1|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A.

GOMONSANG

CRIMINOLOGY- body of knowledge regarding crime as a CRIMINAL JUSTICE

social phenomenon. • Simply means giving someone what is due to him.
-It includes within the scope the process of making laws, •Being fair and just
breaking laws and the society’s reaction towards the breaking
of the law. MISTAKES IN ADMINISTERING JUSTICE
1. Innocent is punished
CRIME - act punishable by public law, committed and/or 2. Guilty escapes the punishment
omitted by a competent person intentionally and/or 3. Guilty are punished more severe than necessary
voluntarily. 4. Guilty are punished less severe than necessary

FELONY – violations of Revised Penal Code TWO-FOLD ROLE OF JUSTICE

OFFENSE – violations of Special Laws 1. Prevention of Crime
INFRACTION – violations of Ordinance 2. Apprehension and delivery of justice to Criminal and the
State
CRIMINAL - the criminal is the main character of the Criminal
Justice System. CRIMINAL JUSTICE
defined as the system of law enforcement, adjudication, and
. Criminological Sense coercion that is directly involved in the apprehension,
A person who committed a crime regardless whether reported prosecution, and control of those charged with criminal
or referred. offense.
.Legal Sense
A person who was found guilty beyond reasonable doubt. CRIMINAL LAW
Criminal Law is that branch of public, which defines crimes,
NOMENCLATURES treats of their nature, and provides for their punishment.
1. At the police stage- SUSPECT.
2. At the Prosecutors office-RESPONDENT. TWO CLASSIFICATIONS OF CRIMINAL LAW
3. At the trial of the case in court-ACCUSED. A. SUBSTANTIVE
4. At the Correctional Institution- CONVICT -defines the elements that are necessary for an act to
5. After serving sentence, brought back to Community - constitute as a crime and therefore punishable.

B. PROCEDURAL
2|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

-refers to a statute that provides procedures appropriate for - the accused has the burden of proof
the enforcement of the Substantive Criminal Law. - the emphasis is on the conviction of the accused
2 BASIC PRINCIPLES OF CRIMINAL LAW IN THE THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
ADMINISTRATION OF THE CJS
1. Presumption of Innocence FIVE PILLARS OF PCJS
2. Burden of Proof
1. LAW ENFORCEMENT
BASIC CONCEPTS OF CRIMINAL JUSTICE SYSTEM
This pillar is comprised of the different law enforcement
agencies in the country such as the Philippine National Police,
CRIMINAL JUSTICE SYSTEM
the National Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs, the Bureau of
Criminal Justice System refers to the sum total of Internal Revenue, and the Land Transportation Office, among
instrumentation which a society uses in the prevention and many others.
control of crime and delinquency.
-POLICE pillar
It refers to the machinery of the state or government which
-prime mover of CJS
enforces the rules of conduct necessary to protect life and
-frontline of the CJS
property and to maintain peace and order.
-initiator of the system
-first contact of the law violator
It also comprises all the means used to enforce those
-It investigates, makes arrests and prepares evidence against
standards of conduct which are deemed necessary to protect
the suspects needed to prosecute them.
individuals and to maintain general community well being.

PHILOSOPHIES BEHIND THE CRIMINAL JUSTICE no

PHILIPPINE NATIONAL POLICE
1. Adversarial Approach
- a law enforcement agency under the DILG.
- assumes innocence
- under administrative control and operational supervision of
- the prosecutor has the burden of proof
the National Police Commission.
- the emphasis is given on the proper procedures
2. Inquisitorial Approach
- assumes guilt
3|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

It is an organization that is national in scope and civilian in 3. Investigate and prevent crimes, effect the arrest of
character, as provided by Section 6, Article 16 of the 1987 criminal offenders, bring offenders to justice and assist in
Philippine Constitution: “The state shall establish and maintain their prosecution;
one police force which shall be a national in scope and civilian
in character …” 4. Exercise the general powers to make arrest, search and
seizure in accordance with the Constitution and pertinent
- organized pursuant to RA 6975, as amended by RA 8551 as
laws;
further amended by R.A. 9708.
5. Detain an arrested person for a period not beyond what is
1. RA 6975 – “Department of the Interior and Local prescribed by law, Informing the person so detained of all his
Government Act of 1990” Approved on Dec 13, 1990
rights under the Constitution;
2. RA 8551 –the “PNP Reform and Reorganization Act of
6. Issue licenses for the possession of firearms and explosives
1998. - Approved on February 25, 1998.
in accordance with law;
3. RA 9708 – “An Act extending for 5 years the
7. Supervise and control the training and operations of
reglementary period for complying the minimum
educational qualification for appointment to the PNP security agencies and issue licenses to operate security
and adjusting the promotion system thereof”. agencies and to security guards and private detectives, for
Approved on August 12, 2009 the purpose of their professions.

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

POWERS AND FUNCTIONS OF THE PNP
I.LAW ENFORCEMENT
1. Enforce all laws and ordinances relative to the protection
of lives and properties; The Philippine National Police has the power to enforce laws
and ordinances relative to the protection of lives and
2. Maintain peace and order and take all necessary steps to property, such as the Revised Penal Code, other special penal
ensure public safety; laws and city and municipal ordinances.
4|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

II. CRIME PREVENTION WARRANT OF ARREST

- an order in writing issued in the name of the
Is the elimination of the opportunity for the commission of a People of the Philippines, signed by a judge and directed to a
crime. peace officer, commanding him to take a person into custody
in order that he may be bound to answer for the commission
III.POLICE PATROL of an offense.
Patrol has been described as the backbone of the police CIRCUMSTANCES OF WARRANTLESS ARREST:
department. Theoretically, patrol officers are the most
valuable people in the organization. Arrest without warrant; when lawful. – A peace officer or a
private person may, without a warrant, arrest a person:
IV. CRIMINAL APPREHENSION
a. When, in his presence, the person to be arrested has
- the legal term for criminal apprehension is arrest. committed, is actually committing, or is attempting to commit
an offense;
ARREST
b. When an offense has just been committed and he has
Arrest is the taking of a person into custody in order that he
probablecause to believe based on personal knowledge of
may be bound to answer for the commission of an offense.
facts or circumstances that the person to be arrested has
Modes of Arrest committed it; and

1. arrest by virtue of a warrant c. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
2. arrest without a warrant serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
”An arrest may be made on any day and at anytime of the
from one confinement to another.
day or night, even on a Sunday.”
SEARCH AND SEIZURE
WARRANT OF ARREST
Search refers to the examination of an individual’s person,
shall remain valid until the person to be arrested has been
house, papers or effects, or other buildings and premises to
arrested or has surrendered
5|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

discover contraband or some evidence of guilt to be used in f. Stop and frisk search, and
the prosecution of a criminal action. g. Exigent and emergency circumstances

SEARCH WARRANT CRIMINAL INVESTIGATION

- an order in writing issued in the name of the People of the is an art, which deals with identity and location of the
Philippine, signed by a judge and directed to a peace officer, offender and provides evidence of his guilt in criminal
commanding him to search for personal property described proceedings.
therein, and bring it before the court
NATIONAL BUREAU OF INVESTIGATION (NBI)
- has a validity period of TEN (10) days
 November 13, 1936 Commonwealth Act No. 181
- can be served only once within its validity period
The NBI is a government entity that is civilian in character,
and national in scope which is under the Department of
PERSONAL PROPERTY TO BE SEIZED Justice.

a. Subject of the offense; PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

b. Stolen or embezzled and other
proceeds, fruits of the offense; or  Republic Act 9165.
c. Use or intended to be used as the
means of the commission of the offense. o Implementing arm of the Dangerous Drug Board (DDB).

CIRCUMSTANCES OF WARRANTLESS SEARCH: o Head- Director General with the rank of

Undersecretary.
a. Warrantless search incidental to a lawful arrest under Sec.
12, Rule 128 Rules of Court o Assisted by 2 deputies Director General, with the rank
b. Seizure of evidence in plain view of Assistant Secretary, 1 for Operations and 1 for
c. Search of a moving vehicle Administration.
d. Consented warrantless search
e. Customs search
6|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

2. PROSECUTION State Prosecutor) pursuant to R.A. 10071, otherwise known

as the “Prosecution Service Act of 2010”.
 Prosecution is the course of action or process whereby
accusations are brought before a court of justice to PRELIMINARY INVESTIGATION
determine the innocence or guilt of he accused.
Preliminary investigation is an inquiry or proceeding to
 The party in a criminal proceeding who instituted the determine whether there is sufficient ground to engender a
criminal action is called the prosecution. wellfounded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for
 The party against whom the criminal action was trial (Sec. 112, Criminal Procedure, Rules of Court).
instituted iscalled the defense.
It is required to be conducted before the filing of the
 In all criminal prosecutions, the real offended party is information for an offense where the penalty prescribed by
the People of the Philippines. law is at least 4yrs, 2 mos. and 1 day.

THE PROSECUTOR  The purpose of conducting preliminary investigation is

to establish probable cause.
The prosecutor is the officer of the government whose
function is the prosecution of criminal actions partaking the PROBABLE CAUSE
nature of criminal actions. He is also referred to as public
prosecutor and fiscal.  refers to the existence of such facts and circumstances
as would excite a belief in a reasonable mind, acting
on the facts within the knowledge of the prosecutor,
THE NATIONAL PROSECUTION SERVICE (NPS) that the person charged is guilty of the crime for
which he is prosecuted. It is the degree of evidence
 Presidential Decree No. 1275 required in preliminary investigation.

The NPS is under the supervision and control of the

Department of Justice (DOJ) and is tasked as the prosecutorial
arm of the government. PERSONS AUTHORIZED TO CONDUCT PRELIMINARY
INVESTIGATION:
Headed by a Prosecutor General (formerly known as Chief
7|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

 Provincial or City Prosecutors and their assistants; made especially those arrests made without a
 Judges of the municipal trial courts and municipal warrant.
circuit trial courts
 National and Regional State Prosecutors; and  This process requires the prosecutors to resolve the
 Other officers as may be authorized by law. complaint the police filed in a prescribed period which
 Other officers as may be authorized by law: varies depending on the gravity of the offense:

 Tanodbayan’s special prosecutors as authorized by the o light penalties = 12 hours

Ombudsman o correctional penalties = 18 hours
 COMELEC’s authorized legal officers in connection o afflictive penalties = 36 hours
with election offenses
 Special prosecutors appointed by the Secretary of
Justice 3. COURT

COMPLAINT  as the third pillar, is said to be the centerpiece of the

 is a sworn written statement charging a person with criminal justice system and its primary and most
an, offense, subscribed by the offended party, any important function as a component of the criminal
peace officer or other public officer charged ,with the justice system is to decide whether the accused is
enforcement of the law violated. guilty or not guilty of the crime he is accused of
committing. It is within the power of this pillar to end
INFORMATION the process for the accused or to proceed with the next
pillar, which is correction.
 an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the JUDICIAL POWER
court.
 is the power to apply the laws to contests or disputes
concerning legally recognized rights or duties of and
between the state and the private persons or between
INQUEST PROCEDURE individual litigants in cases properly brought before the
judicial tribunals.
 Inquest procedure is an inquiry made by the duty
prosecutor to determine the legality of the arrest
8|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

POWER OF JUDICIAL REVIEW

 is the power of the Supreme Court to determine  1.General – when the court is empowered to decide all
whether laws passed by Congress and acts of the disputes which may come before it except those
President are in accordance with the Constitution when assigned in other courts.
the matter is raised.  2.Limited – when the court has the authority to hear
and determine only a few specified cases.
JURISDICTION  3.Original - when the court can try and hear a case
presented for the first time
 It is the authority of the court to hear and try a  4.Appellate – when the court can try a case already
particular offense and to impose the punishment heard and decided by a lower court, removed from the
provided by law. latter by appeal
 5.Exclusive – when the court can try and decide a case
VENUE which cannot be presented before any other court
 6.Concurrent – when any of two or more courts may
 Refers to the place, location or site where the case is to take cognizance of a case.
be heard on its merits.
THE PHILIPPINE JUDICIARY
REQUISITES FOR A VALID EXERCISE OF CRIMINAL
JURISDICTION:  Batas Pambansa Blg. 129

1. The offense is one which the court is by law authorized to  otherwise known as the Judiciary Reorganization Act
take cognizance of of 1980 which defines the organization, composition
2. The offense must have been committed within its territorial and jurisdiction of the courts.
jurisdiction
3. The person charged with the offense must have been 1. Regular Courts
brought to its presence for trial, forcibly, by warrant of arrest 2. Special Courts
or upon his voluntary submission
to the court.
I. REGULAR COURTS
KINDS OF JURISDICTION
1. SUPREME COURT (SC)
9|CLJ INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM/ NAHEF A. GOMONSANG

 the highest court of the land. ordinances,

 composed of a Chief Justice and 14 Associate Justices. (b) all offenses punishable with imprisonment not exceeding
 has appellate jurisdiction over cases decided by the six (6) years irrespective of the amount of fine,
Court of Appeals and has the power of judicial (c) damage to property through criminal negligence.
review.
 the court of last resort MUNICIPAL TRIAL COURTS (MTC)
MUNICIPAL TRIAL COURTS IN CITIES (MTCC)
MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
2. COURT OF APPEALS (CA) METROPOLITAN TRIAL COURTS (MeTC)
 headed by a Presiding Justice and composed of sixty-
eight 68) Associate Justices. II. SPECIAL COURTS
 has appellate jurisdiction over cases decided by the
Regional Trial Courts. 1. SANDIGANBAYAN
 It reviews not only the decisions and orders of the
Regional Trial  Presidential Decree No 1606.
 Courts nationwide, but also those of the Court of Tax
Appeals.  equal to that of the Court of Appeals and Court of Tax
Appeals.
3. REGIONAL TRIAL COURTS (RTC)  Presiding Justice and fourteen (14) Associate Justices.
 presided by a Regional Judge.  This special court is tasked to handle criminal cases
 has general jurisdiction over criminal cases and has involving graft and corruption and other offenses
jurisdiction over offenses punishable with committed by high ranking public officers and
imprisonment of six (6) years and one (1) day and over. employees in connection with the performance of their
 has appellate jurisdiction over cases decided by the functions.
MTCC, MTC,MeTC and MCTC.  It has original exclusive jurisdiction over public officers
accused of committing crimes in relation to their official
functions and whose salary grade is 27 and above.
Municipal Trial Courts/Municipal Trial Courts in
Cities/Municipal Circuit Trial Court/Metropolitan Trial Court 2. COURT OF TAX APPEALS (CTA)

Original Jurisdiction:  created by Republic Act No 1125, as amended

(a) all violations of city and municipal by Republic Act No 9282.
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 It is composed of a Presiding Justice and five (5) the stage where the accused is formally informed of
Associate Justices. the charges against him.
 It has both the original and appellate jurisdictions  the stage where the issues are joined in criminal action
over,civil and criminal tax cases involving the National and without which the proceedings cannot advance
Internal Revenue Code, Tariff and Customs Code and further
the Local Government Assessment Code.  requires that the accused be personally or physically
present in court.
3. SHARI’A COURTS
 created pursuant to Presidential Decree 1083, Second Stage: PRE-TRIAL
otherwise known as the Code of Muslim Personal Laws of the
Philippines. - a conference called by the judge that requires the presence
of both the prosecution and the accused before the beginning
- It has exclusive jurisdiction over cases that pertain to family of a trial
rights and duties as well as contractual relations of Filipino - mandatory in all criminal cases
Muslims. And decisions rendered by the Shari’a District Courts
are final. The following are to be taken up during the conference:
I. plea bargaining;
CRIMINAL PROCEEDINGS II. stipulation of facts;
III. marking for identification of evidence of the parties;
A criminal proceeding consists of five main stages or parts: IV. waiver of objections to admissibility of evidence;
a. Arraignment V. modification of the order of trial if the accused admits
b. Pre-trial the charge but interposes a lawful defense;
c. Trial VI. such other matters as will promote a fair and
d. Judgment expeditious trial of the criminal and civil aspects of the
e. Appeal case.

First Stage: ARRAIGNMENT PLEA BARGAINING

 the reading of the criminal complaint or information to the process whereby the accused, the offended party and the
the defendant, by the judge or clerk of court and asking prosecution work out a mutually satisfactory disposition of the
him whether he pleads guilty or not guilty as charged. case subject to court approval.
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Third Stage: TRIAL  3.when the accused expressly waives in wilting his right
to appeal and
Trial is the examination before a competent tribunal,  4.when the accused applies for probation
according to the laws of the land, of the facts put in issue in a
case, for the purpose of determining such issue. It is the period
for the introduction of evidence by both parties. Fifth Stage: APPEAL

 the period for the introduction of evidence by both  the elevation by an aggrieved party of any decision,
parties. order or award of a lower body to a higher body, by
 it shall in no case exceed 180 days the first day of the means of a document which includes the assignment of
trial, except as otherwise provided by the Supreme errors, memorandum of arguments in support thereof,
Court. and the reliefs prayed for.
 an appeal must be within fifteen (15) days from
Fourth Stage: JUDGMENT promulgation of judgment, the period for perfecting an
appeal.
Judgment of Conviction - if the judge finds the accused guilty  the accused may or may not appeal his case
of the charges against him.  when the accused decides not to appeal his case, the
decision
Judgment of Acquittal - if the judge finds the accused not  becomes final and executory
guilty of the charges against him.  on appeal, the State is represented by the Solicitor
General
Promulgation of Judgment - is an official proclamation or
announcement of the decision of the court. 4. CORRECTIONS
 The judgment is promulgated by reading in the
presence of the accused and any judge of the court in  It is the branch of administration of criminal justice
which it was rendered. charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.
A judgment becomes final: It also deals with punishment, treatment and
 1.when the period for perfecting appeal an appeal has incarceration of offenders
lapsed;
 2.when the sentence is partially or totally satisfied or
served;
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It is composed of the institutional and non-institutional deportment is not totally responding to

agencies of the government. rehabilitation programs

PENOLOGY 5. REHABILITATION
- a branch of criminology which deals with the treatment,  based on the premise that through correctional
management and administration of inmates intervention, such as educational and vocational
training and psychotherapeutic programs, an offender
PURPOSES/OBJECTVES OF MODERN CORRECTIONS: may be changed

1. RETRIBUTION 6. REINTEGRATION
 imprisonment is supposed to be the payment of the  the effort of correction to change criminal behavior
offender to the victim or the victims family for the should result in a situation and ability on the part of
crime he committed against him or them. the penitent offender to return to society in some
productive and meaningful capacity in a free
2. DETERRENCE community.
 imprisonment is supposed to discourage convicted
offenders from committing crimes again because of
their experience in the prison or jail
 at the same time, imprisonment is supposed to PENALTY
discourage  the suffering that is inflicted by the State for the
transgression of the law.
3. ISOLATION
 convicted offenders are separated from society to PUNISHMENT
prevent them from committing another crime  it is the redress that the state takes against the
 at the same time, imprisonment protects law-abiding offender member of society.
citizens from the harm criminals may inflict on them.
MITTIMUS
4. REFORMATION - is a warrant issued by a court bearing its seal and the
 this involves the use of punitive and disciplinary signature of the judge directing the jail or prison authorities to
measures such as solitary confinement to modify or receive the convicted offender for service of sentence.
reform criminal behavior whose conduct and
COMMITMENT ORDER
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- is a written order of a court or authority consigning a person VII. LEYTE REGIONAL PRISON
to jail or prison for detention.
INSTITUTIONAL CORRECTIONAL AGENCIES IN THE
INSTITUTIONAL CORRECTIONS DEVELOPMENT OF PHILIPPINES
CORRECTIONS IN THE PHILIPPINES:
Bureau of Corrections
OLD BILIBID PRISON  -an attached agency of the Department of Justice
 the main penitentiary was constructed in Azcarraga  principal task is for the rehabilitation of prisoners
Street, Manila in 1847  maintains its offices at the New Bilibid Prison
 was formally opened on 10 April 1865 by a Royal Compound in Muntinlupa City
Decree  exercises over all control and supervision of all the
 later, it was transferred to its new site in Muntinlupa corrections/prisons facilities nationwide
 It has custody of prisoners sentenced to imprisonment
BUREAU OF PRISONS of more than three (3) years
 created pursuant to Act No 1407, otherwise known as
the Reorganization Act of 1905, enacted on 1 Provincial Jails – jails for the safekeeping of prisoners at the
November 1905, as an agency under the Department capital of each province.
of Commerce and Police  It shall be under the supervision and control of the
 was renamed Bureau of Corrections (Bucor) provincial governors.
pursuant to Executive Order No 292 dated 22 Bureau of Jail Management and Penology (BJMP) –
November 1989.  created by virtue of Republic Act 6975, exercises
supervision and control over all district, city and
municipal jail nationwide.
SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES  Formally established on January 2, 1991.

I. SAN RAMON PRISON AND PENAL FARM CLASSIFICATION OF PRISONERS

II. IWAHIG PENAL COLONY
III. CORRECTIONAL INSTITUTION FOR WOMEN (CIW) DETENTION PRISONERS - those held for security reasons,
IV. DAVAO PENAL COLONY investigation, those awaiting or undergoing trial and
V. NEW BILIBID PRISON awaiting judgment.
VI. SABLAYAN PRISON AND PENAL FARM  Persons held for security reasons
 Persons held for investigation
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 Persons waiting for final judgment  has custody over offenders who are in detention while
 Persons waiting for trial undergoing investigation, undergoing trial and
awaiting judgment
SENTENCED PRISONERS - those convicted by final judgment
and are serving their sentence NON-INSTITUTIONAL CORRECTIONS

 Municipal Jail Prisoner – 1 day to 6 months. BOARD OF PARDONS AND PAROLE

 City Jail Prisoner – 1 day to 3 years  grants parole and recommend to the President the
 Provincial Jail – 6 months one day to 3 years grant of any form of executive clemency to deserving
 National or insular Prisoners – Sentenced to 3 years 1 prisoners or individuals
day to Reclusion Perpetua or Life Imprisonment.  reviews reports submitted by the Parole and Probation
Administration and make necessary decisions.
 a functional unit under the Department of Justice.

PRISON
 under the supervision of the national government
through the Bureau of Corrections under the PAROLE AND PROBATION ADMINISTRATION
Department of Justice.
 has custody over convicted offenders whose sentence is  originally called Probation Administration and was
imprisonment of three years and one day and above. created b virtue of PD 968 of 1976
 was renamed Parole and Probation Administration by
EO No 292
JAIL  given the added function of supervising prisoners who,
 under the supervision of the local government through after serving part of their sentence in jails or prisons,
either the Office of the Provincial Governor or Bureau are released on parole with parole conditions
of Jail Management and Penology, both under the  an attached agency to the Department of Justice
Department of Interior and Local Government
 has custody over convicted offenders whose sentence is Department of Social Welfare and Development (DSWD)
imprisonment of three years or less  renders services for Children in Conflict with the Law
(CICL) (RA 9344, Juvenile Justice and Welfare Act of
2006, April 28, 2006).
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 an act of clemency by which a heavier or longer

EXECUTIVE CLEMENCY sentence is reduced to a lighter or shorter term
 the collective term for absolute pardon,  refers to the reduction of the duration of a prison
conditionalpardon, reprieve and commutation of sentence
sentence.  another prerogative of the President

1. PARDON 4. AMNESTY
 is a form of executive clemency granted by the
President as a privilege extended to convicts as a  a special form of pardon exercised by the President
discretionary act of grace.  a general pardon extended to a certain class of people
who are usually political offenders
TWO (2) KINDS OF PARDON  needs the concurrence or approval of Congress

I. ABSOLUTE PARDON - refers to the total extinction of

the criminal liability of the individual
II. CONDITIONAL PARDON - refers to an exemption of an PAROLE
individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has  a procedure by which prisoners are selected for release
committed resulting in the partial extinction of his on the basis of individual response and progress within
criminal liability. the correctional institution and a service by which they
are provided with necessary control and guidance as
2. REPRIEVE they serve the remainder of their sentence within the
community.
 the temporary stay of the execution of a sentence,
usually a death sentence  provided by Act No 4103, the Indeterminate Sentence
 another prerogative exercised by the President Law,which took effect on 5 December 1933.
 generally, applied to death sentences already affirmed
by the Supreme Court PROBATION

3. COMMUTATION OF SENTENCE  Is a disposition under which a defendant after

conviction and sentence, is released subject to
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conditions imposed by the court and under the iv. adopting precautionary and remedial
supervision of a probation officer. It is a privilege measures to diminish crime.
granted by the court to a person convicted of a criminal
offense to remain in the community instead of actually
going to prison. Laws Governing Barangay Justice System
- provided by Presidential Decree No 986, the Probation Law PD 1508
of 1976 “An Act Establishing a System of Amicably Settling Disputes
at the Barangay Level”
5. COMMUNITY RA 7160 is otherwise known as the 1991 Local Government
Code.
Role of the Community as the fifth pillar of the Criminal
Justice System  This gives barangays the mandate to enforce peace
and order and provide support for the effective
The community is understood to mean as “elements that are enforcement of human rights and justice.
mobilized and energized to help authorities in effectively Batas Pambansa Blg. 337 or the 1983 Local Government
addressing the law and order concern of the citizenry.” Code

The responsibilities of the community in relation to

Law Enforcement Katarungang Barangay (KP) is a system of justice
administered at the barangay level for the purpose of
As one of the pillars or component of the Criminal Justice amicable settling disputes through mediation, conciliation or
system, the community with its massive membership has arbitration among the family or barangay without resorting to
vital responsibilities in law enforcement. the courts.

The citizens can achieve these roles: Barangay The basic political unit
i. identifying offenders;
ii. giving data about the illegal activities  Serves as the primary planning and implementing unit
and cohorts of the criminals, and the of government policies, plans, programs, projects, and
proliferation of organized crimes and activities in the community, and as a forum wherein
syndicates; the collective views of the people may be expressed,
iii. volunteering as witnesses; crystallized, and considered, and where disputes may
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be amicably settled. (Sec 384 of the Local Government  REAL PROPERTIES IN DIFFERENT CITIES OR
Code) MUNICIPALITIES, DISPUTES THAT NEED URGENT
LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES
Composition of Barangay Officials AND ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.
1. A Punong Barangay (5-yr term)
2. Seven(7) Sangguniang Barangay Members Cases directed to court
3. Sangguniang Kabataan Chairman
4. A Barangay Secretary  IF THE PERSON IS ALREADY DETAINED.
5. A Barangay Treasurer  IN CASE OF HABEAS CORPUS.
 THERE IS PROVISIONAL REMEDY.
 PRESCRIBED


General Rules Venue

 NO LAWYERS allowed in barangayhearings. 1. If both parties are residents of the same barangay,
 Not all cases go to the Katarungang Pambarangay. before the Lupon of the barangay.
 Execution may be filed in court. 2. Different barangays but in the same municipality, in
 The Lupong Tagapamayapa is NOT acourt the barangay of the respondent.
3. If real property is involved, in the place of real
property.
Cases Exempted in Katarungang Pambarangay 4. If it involves work, in the place of work.

 ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR Lupong Tagapamayapa (Lupon) is a body organized in every
CORPORATION barangay composed of Punong Barangay as the Chairperson
 OFFENSES INVOLVING GOVERNMENT ENTITY and not less than ten (10) and more than twenty (20) from
 OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND which the members of every Pangkat shall be chosen.
 EXCEEDING FINE FIVE THOUSAND (P5,000.00)
 OFFENSES WITH NO PRIVATE PARTY (VICTIMLESS
CRIME) Pangkat Tagapagkasundo
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Composition
 Pangkat ng Tagapagkasundo is a conciliation panel
constituted for each dispute brought before the Lupon.
It is composed of three (3) members who shall be
chosen by the parties to the dispute from the list of
members of the Lupon.

 Should the parties fail to agree on the Pangkat

membership, the same shall be determined by lots
drawn by the Barangay Chairman.