendant, after conviction and

sentence, is released subject to conditions imposed by the court and under the
supervision of a probation officer.

2. Pardon-It is defined as an act of grace proceeding from the power entrusted with
the President which exempts the individual on whom it is bestowed, from punishment
the law inflicts for a crime he has committed. a. Absolute Pardon-given without any
condition. b. Conditional Pardon- given with conditions.

3. Amnesty- Is an act of sovereign power granting oblivion or general pardon for a

past offense usually granted in favor of certain classes of persons who have
committed crimes of a political character, such as treason, sedition, rebellion.

4. Parole - Is the suspension of sentence of a convict after having served the

minimum of the sentence imposed without granting pardon, prescribing the terms of
the suspension.

5. Reprieve and Suspension of Sentence - Are the temporary stay or

postponement of sentence especially when the penalty imposed is death.

27
 6. Commutation of Sentence- Is an act of the President reducing the penalty of a
convict.

Application

Direction: Do not write anything on the module. In the rubrics for the Essential
questions, write your answers using separate sheet of paper
1. Discuss corrections and correctional system ?

Direction: Please provide another sheet of paper for your answer:

1, Enumerate the three (3) parts of the Corrections Pillar and explain each briefly.

2, Name the other agencies charged with the administration and supervision of
prisoners and detainees.

3, Explain the corrections pillar.

28
 UNIT V
THE COMMUNITY PILLAR

The members of the community play a vital role in the criminal justice
system. It is from their ranks that the offenders come and it is with them that they will
end up. The involvement of these people in the programs and projects of the
government, even those that are not necessarily connected with the administration of
justice, contribute to the lessening of crimes, as their efforts are diverted to more
productive matters. They can also contribute immensely in solving crimes by
assisting police investigations, giving testimonies, providing leads and the arrest of
criminals.

Learning Outcomes

At the end of this unit, you are expected to:

1, define community as pillar of CJS;

2, identify the functions of the community pillar; and
3, explain the operation of the community pillars in the criminal justice system.

Activate Prior Knowledge

Direction: Please provide another sheet of paper for your answer. What is your idea of
Community as Pillar of CJS?

LESSON 1: COMMUNITY

Refers to institutions, government and non-government agencies and people

organizations that provide care and assistance to the victims or offended party,
during and after the onset of victims’ right case. The “community” has a significant
role to assume in all the phases of judicial involvement of offender as well as the
protection process: the prevention of abuse, cruelty, discrimination and exploitation,
assistance of offenders who enter the criminal justice system and the acceptance of
the offenders upon his reintegration into the community, after he goes out of
Correctional.

The community pillar is composed of institutions such as the Department of

Social Welfare and Development (DSWD), commission on Human Rights (CHR),

29
National Commission on Indigenous People (NCIP), Public Attorney’s Office (PAO),
barangays, civic organizations and non-governmental organizations. Members of the
community pillar are regarded to be both duty holders and UN Human Rights
Committee, Consideration of Reports Submitted by States parties Under Article 40 of
the Covenant (ICCPR).

The Community

After the convicts have passed through the correction component, the convicts
go back to the community – either unconditionally (as by full service of the term of
imprisonment imposed on them), or by parole or pardon – and either lead normal
lives as law abiding citizens in their barangays, or regrettably, commit other crimes
and thus go back through the same processes and stages of the criminal justice
system.

In the development of civic –spirited citizens, the community at large creates

the environment and fosters respect for and observance of the Rule of Law through
the appropriate legislative agencies, public and private educational institutions,
parents and guardians, churches, religious organizations, civic associations, etc. –
develops and exacts conformity with acceptable moral and ethical values.

It is expected that members of the community will cooperate with law enforcers
and investigators having knowledge of facts relevant to the investigation or
prosecution of crimes, by reporting them and giving evidence against the offenders.
Attorneys in legal practice, or pertaining to associations committed to giving legal aid
to indigent or otherwise deserving individuals should be reckoned as part of the fifth
component of the criminal justice system, the community. They participate directly or
indirectly in the criminal justice system by giving advice to or representing, person
involved in criminal actions before the proper authorities.

Government institutions that play a role in the criminal justice system are
included in the community component, such as the Bureau of Posts which delivers
court notices; the commission of Immigration and Deportation (CID) which may
prevent the departure of suspects from the country; the Bureau of
Telecommunications – which transmits communications by telephone, telegram or
radio; and the government hospitals and medical centers (like the National
Psychopathic hospital) – which furnish experts who may enlighten the courts on
issues involving medical or other sciences, etc. Private institutions and civic
organizations should also be deemed part thereof, since they may also have roles to
play in the criminal justice system.

Assessment of the capacity of the pillars of the Philippine criminal justice

system

Claimholders in the Administration of Justice

As duty holders they have the responsibility to assist law enforcement and the
courts in solving crime by providing information, by community participating 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

30
justice system and they play critical roles in holding system duty holders accountable.
The community as a subsystem of the whole cyclical process is the most critical and
useful component of the Criminal Justice System considering its massive and
pervasive composition. This also plays a crucial role towards the society’s common
goal of a fair and equal administration of justice – either victims or criminals.

The importance of the community pillar cannot be over-emphasized. In its own

manner, it ideally participates in two main responsive roles of the Criminal Justice
System: first, that of crime prevention and second that of victim prevention. As for
the first, this pillar collectively imposes limitations on individual behavior of citizens
that deter criminality and criminal behavior for the common good of civilized and
democratic society. Meanwhile, in relation to the second, it has been recommended
that communities must disseminate more information regarding the roles and
functions of the other components of the Criminal Justice System, as well as broaden
its own, in order to responsively contribute to victimization prevention.

Ultimately, criminals will come from the community and some will return to it.
From this alone, it can be seen how much impact the Community Pillar can have in
the rendition of justice. By participating in government programs, though not entirely
related to the criminal justice system such as livelihood programs and the like, the
community can therefore help lessen the crimes by diverting what would be criminal
enterprise into something more productive. Additionally, by aiding in the capturing of
criminals in their subsequent prosecution, they can likewise ensure proper and just
redress for crimes.

LESSON 2: FUNCTION OF THE COMMUNITY PILLAR

It is the unique feature of the Philippine Criminal Justice System to have the
community pillar as its fifth pillar. The community in this context refers to the
elements that are mobilized and energized to help authorities in effectively
addressing the law-and-order concern of the citizenry.

As a subsystem of the criminal justice system, the community is the most

critical and useful component view of its massive and pervasive composition.
Enlightened and cognizant of their roles in the maintenance of peace and order as
well as in the dispensation of justice, people of the community must be actively
involved in providing assistance and support to crime prevention activities particularly
in improving the police, detection and prosecution of crime prevention programs and
projects are community.

Peace and Order Councils (POC’s) at the National, Regional, provincial and
city/municipality levels were reorganized and revitalized “to ensure more
comprehensive and effective coordination of government efforts and the active
participation of the citizenry relative to the national campaign against criminality and
insurgency.” At the national level, the Secretary of the National Defense and Vice
Chairman of the National Police Commission as Vice Chairman and Secretary
General respectively.

It is in the Barangay where the community involvement in the criminal justice

process is institutionalized, the smallest political unit of the nation. Barangay or

31
village courts to provide for a community-based mechanism for the amicable
settlement of disputes by conciliation panels chosen by litigants themselves. The
conciliation body is the “Lupong Tagapayapa” which is the equivalent of “Chotei” of
Japan, the “Panchayat” now known as the “Union Council in Pakistan” and the
neighborhood conciliation committee in China. The settlements and arbitration ward
of the panel have the force and effect of the final judgment of a court.

The personnel oriented approached to the dispensation of justice within a

faster and shorter time frame, lesser rigor and much cheaper costs is exemplified by
the Barangay System. Its performance over more than 15 years shows that it is one
sure mechanism of diverting cases of petty crimes and civil cases from the judicial
system. The amicable settlement of disputes and ensure the preservation of the clear
personal within the Barangay.

The People’s Law Enforcement Board (PLEB) represents the community

which is a body created in every city/municipality to decide citizen’s complaints on
cases filed against erring officers and members of the Philippine National Police.

The active participant of non-government organizations (NGOs), people

organizations (POs), business groups and civic and professional organizations is
evident by their implementation of various projects which are aimed at assisting in
the improvement of public services such as the putting up of Police Boxes and
donating financial and logistical resources, and the like; supporting the investigation
and prosecution services; providing employment opportunities, technical assistance
and skills training of inmates, probationers and parolees; and involvement in the
implementation of a Criminal Justice Information Program, among others.

LESSON 3: OPERATION OF THE COMMUNITY PILLARS IN THE CRIMINAL

JUSTICE SYSTEM
There is a need for the community to be involved in fighting crime. The
potential within the communities is seen in the many groups of people, who through
concerted efforts/actions, march, collect signatures of petitions, pressure public
officials, organize neighborhood street watches, open youth recreation centers, start
street children’s tutorial programs, establish shelters for battered women and most
importantly, call the attention of the public to the very real toll that crime exacts on the
quality of both personal and community life becoming thus as organized
communities, powerful constructive forces for public safety, according to Atty. Zafra.

She further said that the community is a partner in solving and preventing
criminal activities and that at the center of community policing are three essential and
complementary core components which are:

1. Community Partnership – Which recognizes the value of bringing the people

back into the policing process. Thus, all elements of society must pull together as
never before, if the unacceptable levels of crime claiming our neighborhoods are
to be dealt with;

32
2. Problem Solving – Identifies the specific concerns that community members feel
are most threatening to their safety and well-being, which become priorities for joint
police – community interventions.
3. Change Management – Which requires a clear recognition that forging
community policing partnerships and implementing problem-solving activities will
necessitate changes in the organizational structure of policing. Properly managed
change, involves a recognition of the need for change, the communication of a clear
vision that change is possible, the identification of the concrete steps needed for
positive change to occur, the development of an understanding of the benefits for
change, as well as the creation of an organization – wide commitment to change.

Community network – mobilizing the community

Atty. Zafra said that crime cannot easily be controlled by simple approaches
nor is left solely to the traditional pillars of the Criminal Justice System to address
considering that it is a complex social problem. There is a need for a more
comprehensive model of social control and developing healthier communities through
a more effective systems paradigm will strengthen the mechanism of social control.
Without a community organization use of community resources including
neighborhood businesses, resident skills, etc. a community empowerment cannot
occur; hence there is a need to further develop them. Citizen participation is required
and a long-term commitment from various sectors of the community such as labor
unions, media, local governments, churches, schools, charitable and religious
organizations, civic clubs, family groups, social service agencies, non-government
organizations, etc. in order to become successful.

The community as a pillar of the Philippine Criminal Justice system is

represented in the Technical Committee on Crime Prevention and Criminal Justice
System under the NAPOLCOM, and has been engaged and concerned with raising
the consciousness and awareness of the Filipino about the workings of the CJS
pillars through its information, education and communication program. Programs of
the Pillar include, among others:

1. Airing of “Bantay Katarungan” Radio Program;

2. Production, printing and distribution of the Criminal Justice System Posters
and Primers;
3. Production of a 60 seconds TV and Radio Plugs dubbed as “Maging Listo 1
and 2”
4. Production, printing and distribution of the “Broadcaster’s Manual”;
5. First National Conference Workshop on Drug Abuse, Prevention And Control;
6. Criminal Justice System Trainers’ Training Program,
7. Echo-Seminar on the Criminal Justice System Trainers’ Training Program;
and
8. Integration into Grade School and High School Curricula of the Criminal
Justice System (CJS) Concepts.

Application

Direction: Do not write anything on the module. In the rubrics for the

33
Essential questions, write your answers using separate sheet of paper.

1. What is the function of community as pillar of CJS?

Direction: Please provide another sheet of paper for your answer:

1. Give the description of the community.

2. Explain briefly the function of the community pillar.

3. Discuss the operation of the Community Pillars in the Criminal Justice

System.

34
 UNIT VI
PROBLEMS ON THE CRIMINAL JUSTICE SYSTEM

The Philippine Criminal Justice System’s present state is indeed alarming and
the alarm is continuously intensifying in spite of concerted efforts to initiate reforms,
from both the government and on-government sectors of the community, which are
equally driven by a unified purpose to establish a criminal justice system that is truly
responsive to the escalating demands of the changing times.

Learning Outcomes
At the end of this unit, you are expected to:
1. Identify the four (4) salient Philippine Laws on corruption;
2. discuss the strategies to effectuate Anti-Graft and Corruption Laws; and
3. explain the relevant agencies and institutions in the Philippine Criminal
Justice System.

Activate Prior Knowledge

Direction: Please provide another sheet of paper for your answer. What is your
idea of Community as Pillar of CJS?

LESSON 1: PROBLEMS ON THE CRIMINAL JUSTICE SYSTEM

The Philippines is ranked 121 in 2006 and 131 in 2007 of the 180n countries
included in the survey according to the latest Transparency International Corruption
Perception Index. However, the Philippines’ score was unchanged at 2.5 points with
10 indicating lowest level of perceived corruption. The slippage was due to the fact
that other countries have made improvements in dealing with corruption. The
guarantees provided under the constitution, inter alia, the right to life, property and
liberty; free access to courts and adequate legal assistance; the so-called Miranda
rights; the right to counsel; presumption of innocence, and the right to a speedy trial,
remain but melodious words if significant attention is given to the state of the criminal
justice system nowadays.

35
 In view of the prevailing conditions besetting the criminal justice system, it is
no wonder that President Gloria Macapagal – Arroyo herself has initiated concrete
action on the issue of corruption and has included in her principal schema of
government socio-economic concerns on social justice.

Foreign and local various studies conducted have yielded almost one and the
same conclusion out of several issues, concerns and ramifications attending the
mortifying criminal justice system. The blame has always been ascribed to:

1. Inefficiency;
2. Incompetence;
3. Irresponsibility;
4. Gender-insensitivity;
5. Insufficient budgetary allocations.

It appears however, that the enumeration of the factors crushing the criminal
justice system can be simplified as it boils down into one factor, id est, corruption.

The following are contemplated by corruption:

1. Abuse of public trust;

2. The act of bribing;
3. The act of profiteering;
4. Immorality;
5. Breach of faith;
6. Breach of trust;
7. Bribery;
8. Complicity; and conduct involving graft.

Technically, it is an act done with intent to give advantage inconsistent with

official duty and the rights of others.

It includes bribery, but is more comprehensive because an act may be

corruptly done through the advantage to be delivered from it is not offered by
another. (Magallanes vs. Provincial Board, 66 Official Gazette 7839) It involves
certain acts of unduly taking advantage of one’s office for personal gain or purpose at
the expense of another and in blatant violation of the law. Significantly, the end result
of the dilemma continuously intensifies and reinforces public apathy and consequent
loss of faith in the country’s justice system. It creates the impression that justice is for
the powerful and mighty, bright and wealthy people who have the capacity to buy
justice at their price and in the way that favors them, or in any matter that satisfies
that palate of the corruptor.

LESSON 2: SALIENT PROVISIONS IN THE PHILIPPINE LAW ON CORRUPTION

The 1987 Constitution

It is a declared policy of the Philippine government to fight against corruption

and the same is clearly laid down in its fundamental law mandating that:

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 “The state shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption” (Sec. 28, Art. II, 1987
Constitution).

This policy is founded upon the fundamental principle that a public office is a
public trust, whereupon all civil servants must serve the people with “utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead
modest lives” (Sec. 1, Art. XI, id).

The Revised Penal Code

The Revised Penal Code is a compilation of laws, which defines and penalizes
acts such as those committed by public officials in the performance of their official
duties. Some of the offences are: bribery (Art. 210); indirect bribery (Art. 211);
qualified bribery (Art. 211 – A); corruption of public officials (Art. 212); frauds against
the public treasury (Art. 213); and malversation of public funds or property (Art. 217).

The Law on Forfeiture of Ill – Gotten Wealth

The Philippine Congress enacted Republic Act No. 1379 to authorize the
forfeiture in favor of the State of property of a public officer or employee which is
manifestly out of proportion to his or her salary as such public official or employee
and his or her other lawful income and the income from his or her legitimately
acquired property.

In this respect, Art. XI Sec. 15 supports the 1987 Constitution thereof which
states that:

“The right of the state to recover properties unlawfully acquired by public

officials or employees from them or from their nominees or transferees, shall not be
barred by prescription, laches or estoppel.”

The Anti-Graft and Corrupt Practices Act

The most important anti-corruption law in the country is Republic Act No.
3019, otherwise known as the Anti- Graft and Corrupt Practices Act. It essentially
punishes acts constituting betrayal of public trusts in the offenders, as public officials
and employees, are mandated to protect government coffers and fiscal resources.

First and foremost, not only the acts or omission enumerated therein are
penalized by law, but also such other acts that may lead to the commission of graft
and corrupt practices. The acts punishable under the law are in the nature of malum
prohibitum so that it is the commission of the acts defined by law and not its
character or effect that determines violation thereof.

Secondly, it applies to public officers and to private individuals alike; not only in
cases where there is proven conspiracy, but also when a private citizen induces a
public official or employee into committing any of the prohibited acts.

Finally, the anti-graft law is stern and punishes acts which do not necessarily
result in damage or injury to the government so that the mere act persuading,

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inducing or influencing another public officer to perform an act constituting violation of
rules and regulations duly promulgated by competent authority constitutes a violation
of the law

LESSON 3: RELATED LAWS PERTINENT TO CORRUPTION CONTROL IN THE

CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES

Republic Act No. 6713

There are other prohibited acts and transactions, at least analogous to those
enumerated under the anti-graft law and similarly imposed upon public servants
under Section 7 of the law (Republic act No. 6713), otherwise known as the Code of
Conduct and ethical Standards for Public Officials and employees.

Executive Order No. 292

There are 30 disciplinary grounds against any officer or employee of the civil
service under Administrative Code of 1987. While the matter is administrative in
character, it equally serves as a checking and monitoring mechanism on bureaucratic
malfeasance, misfeasance and nonfeasance.

Republic Act No. 7080

The act of plunder; amassing, accumulating or acquiring ill-gotten wealth by

a public officer in the aggregate amount or total value of at least P50M (Philippine
Peso) through the means or schemes enumerated therein which are defined and
punished by this particular legislation.

Relevant Agencies and Institutions

There are courts, tribunals and government agencies that undertake the
implementation and/or investigation and adjudication of corruption cases which may
be criminal, civil or administrative in nature. The Office of the Ombudsman
specifically is mandated to serve as the lead agency in the total war against graft and
corruption with the ultimate objective of restoring integrity and efficiency in the
government service.

Office of the Ombudsman

The key implementer of anti-graft and corruption laws is the function of the
Ombudsman, specifically for gathering of evidence, and investigation and
prosecution of corruption cases involving high ranking public officials.

Under the 1987 Philippine Constitution and the Ombudsman Act of 1989, the
Office of the Ombudsman independently monitors all three branches of the
government for political corruption. The Ombudsman "is principally tasked to
investigate on its own or upon complaint by any person, in any form or manner, any
act or omission of any public officer or employee, including those in government-
owned or controlled corporations, which appears to be illegal, unjust, improper or
inefficient.” After an investigation, the Ombudsman files charges at the
Sandiganbayan, a special anti-graft court.

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 The Offices of the Ombudsman includes the Ombudsman's own office, along
with offices for a team composed of a Sheriff, the Ombudsman's second in
command, and six other deputies who lead their respective divisions or bureaus.

Mandate

The Ombudsman as protectors of the people, they shall act promptly on

complaints filed in any form or manner against officers or employees of the
Government, or of any subdivision, agency or instrumentality thereof, including
government owned or controlled corporations and enforce their administrative, civil
and criminal liability in every case where the evidence warrants it in order to promote
efficient service of the Government to the people (Section 13, R.A. No. 6770; see
also Section 12 Article XI of the 1987 Constitution).

The complaints filed against high-ranking government officials and/or those

occupying supervisory positions, complaints involving grave offences as well as
complaints involving large sums of money and/or properties shall be given priority by
the Ombudsman (Sec. 15, R.A. No. 6770).

Five Major Functions

Power of Investigation
Firstly, the ombudsman has the power to investigate anomalies and
inefficiency. Unique prerogatives are exercised by the Ombudsman. He or she does
not only conduct the preliminary investigation of cases which may be filed at his or
her office. He or she even has the authority to conduct the fact-finding investigation
to gather evidence.

The Ombudsman administers oaths, issues subpoena and takes testimony in

any investigation or inquiry. He or she has the power to punish for contempt and
grant immunity to any vital witness. He or she is the only authority other than the
courts of law who may order the examination of the bank accounts of a person under
investigation pursuant to Section 15 of the Republic Act N0. 6770.

1. Prosecution
 The Philippine Ombudsman has the power to prosecute graft cases
before the courts. He or she has the power of Special Prosecutor to
prosecute cases in the Sandiganbayan. He or she deputizes regular
prosecutors to handle cases in the regular courts.

2. Administrative Adjudication
 The Ombudsman also holds disciplinary authority over all elected and
appointed officials, except members of Congress and the Judiciary
and Impeachable officials. With this power, he or she may conduct
administrative proceedings and impose administrative penalties where
the erring public official or employee may be suspended or dismissed
from public service.

3. Public Assistance
 Under the law, he or she may require public officials and employees to
render assistance to the people. This traditional role of all ombudsman

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 systems is very much performed by the Philippine Ombudsman such
that it has acted upon and successfully secured relief in multiple
instances of requests.

4. Graft Prevention
 The office of the Ombudsman embraces the study and adoption of
ways and means to minimize, if not eliminate, opportunities for
committing corruption and to heighten people’s awareness of the evils
and solicit their cooperation in its eradication.

The Sandiganbayan

Jurisdiction

The Sandiganbayan is also known as the anti-graft court, which exercises

exclusive original jurisdiction

over criminal cases committed in relation to office involving:

1.High ranking officials (i.e. public officers assuming positions with salary grade 27 or
higher);
2.Members of congress and officials thereof classified as Grade 27 and higher under
the Compensation and Position classification Act of 1989;
3.Members of the Judiciary, without prejudice to the provisions of the Constitution;
4.Chairmen and members of Constitutional Commissions, without prejudice to the
provisions of the Constitution;
5.All other national and local officials classified as Grade 27 and higher under the
Compensation and Position Classification Act of 1989
6.Other offences or felonies committed by the public officials and employees
mentioned in subsection (a) of this section in relation to their office; and
7.Civil and criminal cases filed pursuant to and in connection with Executive order
Nos.
1,2,14and 14-A

Procedure

Batas Pambansa Blg. 129 prescribed procedures, as well as the implementing

rules that the Supreme Court has promulgated and may hereafter promulgate,
relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals
and petitions for review filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the Supreme Court, the office of the
Ombudsman, through its special prosecutor, shall represent the people of the
Philippines except in cases filed pursuant to Executive Orders Nos. 1, 2, 14 and 14-
A.

“In Case private individuals are charged as co principals, accomplices or

accessories with the public officers or employees, including those employed in
government-owned or controlled corporations, they shall be tried jointly with said
public officers and employees in the proper courts which shall exercise exclusive
jurisdiction over them.”

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 “Any provision of law or Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil liability
arising from the offence charged shall at all times be simultaneously instituted with,
and jointly determined in, the same proceeding by the Sandiganbayan or the
appropriate courts, the filing of the criminal action being deemed to necessarily carry
with it the filing of such civil action separately from the criminal action shall be
recognized: provided, however, that where the civil action had heretofore been filed
separately but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court as the case may be,
for consolidation and joint determination with the criminal action, otherwise the
separate civil action shall be deemed abandoned.”

The Commission on Audit

This is a constitutional body possessing the power, authority and duty to

examine, audit and settle funds and accounts pertaining to government.

The Civil Service Commission

The central personnel agency of the Philippine Government is the Civil Service
Commission (CSC). It is one of the three independent constitutional commissions
with adjudicative responsibility in the national government structure; it is also tasked
with rendering final arbitration in disputes and personnel actions on Civil Service
matters.

The CSC is in charge of recruitment, building maintenance and retention of

competent, professional and highly motivated government workforce truly responsive
to the needs of the government’s client – the public.

Regular Courts

In corruption cases involving low ranking officials, defendants and prosecuted

before the regular courts, i.e. Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts, depending on the gravity of the offense charged. In these
cases, the Prosecutors of the Department of Justice (DOJ) are deputized by the
Ombudsman to handle them.

Presidential Commission against Graft and Corruption (PCAGC)

The Commission, acting as a collegial body, shall have the authority to

investigate or hear administrative cases or complaints against all presidential
appointees in the government and any of its agencies or instrumentalities (including
members of the governing board of any instrumentality, regulatory agency, chartered
institution and directors or officers appointed or nominated by the President to
government owned or controlled corporations or corporations the government has a
minority interest or who otherwise represents the interest of the government),
occupying the positions of assistant regional director or an equivalent rank and
higher, otherwise classified as Salary Grade 26 and higher of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758). In the same manner, the

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 Commission shall have jurisdiction to investigate a non-presidential appointee
who may have acted in conspiracy or may have been involved with a presidential
appointee or ranking officer mentioned in this subsection. The Commission shall
have no jurisdiction over members of the Armed Forces of the Philippines and the
Philippine National Police.

Strategies to Effectuate Anti-graft and Corruption Laws

The strategies in combating corruption encompasses the measures and

procedures employed by all other disciplining authorities as it basically responds to
the requirements of due process. The two general strategies are:

1. Confrontational Approach
Administrative and criminal investigation and prosecution of erring government
officials and employees is under the confrontational approach.it includes the fact
finding and intelligence operations within the limits of the law to build up the
evidentiary requirement against the corrupt public servant. In the Philippine setting, it
is only the Ombudsman, other than the courts of law, which may order the
examination of the bank accounts of persons under investigation, pursuant to
republic Act no. 6770, Sec 15. From case build – up, there ensue two possible
actions.

The first is the conduct of preliminary investigation for the purpose of

prosecuting a criminal action. If the evidence gathered during the fact-finding
operations would sufficiently support the case, a criminal action shall be filed with the
Sandiganbayan for high-ranking officials and in the ordinary courts for low – ranking
officials.

The second possible action is the conduct of formal administrative investigation

by the Ombudsman, the appropriate head of the agency or of any other specialized
disciplining authorities as may be appropriate in the matter.

Respondents may be ordered to suffer preventive suspension up to a

maximum duration of six months at the discretion of the disciplining authority and
when warranted by the attending circumstances during the conduct of administrative
proceedings. The public official or employee is given a penalty of reprimand, fine
suspension or dismissal from the public service with forfeiture of benefits if he is
found guilty of the charge.

Outline of Procedure at the Office of the Ombudsman

a. Filling of Complaint
b. Evaluation of complaint
c. Fact-finding investigation (in administrative cases)
d. Preliminary Investigation
e. Formal Administrative Investigation (in administrative cases)
f. Issuance of Resolution
g. Notice to parties
h. Motion for reconsideration
i. Appeal
j. Execution

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Outline of Procedure at the Regular Courts

a. Prosecution of Offences
b. Preliminary Investigation
c. Arrest/Apprehension
d. Posting of Bail
e. Arraignment
f. Pre-Trial
g. Trial
h. Judgment
i. Motion for New Trial/Reconsideration
j. Appeal
k. Execution

2. Psychological Approach
Combating corruption in the criminal justice system in this strategy involves
the revival and/or revitalization of sound moral values known and acceptable to the
community. In a particular locality or of the entire nation in general, the cultural and
social orientation of individuals are considered. It addresses the psyche of the
Filipinos as it goes directly to the milieu of Philippine society.

In order to strengthen the citizenry against temptations of wrongdoing or

misdeeds both in the bureaucracy and in the community, moral values that are fitting
and becoming of a public servant are cultivated. This approach harmonizes with the
government’s effort to renew public servants’ moral personality which calls for
internal transformation of the public servant.

Through constant dialogues, seminars and workshops on team building,

values formation, gender sensitivity, social interaction and other related activities, the
members of the bureaucracy are kept conscious and aware of their vital role and
solemn missions as civil servants. In this manner, the entire community is being
mobilized to cooperate, participate and initiate moves on their own and do their
humble share in fighting corruption in the system.

SPECIFIC PROBLEMS RELATING TO CORRUPTION IN THE CRIMINAL

JUSTICE SYSTEM

The problems that impede the intelligent investigation, prosecution and trial
of corruption cases, as well as in the effective implementation of corruption of laws,
may generally include the following:

1. Lack of proper coordination between investigators, prosecutors, judges and

witnesses;
2. Technical inefficiency of key players (law enforcers, judges and prosecutors)
in the performance of their respective duties;
3. Obsolete rules of procedure that entail unnecessary delay in the disposition of
cases;
4. Lack of effective community – based information and education programs and
activities;

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 5. Involvement of partisan politics in the appointment of law enforcers,
prosecutors, judges and other related personnel that disturbs the integrity and
autonomy of the judiciary and other agencies;
6. Meager budgetary allotment to court personnel, law enforcers, prosecutors
and public defenders;
7. Inadequacy of training in investigation and handling of evidence;
8. Non-appearance of witnesses during preliminary or formal investigation;
9. Failure of police officers to effect arrest. (Frequently, police officers file a
return stating that the warrant of arrest could not be served for the reason that
the accused could not be contacted at the given address despite several
attempts);
10. Difficulty of securing the presence of police witnesses and when they do
appear in court, they are not prepared.
11. Lack of communication skills when testifying.

In the criminal justice system, the role of the prosecutors cannot be underrated.
Their cardinal duty is to uphold and advance the interests of the state within its
jurisdiction. It is their task to evaluate police reports, resolve cases by filing the
appropriate information and/or dismissing the complaint. In this respect, they are
considered to have a wider range of discretion than any other police officer
considering that the prosecutor may keep the case or otherwise open it for further
action.

Summary of the Different Philippine Laws Pertinent to the Administration of

Criminal Justice System

Title Description
PNP BPAT Manual prescribes the Peacekeeping Operations and
Ethical Doctrine for Barangay Barangay Peacekeeping Action Team
PNP Ethical Doctrine Manual Doctrine for the Philippine National
Police. Its purpose is to provide moral
and ethical guidance to all PNP
members.
PNP Ethics Value Formation Manual All members of the PNP shall faithfully
observe and take to heart the provisions
of this Ethics and Values
Formation Manual Towards this end, a truly capable,
efficient and credible police organization
shall be developed whose uniformed
personnel shall be endowed with an
ethical and moral understanding of their
responsibilities as police officers and
peacekeepers.
PNP Standard Uniforms Detailed description of PNP GOA Type
“A” and “B”
Revised PNP Operational Procedures Regardless of the type of function to be
performed and/or police operations to
be conducted, all PNP personnel must
know by heart and shall comply and
apply these operational procedures.
RA 6713 An act establishing a code of conduct
and ethical standards for public officials

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 and employees, to uphold the time-
honored principle of public office being
a public trust, granting incentives and
rewards for exemplary service,
enumerating prohibited acts and
transactions and providing penalties for
violations thereof and for other
purposes.
RA 6975 An act establishing the Philippine
National Police under a reorganized
Department of the Interior and Local
Government and for other purposes.
RA 7610 An act providing for stronger deterrence
and special protection against child
abuse, exploitation and discrimination
and for other purposes.
RA 7877 An act declaring sexual harassment
unlawful in the employment, education
or training environment and for other
purposes section.
RA 8551 An act providing for the reform and
reorganization of the Philippine National
Police and for other purposes,
amending certain provisions of republic
act numbered sixty nine hundred and
seventy five entitled, “an act
establishing the Philippine National
Police under a reorganized Department
of Interior and Local Government and
for other purposes."
RA 9165 An act instituting the comprehensive
dangerous drugs act of 2002, repealing
Republic Act No. 6425, otherwise
known as the dangerous drugs act of
1972, as amended, providing funds
therefore and for other purposes.

Application
Direction: Answer the following in a separate sheet of paper.
1. What are contemplated by corruption?

Direction: Answer the following in a separate sheet of paper.

1. Identify the four salient Philippine Laws on corruption and explain each

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 briefly.
2. What is the function of the Ombudsman and Sandiganbayan in the
investigation of corruption cases among government employees and
officials?
3. Choose two (2) related laws pertinent to corruption and state your
understanding on each chosen law.

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