CLJ 1 Moduledocx
CLJ 1 Moduledocx
CLJ 1 Moduledocx
1. Remember the role of the Criminal Justice System in Crime prevention and
control.
2. Understand the pillars of criminal justice system and explain their role and
how they process a person until he can be referred to as a criminal.
3. Analyze the American Justice System from that of our country’s justice system.
4. Understand the origin of justice and early concepts and types of justice.
5. Analyze the mission, vision and objectives of the CJS.
6. Understand the general function and operation of the criminal justice system.
7. Evaluate fully the importance of the five pillars of the CJS.
8. Understand the objectives of the CJS.
9. Evaluate the respective responsibility in the maintenance of peace and order
in the community.
10. Evaluate the loop holes and recommended solutions to some problems.
11. Analyze our Criminal Justice System with other countries.
12. Evaluate the benefits and objectives of Restorative Justice and trace its
evolution and how it can change the modern concept of justice.
TOPIC 1
Introduction to Criminal Justice System: Concepts
OBJECTIVES:
At the end of the lesson, the students are expected to:
● explain the concept of the Criminal Justice System.
● appreciate the functions of the five pillars.
● understand the various terminologies used in studying this course.
INTSTRUCTIONAL MATERIALS
Introduction to CJS handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
Introduction to Criminal Justice System
Criminal Justice System – 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 i s an integrated apparatus that is concerned
with the following;
● apprehension,
● prosecution,
● trial,
● conviction,
● sentencing and
● 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 party.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Research on Terminologies
Research the definition of the following terms and present it using the table
below.
Terminology Definition Source/s
1. Crime
2. Criminal
3. Law
Enforcement
4. Prosecution
5. Court
6. Correction
7. Community
Activity 2. Think of the words or ideas that you associate with the word crime. Write
these on the white circles. After filling up all the circles, blend all the ideas to come
with a brief definition of the word crime.
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine criminal justice system.
Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines.
TOPIC 2
The Essence of Justice
OBJECTIVES:
At the end of the lesson, the students are expected to:
● understand the essence of justice.
● differentiate the different types of justice.
INTSTRUCTIONAL MATERIALS
Essence of Justice handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
ESSENCE OF JUSTICE
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2. What is the rationale behind the blindfolding of the woman?
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3. What is the reason why the symbol is a woman?
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Activity 2. Mortimer J. Adler points out that it is easy to say what justice is in abstract,
but it is hard to determine what is just in any given particular case. We must not
confuse the question, “what is justice” with the question, “is the particular action
just?” Explain the following precepts of Adler regarding justice.
Precepts Explanation Examples
1. “render to each it’s
due”
2. “treat equals
equally and
unequal unequally
in proportion to
their inequality”
Activity 3. What can you say to our present justice system today? Present issues or
examples to justify your answer.
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REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 3
Law Enforcement Pillar
Police Activities
OBJECTIVES:
At the end of the lesson, the students are expected to:
● understand the roles and responsibilities of the law enforcement pillar.
● Identify the different law enforcement agencies.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
THE LAW ENFORCEMENT PILLAR
Law Enforcement
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;
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.
1.
2.
3.
4.
5.
Activity 2. 4 PICS ONE PHRASE
In each item, 4 pictures will be presented as clues in identifying the phrase related to
law enforcement. After knowing the phrase, give your own explanation.
ACTIVITY 3. As a student and part of the community, what will be your contribution in
making our society a safer place to be?
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REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009). Criminal justice ethics: theory and practice. (2nd ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine criminal justice system.
Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 4
Law Enforcement Pillar
Concepts and Theories
Police Discretion
OBJECTIVES:
At the end of the lesson, the students are expected to:
● identify the philosophies of police service.
● appreciate the importance of police discretion.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
THE LAW ENFORCEMENT PILLAR
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.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. As discussed above, police must be guided with sound judgment in
deciding what to do. However, in the Philippines, there are instances when police
discretion is being abused. Look for a newspaper clipping that shows abuse in police
authority. Cut and paste it below. Then answer the question.
If you are the police officer faced with the same scenario, how would you have
reacted with this situation?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Activity 2. What will you do?
You are a police officer assigned in a district wherein robbery is commonly
committed. One day, you arrived at a scene of local pharmacy where a local young
woman, Brooke, was caught attempting to steal a plastic bag full of medicines.
When questioned, she explained that she was trying to steal some medications so she
could sell it and make some money to help her mom pay for their rent. Brooke also
tells you that if they will not be able to pay the rent, they will be evicted from their
apartment. Brooke has never had any encounter with the police and starts sobbing
out of remorse for what she has done. You feel sympathetic towards her. What is the
best thing for you to do? Why?
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REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 5
Law Enforcement Pillar
Arrest
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable of the concepts of arrest.
● distinguish arrest with warrant and warrantless arrest.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
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.
WARRANT OF ARREST- 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 therein 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.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. CASE SCENARIO ANALYSIS. Read the given case and identify if the arrest
was valid or not? Why?
1. At around 8 o’clock in the morning, Mr. Mario Felizardo, a police asset went to
the Baguio City Police Office to inform the Chief of Police PSupt. Sherwin
Mercado that a certain person Mr. Nikko Villamar is in possession of a
marijuana breaks. Mr. Felizardo further told the Chief of Police that Mr. Villamar
will walk in an intersection beside the UC Legarda Campus at about 2 o’clock
in the afternoon of the same day. Because of the information gathered, Supt
Mercado formed the policemen in civilian clothes positioned themselves in the
said intersection. At about 2 o’clock in the afternoon, Mr. Felizardo pinpointed
a person walking across an intersection of UC Legarda Campus saying that
the person is Mr. Villamar. When that person already walked across the
intersection, the policemen arrested and searched him. It was found out that
the person was really Mr. Villamar and the bag he was carrying really
contained marijuana breaks. Was the arrest of Mr. Villamar valid?
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2. A policeman was investigating a crime which was just committed to determine
the identity of the perpetrator when he saw a suspicious looking person
walking across the street. Afterwards, the policeman arrested the person,
delivered him to the nearest police station, and filed a criminal case against
him even if he knew that there is no sufficient evidence which may show that
the arrested person was the one who committed the crime being investigated.
Was the arrest valid?
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3. PO3 Fianza saw a man with bloody clothing holding a bloody knife. The man
was even afraid and almost run away upon seeing PO3 Fianza. If you are PO3
Fianza, will you arrest the person even if you do not have a warrant of arrest?
____________________________________________________________________________
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REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 6
Law Enforcement Pillar
Search and Seizure
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable of the concepts of search and seizure.
● distinguish search from arrest.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
SEARCH and SEIZURE
DEFINITION OF TERMS:
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
f. 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.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. COMPARE AND CONTRAST. Using the table below, present the similarities
and differences of Warrant of Arrest and Search Warrant(Bulleted not in paragraph
form).
Similarities:
WARRANT OF ARREST SEARCH WARRANT
Differences:
WARRANT OF ARREST SEARCH WARRANT
ACTIVITY 2
Directions: Based on the given situations, identify what instances of warrantless search
are they.
1. The police officer, after arresting the man, searched him and was able to get
the murder weapon used.
Answer:
2. Maria, an OFW at Saudi sent a package to her family. Before the package will
be given to her family, the Bureau of Customs searched the package to
determine if there are contrabands placed there.
Answer:
3. A policeman was conducting a patrol when he saw a handgun by a person
whom he believed not to be a policeman. He asked for the license of the said
gun and the man did not have it. Therefore, the policeman seized the firearm.
Answer:
4. A policeman caught in the act a man stabbing a woman. The policeman
arrested and searched the man even without a warrant.
Answer:
5. A person suspected of possessing illegal drugs was being tailed by policemen.
Sensing he was being tailed, he confronted the policemen saying “I am not a
criminal and I am not doing something wrong. To prove that I am a law
abiding citizen, search me.” Because of what that person said, the policemen
searched him and they found two sachets of cocaine.
Answer:
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009). Criminal justice ethics: theory and practice. (2nd ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine criminal justice system.
Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 7
Law Enforcement Pillar
Custodial Investigation
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable about investigations conducted by Police.
● differentiate Interview from Interrogation
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
CUSTODIAL INVESTIGATION
What is custodial investigation? What are its requisites?
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.
INTERVIEW vs INTERROGATION
INTERROGATION- An 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 VS ADMISSION
CONFESSION Is the direct acknowledgement of guilt, while admission is the indirect
acknowledgement of guilt.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Composing Poem/Song. Police officers faces various challenges in their
jobs. Compose a poem or a song (at least two (2) stanzas). You may choose from the
following themes.
● the challenges of police officers (e.g. discrimination from the public)
● the abuses of police officers and how it may be addressed.
● The investigator’s job.
● other themes that is related with law enforcement.
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 8
Prosecution Pillar
Evolution of Prosecution
Overview of Prosecution
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable about investigations conducted by Police.
● differentiate Interview from Interrogation
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
HISTORY OF PROSECUTION
● The origin of the office of the prosecutor is found hundred of years ago in the
jurisprudential development and the common law of England.
● The general term attornatus w as 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 DEFINED
● Prosecution is the process or method whereby accusations are brought before the
court of justice to determine the guilt or innocence of the accused.
● Serving as the lawyer of the State/government in criminal cases, the prosecutor is
automatically considered an officer of the court; at the same time, he is formally a
member of the Department of Justice, under the Executive branch of the
Government, and thus independent from the judiciary.
● The prosecution service is made up of Provincial and City Public Prosecutors under the
National Prosecution Service (NPS). They perform to types of prosecutorial powers;
investigatory and prosecutory such as:
● They evaluate the police findings referred to them, or other complaints filed directly
with them by individual persons (e.g. government officers in charge of enforcement of
law violated);
● They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts
on the basis of their evaluation of the proofs at hand; and
● They prosecute the alleged offenders in court, in the name of the People of the
Philippines.
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.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Aside from the Public Prosecutors, there are also other prosecuting bodies
that are involved in special cases. Research at least five (5) other prosecuting bodies.
Activity 2. The Role of the Prosecutor. Identify the roles of prosecutors by comping up
with word/s/phrase/s that starts with each letter comprising the term PROSECUTOR.
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 9
Prosecution Pillar
Preliminary Investigation and Inquest Proceedings
OBJECTIVES:
At the end of the lesson, the students are expected to:
● appreciate the importance of preliminary investigation.
● differentiate preliminary investigation and inquest proceedings
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
● Additional Readings: Procedure in conducting preliminary investigation by the
investigating prosecutor
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
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 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.
A preliminary investigation 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)
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Read the procedure in conducting a preliminary investigation. Make a
diagram showing the step by step procedures undertaken by the prosecutor.
Activity 2. Read the difference between reasonable suspicion and probable cause.
Provide examples for each.
Terminology Definition Example Source/s
1. Reasonable
Suspicion
2. Probable
Cause
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. M
anila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 10
Court Pillar
OBJECTIVES:
At the end of the lesson, the students are expected to:
● Understand the role of court in the PCJS.
● Discuss the court hierarchy.
INTSTRUCTIONAL MATERIALS
Court Pillar handouts and power point
● Additional Readings: Types of Court Jurisdiction
DURATION: 3 hours
TEACHING-LEARNING ACTIVITY/LESSON PROPER
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 to preside over
and 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
● Metropolitan Trial Court Has jurisdiction over a violation of city municipal
● Municipal Trial Court ordinances and offenses punishable by
● Municipal circuit Trial imprisonment not exceeding six years
Court
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 of
Muslim Personal Laws of the Philippines”. Cases brought before
Shari’a District this court is civil in nature.
Court -These are courts of limited jurisdiction which are presided by
Shari’a Circuit District Judges
Trial Courts -These are 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.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Who’s Who in a Criminal Court. Identify the key personnel in courts (as
many as you can). Research the roles and responsibilities of each personnel.
ACTIVITY 3. COURT HIERARCHY. Draw a diagram or a flow chart of the Philippine Court
System based on the concept notes stated above.
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009). Criminal justice ethics: theory and practice. (2nd ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine criminal justice system.
Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 11
Court Pillar
Stages of Trial
OBJECTIVES:
At the end of the lesson, the students are expected to:
● enumerate the different stages of trial.
● appreciate the importance of each stage of trial in the administration of
justice.
INTSTRUCTIONAL MATERIALS
Court Pillar handouts and power point
● Additional Readings: What is Bail? What are the different types of bail?
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
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.
⚫ List of witnesses will also be given to the accused.
⚫ 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.
⚫ Plea bargaining (guilty or not guilty)
⚫ Stipulation of facts (specification)
⚫ Admission of facts
⚫ Marking documentary evidence (Prosecution 123; Defense ABC)
⚫ 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.
⚫ It must be written in the official language,
⚫ Personally and directly prepared and signed by the judge.
⚫ Must contain legal bases of decision
5. Appeal - the whole case is elevated to a higher court for review and final
adjudication.
⚫ Within 15 days – period of entering appeal from the date of
promulgation.
⚫ After 15 days – the decision shall be Final and Executory
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Draw a flow chart to present the court proceedings.
ACTIVITY 2. CROSSWORD PUZZLE. Find ten (10) words that are associated with the
Court Pillar. Research for the definition.
C R O S S F S H T U M C O U R T L V B N L G D S V E S O L R
O E V S I L N O E R O A S G L O V F H M I P B A R G F L P S
P V S I B R E D A H L S E P S M L G I N L S F P Z V B G I L
J K L E O S I S G D K D N D R A L E B R E I R O P A C A S E
A R O E V T I L N O E R O A C G L O V F H M I D B A R H S A
I D H L P F S H T U M F J P R O S E C U T I O N S V E O N D
N J K L E L S I O G D K D N O R A L E B R E I S O P A D T I
T R I A L S I L N O E R O A P G L O V F H M I C B A R H S N
I R E E S D N F R A K E H L S H S E D O D S E L A E D I K G
F I Y D E R D E F E N S E G A I L K E E S O D L S R E Y E S
F E Y U E E D R L O E R F A D L S D I K W I T N E S S W I R
L R C E S S I L N O E R O A S G L O V F H M I W B A R I D E
F C T U A D U W G R E D S T M S R A D E L F D R E R E I P I
A R C E V S I L N O E X O M I N T I O N H M I W B A T R TD
N C K L E L S I O G D K D N D R A L E B R E I S O P A D T S
A R O E V S I L N O E X A M I N T I O N H M I W B A T R TD
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. M
anila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 12
Correction Pillar
OBJECTIVES:
At the end of the lesson, the students are expected to:
● exemplify the role of correction in the Criminal Justice System.
● apply the different justifications of punishment.
INTSTRUCTIONAL MATERIALS
● Correction Pillar handouts and powerpoint
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
CORRECTION PILLAR
Correction is a branch of the Criminal Justice System concerned with the custody, supervision
and rehabilitation of criminal offenders.
Penology is the study of punishment for crime or of criminal offender. It includes the study of
control and prevention of crime through punishment of criminal offenders.
Why is Correction the weakest pillar of the Criminal Justice System?
Correction is the weakest pillar of the criminal justice system because of its failure to reform
and rehabilitate offenders and prevent them from returning to a criminal life.
Classifications of Corrections
a. Institutional correction deals with jails, prisons, and colonies where a convict is going
to serve his sentence.
b. Non-institutional correction deals with service of sentence of a convict outside an
institution. It is also known as community – based – treatment.
Justifications of Punishment
1. Retribution –Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law.
4. Incapacitation and Protection – the public will be protected if the offender has being
held in conditions where he cannot harm others especially the public.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility
of the offender.
PENALTY is defined as the suffering inflicted by the state against an offending member for the
transgression of law.
Juridical Conditions of Penalty
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human personality.
2. Commensurate with the offense – different crimes must be punished with different
penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Using the bubble chart, choose at least three (3) theories that will explain
why criminals should be punished. Add the explanation.
Activity 2. Choose at least one (1) justification of punishment. Then, draw a comics
strips to show how the justification can be observed.
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. M
anila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 13
Correction Pillar
Jail and Prison
OBJECTIVES:
At the end of the lesson, the students are expected to:
● differentiate prison and jail.
● be knowledgeable of other forms of non-institutional corrections.
INTSTRUCTIONAL MATERIALS
● Correction Pillar handouts and powerpoint
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
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.
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:
Insular or - Those sentenced to suffer a term of sentence of 3 years and 1
National day to life imprisonment.
Prisoners
Provincial - Those persons sentenced to suffer a term of imprisonment from 6
Prisoners months and 1 day to 3 years or a fine not more than 1,000 pesos,
or both
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.
Municipal - Those confined in Municipal jails to serve an imprisonment from 1
Prisoners day to 6 months.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. COLLAGE. Cut pictures of a jail and a prison. Paste it on the provided box
below. Distinguish the jail and prison.
Activity 2. Watch the Ted Talk entitled “What a world without prisons could look like”
by Deana Van Buren (you can access this clip through Youtube). Afterwards, write
your reflection regarding the topic discussed.
Activity 3. CROSSWORD PUZZLE
1
2
6
12
14
15
4
7
3
13
11
5
9
8
10
Across Down
1. Prisons are under the Department of ? 2. Prisoners who are sentenced to suffer a
term of sentence of 3 years and 1 day to life
imprisonment.
3. Punishment is imposed to warn potential 4. This is defined as the suffering inflicted by
offenders that they cannot afford to do the state against an offending member for
what the offender has done. the transgression of law.
5. This is a security facility, common to police 6. These are offenders who are committed
stations, used for temporary confinement of to the jail or prison in order to serve their
an individual held for investigation. sentence after final conviction by a
competent court.
8. Provincial jails are under the 7. Goal of Correction
government.
9. A place of long term confinement for 10. Jails are under Department of Interior
those convicted of serious crimes. and Local ?
13. The consequences of the punishment 11. Study of Punishment
must be in accordance with the law.
15. Short term detention facility for 3 years 12. Punishment should be equal to all.
and below.
14. Correction takes place when the
accused is found?
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine criminal justice system.
Manila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
TOPIC 14
Correction Pillar
The Prison System
Non-Institutional Corrections
OBJECTIVES:
At the end of the lesson, the students are expected to:
● enumerate the seven (7) correctional institutions in the Phils.
● understand the role of non-institutional corrections.
INTSTRUCTIONAL MATERIALS
● Correction Pillar handouts and powerpoint
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
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 Bilibibid 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.
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.
6. Commutation of Sentence- is an act of the President reducing the penalty of a
convict.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Putting yourself in the shoes of an offender. Let’s say you have committed a
crime and has been found guilty for it. The jail officers are escorting you to your cell.
1. Describe your probable emotions.
Activity 3. Pros and Cons. What are the advantages and disadvantages of
institutional based correction and non-institutional based correction?
A. INSTITUTIONAL-BASED CORRECTIONS
A. NON-INSTITUTIONAL BASED CORRECTIONS
REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.
REFERENCES:
● Banks, C. (2009).
Criminal justice ethics:
theory and practice.
(2nd
ed.) Los Angeles:
SAGE.
● Cano, G. J., Amante,
D.A., Fernandez, N.M. (2010) Philippine criminal justice system. M
anila: Mindshapers.
● Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus,
Tarlac City Philippines, 2011
● Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines