CRLJ Finals Lect

COURT: THIRD PILLAR OF
CRIMINAL JUSTICE SYSTEM

COURT
• A government institution that decides a case

according to the existing laws or the laws of the
land.
• determine the guilt or innocence of the person

accused of crime and to impose punishment on
those found guilty.
Judge - A public
officer so named in
his commission and
appointed to
preside over and to
administer the law
in a court of justice.
Twofold role of the court:
• As a participant
• As a superior
General Functions of the Court:
• To protect the rights of the accused

• To determine by all legal means whether a
person is guilty of crime
• To dispose properly of those convicted of the
crimes
• To protect the society
• To prevent and reduce criminal behaviour
Jurisdiction
- Is the power and

authority of a
court to hear, try,
and decide a
case.
Venue
- Refers to the place or
the geographical area
where a case should be
heard, tried, and
decided.
EXERCISE:
1. RTC Br. 49, BACOLOD CITY
2. Municipal Trial Court Br.4, Cebu City
Kinds of Jurisdictions of Court:
• General
• Limited
• Original
• Appellate
• Exclusive
• Concurrent
Composition of Philippine Courts
Regular Courts:
Supreme Court It is the highest court in the Philippines.
Consist of 15 members including the
chief justice.
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
● Metropolitan Trial Court violation of city municipal
● Municipal Trial Court ordinances and offenses
● Municipal circuit Trial Court punishable by imprisonment
not 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 Appeals (CTA) Has exclusive appellate jurisdiction to review and
appeal the 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
Shari’a District Court “Code of Muslim Personal Laws of the Philippines”.
Shari’a Circuit Trial Cases brought before this court is civil in nature.
Courts -These are courts of limited jurisdiction which are
presided by District Judges
-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.
Subpoena
- An order to appear and testify at the

hearing or trial of an action, or at any
investigation conducted by competent
authority.
Types of subpoena:
1. Subpoena ad testificandum the person

needs to appear, attend and testify in
court.
2. Subpoena duces tecum- a person is
required to bring with him books,
documents or other things.
Summon
- Writ of the court by which the

defendant is notified of the
action brought against him. It is
an order to answer a complaint.
Confession
- A self- incriminatory
statement in which the accused
acknowledging of his guilt of
the offense charged.
Confession can be classified into two categories:
1. Judicial Confession: When a confession made before

the court or recorded by the magistrate, it is said to
be a judicial confession.
2. Extra-Judicial Confession: When a confession is made

before the police or any other individual excluding
the Judges and Magistrates.
Admission
- Refers to the acknowledgement of a fact under

discussion or a material fact in a lawsuit
Note: both will only be admissible if the accused

voluntarily executes it, not under duress, coercion
or psychological restraint.
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.
There can only be a pre-trial when the accused pleads
not guilty at the arraignment.
• Plea bargaining (guilty or not guilty)

• Stipulation of facts (specification)
• Admission of facts
• Marking documentary evidence
• 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 is the law’s final word
pronounced by a competent authority.
• It must be written in the official language,

• Personally and directly prepared and signed by the
judge.
• Must contain legal bases of decision
Conviction- judgment of the court based on
the verdict of a judicial officer that the
accused is guilty of the offense he was
charged.
Acquittal- judgment of the court based on the

verdict of a judicial officer that the defendant
is not guilty of the offense he was charged.
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
CORRECTION
FOURTH PILLAR OF CRIMINAL JUSTICE SYSTEM
CORRECTIONS
• The branch of criminal justice

charged with the responsibility for
the custody, supervision and
rehabilitation of the convicted
persons.
Two approaches of correction:
1. Institutional correction
2. Non-institutional correction
Agencies of the Gov’t charged with correctional
responsibility:
1. Bureau of Correction (BuCor)

2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-provincial Jails
6. Department of Social Welfare and Development

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.
Penalty- refers to the consequences that follow the
transgression of laws. It is the judicial punishment
for crime or violation of law.
Imprisonment- refers to the state or condition of

being constrained, restrained, or incarcerated in
confined room or building. It is actually a form of
conventional punishment of criminal offenders.
The purpose or objectives of modern correction
1. Retribution
2. Deterrence
3. Isolation
4. Reformation
5. Rehabilitation
6. Reintegration
Objectives and Functions:
1. To confine persons who are convicted by the

courts to serve a sentence in the national prisons.
2. To prevent prisoners from committing crimes
while in custody
3. To provide humane treatment by affording them
basic needs in the prison facility and prohibiting
cruel methods of punishment.
4. To provide a variety of rehabilitation program
designed to change the prisoner’s pattern of criminal or
anti-social behavior
5. To engage in agro-industrial projects for the purpose
of developing prison lands and resources into productive
bases or profit centers, developing and employing
inmate manpower skills and labor, providing prisoner’s a
source of income and reducing the bureau’s yearly
appropriated funds.
6. To perform other function that maybe directed by the
Secretary of Justice.
Seven Correctional Facilities in the Philippines (under the
Bucor)
1. New Bilibid Prison- Muntinlupa

2. San Ramon prison and Penal Farm- Zamboanga Del Sur
3. Iwahig Prison and Penal Farm- Palawan
4. Correctional Institution for Women- Mandaluyong City
5. Leyte Regional Prison- Abuyog Leyte
6. Sablayan Prison and Penal Farm- Sablayan, Occidental
Mindoro
7. Davao Prison and Penal Farm- Tagum, Davao Del Norte
Procedures of Admission in Correctional
Institution
1. Receiving of Convicted Person

2. Checking of Commitment Papers
3. Identification
4. Searching
5. Briefing and Orientation/ Assignment of
Quarters
BUREUA OF JAIL MANAGEMENT AND PENOLOGY
• The bureau of Jail Management and Penology is

created under sec. 10 of R.A 6975 as amended
by R.A 9263. The BJMP exercised supervision
and control over all the city and municipal jails.
Categories of Inmates
1. Sentence Prisoner (Prisoner)- Convicted with

final judgement
2. Detention Prisoner (Detainee) – Inmate who is
undergoing investigation trial or awaiting trial.

Classification of Sentence Prisoner

1. Insular or National Prisoner- a person who is sentenced to
serve a prison sentence of three years and one day to death.
2. Provincial prisoner- a person who is sentenced to serve a
prison sentence of six months and one day to three years.
3. City Prisoner- a person who is sentenced to serve a prison
sentence of one day to three years.
4. Municipal prisoner- a person who is sentenced to serve a
prison sentence of one day to six months.
Distinction of Jails from Prisons
Jail Prison
A short term detention for those convicted of A place of long term confinement for those
crime or detained for a short duration which is convicted of serious crimes, the sentence is above 3
below 3 years sentence. years.
under DILG under DOJ
managed by BJMP managed by BuCor
created under RA 6975 or The DILG Act of 1990 created under the Reorganization Act of 1907
otherwise known as The Prison Law
headed by the Director of BJMP headed by Dir. of Prison
District Jail is headed by a Warden/wardress Penal farm is headed by a Supt.

COMMUNITY
FIFTH PILLAR OF CRIMINAL JUSTICE SYSTEM
Roles of the community:
1. Identifying offenders
2. Giving data about the illegal activities and cohorts of
the criminals
3. Volunteering as witness
4. Adopting precautionary measures to diminish crime.
Roles of the community:
1. Identifying offenders
2. Giving data about the illegal activities and cohorts of
the criminals
3. Volunteering as witness
4. Adopting precautionary measures to diminish crime.
Community policing- it is solution based and community driven

which occurs when the police and law abiding citizens work
together.
The 3P’s of Community Policing
1. People
2. policies
3. Processes
People’s Law Enforcement Board(PLEB)
- 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.
Police community relations (PCR)
• Sum total of the dealing of the police

officers with the people they serve and
whose goodwill and cooperation they seek
to ensure the greatest possible efficiency in
public service
TYPES OF POLICE-COMMUNITY RELATIONS

1. Public Information Program
2. Public Relations Program
3. Civic Action Program
4. Psychological Program

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COURT: THIRD PILLAR OF

CRIMINAL JUSTICE SYSTEM

• A government institution that decides a case

• determine the guilt or innocence of the person

• To protect the rights of the accused

- Is the power and

- An order to appear and testify at the

1. Subpoena ad testificandum the person

- Writ of the court by which the

1. Judicial Confession: When a confession made before

2. Extra-Judicial Confession: When a confession is made

- Refers to the acknowledgement of a fact under

Note: both will only be admissible if the accused

• A copy of the complaint/information shall be

• Plea bargaining (guilty or not guilty)

- the formal investigation of the matter in issue

- the adjudication by the court that the accused is

• It must be written in the official language,

Acquittal- judgment of the court based on the

• Within 15 days – period of entering

• The branch of criminal justice

1. Bureau of Correction (BuCor)

Imprisonment- refers to the state or condition of

1. To confine persons who are convicted by the

1. New Bilibid Prison- Muntinlupa

1. Receiving of Convicted Person

• The bureau of Jail Management and Penology is

1. Sentence Prisoner (Prisoner)- Convicted with

managed by BJMP managed by BuCor

District Jail is headed by a Warden/wardress Penal farm is headed by a Supt.

Community policing- it is solution based and community driven

- a body created in every city/municipality to

• Sum total of the dealing of the police

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