CRIMINAL JUSTICE SYSTEM

PREPARED BY: REY ANN FUENTES PADROGADO, RCRIM., MSCJS (ON-PROGRESS).

CRIMINAL JUSTICE SYSTEM – THE TOTALITY OF ALL THE
CONCERTED EFFORTS AND ACTIVITIES OF ALL AGENCIES
INVOLVED IN THE PREVENTION, REDUCTION, AND CONTROL
OF CRIME.
▪ SOCIAL DEFENSE – REFERS TO ALL THE SYSTEMS AND
INTERPLAY OF ACTIVITIES IN THE COMMUNITY WHICH
ADDRESSES ALL THE NEGATIVE FACTORS AFFECTING THE
HEALTH, SECURITY, AND WELFARE OF THE PUBLIC E.G.
NATURAL CALAMITIES, DISASTER, FAMINE, DROUGHT,
CRIMINALITY, HEALTH EPIDEMIC, ETC.
▪ CRIMINOLOGY – IS THE ENTIRE BODY OF KNOWLEDGE
REGARDING CRIME AND CRIMINALS AND THE EFFORTS OF THE
SOCIETY TO PREVENT AND REPRESS THEM.
▪ CRIMINOLOGICAL ENTERPRISE – REFERS TO ALL DISCIPLINES
INVOLVED IN THE STUDY OF CRIME AND CRIMINALS. THE
PRACTICE OF CERTAIN DISCIPLINES SUCH AS RESEARCH AND
STATISTICS, NATURAL SCIENCE LAW, PENOLOGY, SOCIOLOGY,
PSYCHOLOGY, MEDICINE, FORENSIC SCIENCE, ETC, MAKE UP
THE ENTIRE CRIMINOLOGICAL VENTURE.
▪ CORRECTIONS – ARE THE PROCESS OR SYSTEM OF TAKING
CARE OF THE CUSTODY, TREATMENT AND REHABILITATION
OF ALL CONVICTED PERSONS OR PRISONERS PUNISHED BY
LAW FOR THE COMMISSION OF AN OFFENSE.
▪ POLICE – A BODY OF CIVIL AUTHORITY, WHICH IS TASKED TO
MAINTAIN PEACE AND ORDER, ENFORCE LAW, PROTECT
LIVES AND PROPERTIES AND ENSURE THE PUBLIC SAFETY.
PRIME MOVER OF CJS
▪ PROSECUTION – THE CJS PILLAR MANDATED BY LAW TO
BRING TO JUSTICE ALL CRIMINAL CASES FOR PROSECUTION
AND PROVE THE GUILT OF THE ACCUSED BEYOND
REASONABLE DOUBT.
▪ COURT – A COURT IS A BODY OR TRIBUNAL OFFICIALLY
ASSEMBLED UNDER AUTHORITY OF THE LAW IN WHICH
JUDICIAL POWER IS VESTED OR THE ADMINISTRATION OF
JUSTICE IS DELEGATED.
▪ CRIME PREVENTION – PERTAINS TO ALL GOVERNMENT AND
NONGOVERNMENT ACTIVITIES OR PROGRAMS DESIGNED TO
THWART, DETER, PREEMPT, AND STOP THE CRIME FROM
HAPPENING.
▪ CRIME DETERRENCE – REFERS TO THE POLITICAL WILL OF
THE STATE TO PUNISH ALL CRIMINALS IN ACCORDANCE WITH
LAW, TO SERVE A LESSON FOR OTHERS TO REFRAIN FROM
FURTHER COMMITTING CRIME.
▪ CRIME CONTROL – REFERS TO RESTRAINING OR ISOLATING
CRIMINALS BEHIND PRISON TO EFFECTIVELY CONTROLLING
THEM FROM FURTHER ENDANGERING THE SOCIETY THUS
PROTECTING THE PUBLIC FROM HARM AND DAMAGE
 FIVE PILLARS OF CJS AND THEIR FUNCTIONS
▪ POLICE/ LAW ENFORCEMENT PILLAR (SUSPECT) - OCCUPIES THE
FRONTLINE OF THE CJS BECAUSE THEY ARE REGARDED AS THE
INITIATOR OF THE SYSTEM. THEY ARE THE FIRST CONTACT OF THE
LAW VIOLATOR IN THE CJS PROCESS. IT IS THE POLICE THAT
INVESTIGATES, MAKE ARREST AND PREPARES EVIDENCE AGAINST
THE SUSPECTS NEEDED TO PROSECUTE THEM.
▪ PROSECUTION PILLAR (RESPONDENT)- TAKES CARE OF
EVALUATING THE EVIDENCES AND FORMALLY CHARGES THE
SUSPECTS BEFORE THE COURT. SCREENING PROCESS ON WHETHER
TO FILE A CASE BASED ON EVIDENCE OR DISMISS THE SAME. IT
DETERMINES WHAT PARTICULAR CRIME SHALL BE FORMALLY FILED
AND PRESENTS THE BURDEN OF PROOF AGAINST THE SUSPECT IN
THE COURT
▪ COURT PILLAR (ACCUSED)- CONDUCTS ARRAIGNMENT AND
TRIAL. IT SHALL ISSUE WARRANT OF ARREST IF THE
ACCUSED IS AT LARGE. IT ACQUITS THE INNOCENT AND
ADJUDICATE PENALTY FOR THE ACCUSED IF FOUND GUILTY.
▪ CORRECTION PILLAR (CONVICT) - IS RESPONSIBLE FOR
THE INCARCERATION AND REHABILITATION OF THE
CONVICTED PERSON TO PREPARE FOR EVENTUAL
REINTEGRATION IN THE COMMUNITY.
▪ COMMUNITY PILLAR (EX-CONVICT)- HELPS THE
PENITENT/NAGBAGO OFFENDER TO BECOME LAWABIDING
CITIZEN BY ACCEPTING THE EX-CONVICT’S RE-ENTRY AND
ASSISTS SAID PENITENT OFFENDER LEAD A NEW LIFE AS A
RESPONSIBLE MEMBER OF THE SOCIETY.
 POLICE OR LAW ENFOCEMENT PILLAR
▪ LAW ENFORCEMENT - ACTIVITIES OF SOME MEMBERS OF
GOVERNMENT WHO ACT IN AN ORGANIZED MANNER TO
ENFORCE THE LAW BY DISCOVERING, DETERRING,
REHABILITATING, OR PUNISHING PEOPLE WHO VIOLATE THE
RULES AND NORMS GOVERNING THAT SOCIETY
▪ LAW ENFORCEMENT PILLAR - IS A BRANCH OF THE
CRIMINAL JUSTICE SYSTEM THAT HAS THE SPECIFIC
RESPONSIBILITY OF MAINTAINING LAW AND ORDER AND
COMBATING CRIME WITHIN THE SOCIETY.
▪ POLICE - FROM THE GREEK WORD “POLITEIA” MEANING
GOVERNMENT OF A CITY. IT APPLIED TO CIVIL OFFICERS AND
NOT NECESSARILY POLICEMAN. THE ROMANS CHANGED THE
WORD SLIGHTLY TO “POLITIA”. THE FRENCH CHANGED WORD
TO “POLICE” AND APPLIED IT TO THAT PERSON WHO ACTUALLY
ENFORCED THE LAW. THEREAFTER, THE ENGLISH AND THE
AMERICANS BORROWED THE WORD INTACT FORM THE
FRENCH AND USED IT TO DESCRIBE A LAW ENFORCER.
▪ ORLANDO W. WILSON – “FATHER OF MODERN POLICE
ADMINISTRATION” – LIST THE FUNCTIONS OF THE POLICE AS -
PATROL, TRAFFIC, DETECTIVE/ INVESTIGATION, VICE
CONTROL, JUVENILE DELINQUENCY CONTROL, RECORDS AND
COMMUNICATION, LABORATORY, JAIL OPERATION,
MAINTENANCE, PLANNING, INSPECTION, BUDGETS AND
ACCOUNTS, PERSONNEL MAINTENANCE, PUBLIC RELATION,
AND INTELLIGENCE
▪ RESPONSE TIME - THE TIME THAT ELAPSES BETWEEN
RECEIPT OF THE CALL OR ALARM AND THE ARRIVAL OF
RESPONDING OFFICERS AT THE CRIME SCENE.
▪ CRIMINAL INVESTIGATION - IS A SPECIALIZED ASPECT OF
POLICE WORK WHICH IS THE RESPONSIBILITY OF BOTH THE
UNIFORMED PATROLMAN AND THE INVESTIGATOR. IN THE
INVESTIGATION OF CRIME, EVIDENCE TECHNICIANS AND
OTHER HIGHLY TRAIN PERSONS, KNOWN AS SCENE OF THE
CRIME OPERATIONS (SOCO) OFFICERS, ASSIST IN THE
COLLECTION, PRESERVATION, ANALYSIS AND PRESENTATION
OF PHYSICAL EVIDENCE FOUND AT THE CRIME SCENE.
▪ INITIAL INVESTIGATION - IS THE INITIAL OR BEGINNING
PHASE OF A SYSTEMATIC INQUIRY INTO AN ALLEGED CRIME.
THE PATROLMAN SHOULD ALWAYS CARRY OUT, OR
PARTICIPATE IN THE PRELIMINARY INVESTIGATION EXCEPT IN
THOSE CASES WHERE THE CRIME WAS DISCOVERED LONG
AFTER IT WAS COMMITTED. IN SUCH INSTANCES THE
INVESTIGATOR COULD BE THE ONE WHO CONDUCTS BOTH THE
INITIAL AND CONTINUING INVESTIGATION.
▪ FOLLOW-UP INVESTIGATION - IS AN EXTENSION, OR
CONTINUATION OF THE PRELIMINARY INVESTIGATION. IT IS
NECESSARY TO BRING A CASE TO A SUCCESSFUL CONCLUSION,
OR TO SOLVE AN UNSOLVED CASE.
▪ APPREHENSION OF SUSPECTS - AN ARREST IS MADE BY AN
ACTUAL RESTRAINT OF A PERSON TO BE ARRESTED, OR BY
HIS SUBMISSION TO THE CUSTODY OF THE PERSON MAKING
THE ARREST. NO VIOLENCE OR UNNECESSARY FORCE SHALL
BE USED IN MAKING AN ARREST. THE PERSON ARRESTED
SHALL NOT BE SUBJECT TO A GREATER RESTRAINT THAN IS
NECESSARY FOR HIS DETENTION.
▪ WARRANT OF ARREST - AN ORDER IN WRITING ISSUED IN
THE NAME OF THE PEOPLE OF THE PHILIPPINES, SIGNED BY A
JUDGE AND DIRECTED TO A PEACE OFFICER, COMMANDING
HIM TO TAKE A PERSON INTO CUSTODY IN ORDER THAT HE
MAY BE BOUND TO ANSWER FOR THE COMMISSION OF AN
OFFENSE.
▪ ARREST WITHOUT A WARRANT - ARREST MAY LAWFULLY
BE MADE EVEN WITHOUT A WARRANT UNDER CERTAIN
LIMITED CONDITIONS WHICH APPROXIMATE THE EXISTENCE
OF PROBABLE CAUSE AS WOULD JUSTIFY THE ISSUANCE OF A
WARRANT OF ARREST.
▪ SEARCH AND SEIZURE - ALMOST AS IMPORTANT AS THE
AUTHORITY TO ARREST IS THE AUTHORITY OF THE POLICE TO
PERFORM SEARCHES AND TO SEIZE EVIDENCE. LIKE ARRESTS,
SEARCHES MAY BE PERFORMED WITH OR WITHOUT COURT-
ISSUED SEARCH WARRANTS.
▪ SEARCH WARRANT - AN ORDER IN WRITING ISSUED IN THE
NAME OF THE PEOPLE OF THE PHILIPPINES, SIGNED BY A
JUDGE AND DIRECTED TO A PEACE OFFICER, COMMANDING
HIM TO SEARCH FOR PERSONAL PROPERTY DESCRIBED
THEREIN AND BRING IT BEFORE THE COURT.
▪ PROBABLE CAUSE - REFERS TO SUCH FACTS AND
CIRCUMSTANCES THAT WOULD LEAD A REASONABLY
DISCREET AND PRUDENT MAN TO BELIEVE THAT AN OFFENSE
HAS BEEN COMMITTED AND THAT THE OBJECT SOUGHT IN
CONNECTION WITH THE OFFENSE ARE IN THE PLACE SOUGHT
TO BE SEARCHED.
▪ VALIDITY OF SEARCH WARRANT – A SEARCH WARRANT
SHALL BE VALID FOR TEN (10) DAYS FROM ITS DATE.
THEREAFTER, IT SHALL BE VOID. FEB. 1- FEB 11, SEARCH FEB 15
▪ WARRANTLESS SEARCH AND SEIZURE – THERE ARE
SEVERAL INSTANCES WHERE A SEARCH MAY LAWFULLY BE
MADE WITHOUT A WARRANT, SUCH AS WHERE THERE IS
CONSENT OR WAIVER; WHERE A PERSON VOLUNTARILY
SUBMITS HIMSELF TO A SEARCH, A WARRANT THEREFORE IS
UNNECESSARY; WHERE SEARCH IS AN INCIDENT TO A LAWFUL
ARREST; AND OR DANGEROUS ITEMS, CONTRABAND,
WEAPONS IN PLAIN SIGHT.
▪ CHECKPOINT SEARCHES - “STOP-AND-SEARCH” AT
MILITARY POLICE CHECKPOINTS.
▪ CASE PREPARATION - THE PROCESS OF BRINGING TOGETHER
IN AN ORGANIZED AND LOGICAL MANNER ALL EVIDENCE
COLLECTED DURING THE INVESTIGATION OF A CRIME AND
PRESENT IT TO THE PROSECUTOR. THE INVESTIGATOR MUST
BE ABLE TO PRESENT TO THE PROSECUTOR AND PROVE
BEFORE THE COURT THE CORPUS DELICTI.
▪ CORPUS DELICTI (SUBSTANCE OR BODY OF THE CRIME)-
MEANS THAT A SPECIFIC CRIME WAS COMMITTED AT A
SPECIFIED TIME, DATE AND PLACE, AND THAT THE PERSON
NAMED IN HIS REPORT COMMITTED THE CRIME
▪ ORDER MAINTENANCE - SOMETIMES REFERRED TO AS
“PEACEKEEPING”. THE REGULATION OF NON-CRIMINAL ACTS,
INCLUDING SPECIFIC MATTERS AS CROWD CONTROL, TRAFFIC
REGULATION, AND RIOT PREVENTION OR CONTROL.
▪ POLICE DISCRETION - IS THE WISE USE OF ONE’S
JUDGMENT IN A POLICE SITUATION REQUIRING IMMEDIATE
AND DECISIVE ACTION. IT IS AN AUTHORITY CONFERRED BY
LAW TO ACT IN A CERTAIN CONDITIONS OR SITUATIONS IN
ACCORDANCE WITH AN OFFICER OR AN OFFICIAL AGENCY’S
OWN CONSIDERED JUDGMENT OR CONSCIENCE.
 THE PROSECUTION PILLAR
▪ PROSECUTION - IS THE PROCESS OR METHOD WHEREBY
ACCUSATIONS ARE BROUGHT BEFORE A COURT OF JUSTICE TO
DETERMINE THE INNOCENCE OR GUILT OF THE ACCUSED. IT IS
ALSO THE INSTITUTION FOR CONTINUATION OF A CRIMINAL
SUIT INVOLVING THE AGAINST AN OFFENDER BEFORE A LEGAL
TRIBUNAL AND PURSUING TO FINAL JUDGMENT ON BEHALF
OF THE STATE OR GOVERNMENT. PROCESS OF EXHIBITING
FORMAL CHARGES
▪ ADVERSARIAL SYSTEM - OR ACCUSATORIAL WHICH WAS
BEING ADOPTED BY MOST COUNTRIES WHO HAVE COMMON
LAWS, WHEREBY THE VICTIM OF HIS REPRESENTATIVE HAS
THE PRIMARY RESPONSIBILITY FOR FINDING AND PRESENTING
EVIDENCE TO THE COURT. THE JUDGE LISTENS TO THE
ACCUSATION AND DETERMINES THE APPLICABLE
PUNISHMENT TO THE ACCUSED. (CIVIL CASE)
▪ INQUISITORIAL SYSTEM - THIS SYSTEM OF PROSECUTION WAS
USED IN SOME CONTINENTAL COUNTRIES WHEREIN THE JUDGE
SEARCHES THE FACTS, LISTENS TO WITNESSES BE TAKEN AND
INVESTIGATE TO PROVE THE GUILT OR INNOCENCE OF THE
ACCUSED.(CRIMINAL CASE)
▪ MIXED APPROACH - WHICH IS USED IN THE PHILIPPINES. MIXED IS
A SYSTEM WHEREIN ADOPTS BOTH INQUISITORIAL AND
ACCUSATORIAL, WHERE THE VICTIM OR HIS REPRESENTATIVES
PROVIDES THE FACTS, EVIDENCE AND TESTIMONY OF WITNESSES
TO PROVE THE GUILT OF THE ACCUSED. THE ACCUSED IS PRESUMED
INNOCENT AGAINST THE ACCUSATION OF THE COMPLAINANT. THE
JUDGE WILL INVESTIGATE AND DETERMINE THE GUILT OF THE
ACCUSED BEYOND REASONABLE DOUBT AND ITS MORAL
CERTAINTY.
▪ RULES ON CRIMINAL PROCEDURE - OUR PROSECUTORS
HAVE THE POWER TO DISMISS A CASE OR HOLD A SUSPECT FOR
TRIAL. PROSECUTION IN CRIMINAL CASES IS INITIATED ON
BEHALF OF THE PEOPLE RATHER ON THE INDIVIDUAL VICTIM
OR COMPLAINANT.
▪ PRELIMINARY INVESTIGATION - IS AN INQUIRY OR
PROCEEDING FOR THE PURPOSE OF DETERMINING WHETHER
THERE IS SUFFICIENT GROUND TO ENGENDER A WELL-FOUNDED
BELIEF THAT A CRIME COGNIZABLE BY THE REGIONAL TRIAL
COURT HAS BEEN COMMITTED AND THAT THE RESPONDENT
PROBABLY GUILTY THEREOF. (PROBABLE CAUSE)
INQUEST PROCEEDING- TO DETERMINE THE VALIDITY OF
ARREST
▪ AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
- NATIONAL AND REGIONAL STATE PROSECUTORS, PROVINCIAL
AND CITY PROSECUTORS, SUCH OTHER OFFICER THAT MAY BE
AUTHORIZED BY LAW.
▪ OBJECT OF PRELIMINARY INVESTIGATION - PARAMOUNT
TO THE PROSECUTOR’S ROLE IS TO ESTABLISH AT THE INITIAL
STAGES THAT A “PROBABLE CAUSE” EXISTS THAT A CRIME
HAS BEEN COMMITTED. AT LEAST 4 YEARS 2 MOS. 1 DAY.
▪ PROBABLE CAUSE - IS THE EXISTENCE OF SUCH FACTS
CIRCUMSTANCES AS WOULD EXILE THE BELIEFS, IN A
REASONABLE MIND, ACTING ON THE FACTS WITHIN THE
KNOWLEDGE OF THE PROSECUTOR, THAT A PERSON CHARGE
WAS OF THE CRIME HE WAS PROSECUTED.
▪ INQUEST PROCEDURE - IS AN INQUIRY MADE BY THE DUTY
PROSECUTOR TO DETERMINE THE LEGALITY OF THE ARREST
MADE ESPECIALLY THOSE ARRESTS MADE WITHOUT
WARRANT.
▪ PROSECUTORIAL DISCRETION - IS THE PRUDENT USE OF
JUDGMENT BEING EXERCISED BY THE INVESTIGATING FISCAL
OR PROSECUTOR IN DETERMINING THE EXISTENCE OF
PROBABLE CAUSE DURING PRELIMINARY INVESTIGATION. THE
PROSECUTOR, JUST LIKE THE POLICE, HAS WIDE LATITUDE OF
DISCRETION AND AS SUCH, IT ENJOYS ABSOLUTE,
UNRESTRICTED DISCRETION IN THE PERFORMANCE OF HIS
DUTIES.
▪ NATIONAL PROSECUTION SERVICE – ESTABLISHED UNDER
DIRECT SUPERVISION OF THE SECRETARY OF THE
DEPARTMENT OF JUSTICE. IT IS EMPOWERED TO INVESTIGATE
AND PROSECUTE ALL CRIMES DESCRIBED BY THE REVISED
PENAL CODE (RPC), INVESTIGATE ADMINISTRATIVE CASES
AGAINST ITS OWN OFFICERS, PREPARE LEGAL OPINIONS OR
QUERIES ABOUT VIOLATIONS OF THE RPC AND OTHER LAWS,
AND TO REVIEW APPEALS TO RESOLUTIONS OF CASES BY
PROSECUTORS.
▪ COMPLAINT – IS A SWORN WRITTEN STATEMENT CHARGING
A PERSON WITH AN OFFENSE, SUBSCRIBED BY THE OFFENDED
PARTY, ANY PEACE OFFICER, OR OTHER PUBLIC OFFICER
CHARGE WITH THE ENFORCEMENT OF THE LAW VIOLATED.
▪ INFORMATION – IS AN ACCUSATION IN WRITING CHARGING
A PERSON WITH AN OFFENSE, SUBSCRIBED BY THE
PROSECUTOR AND FILED WITH THE COURT.
▪ SUFFICIENCY OF COMPLAINT OR INFORMATION – A
COMPLAINT OR INFORMATION IS SUFFICIENT IF IT STATES THE
NAME OF THE ACCUSED; THE DESIGNATION OF THE OFFENSE
GIVEN BY THE STATURE; THE ACTS OR OMISSIONS
COMPLAINED OF AS CONSTITUTING THE OFFENSE; THE NAME
OF THE OFFENDED PARTY; THE APPROXIMATE DATE OF THE
COMMISSION OF THE OFFENSE; AND THE PLACE WHERE THE
OFFENSE WAS COMMITTED.
▪ BAIL - IS THE SECURITY GIVEN FOR THE RELEASE OF A
PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM OR A
BONDSMAN, TO GUARANTEE HIS APPEARANCE BEFORE ANY
COURT AS REQUIRED UNDER THE CONDITIONS HEREINAFTER
SPECIFIED. BAIL MAY BE GIVEN IN THE FORM OF CORPORATE
SURETY, PROPERTY BOND, CASH DEPOSIT, OR RECOGNIZANCE.
▪ PROSECUTION PROTECTS RIGHTS OF ACCUSED – IN ALL
CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE ENTITLED
TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED
BEYOND REASONABLE DOUBT; BE INFORMED OF THE NATURE
AND CAUSE OF THE ACCUSATION AGAINST HIM; BE PRESENT
AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE
OF THE PROCEEDINGS, FROM ARRAIGNMENT TO
PROMULGATION OF THE JUDGMENT;
CONT…TESTIFY AS A WITNESS IN HIS OWN BEHALF BUT
SUBJECT TO CROSSEXAMINATION ON MATTERS COVERED BY
DIRECT EXAMINATION. HIS SILENCE SHALL NOT IN ANY
MANNER PREJUDICE HIM; BE EXEMPT FROM BEING
COMPELLED TO BE A WITNESS AGAINST HIMSELF; CONFRONT
AND CROSSEXAMINE THE WITNESSES AGAINST HIM AT THE
TRIAL; HAVE COMPULSORY, PROCESS ISSUED TO SECURE THE
ATTENDANCE OF WITNESSES AND PRODUCTION OF OTHER
EVIDENCE IN HIS BEHALF; HAVE SPEEDY, IMPARTIAL AND
PUBLIC TRIAL; AND TO APPEAL IN ALL CASES ALLOWED AND
IN THE MANNER PRESCRIBED BY LAW.
▪ PROSECUTION OF A CHILD IN CONFLICT WITH THE LAW
(CICL) - WITH THE ENACTMENT OF REPUBLIC ACT NO. 9344,
CHILDREN IN CONFLICT WITH THE LAW ARE PROSECUTED AS
STATED “THERE SHALL BE A SPECIALLY TRAINED PROSECUTOR
TO CONDUCT INQUEST, PRELIMINARY INVESTIGATION AND
PROSECUTION OF CASES INVOLVING A CHILD IN CONFLICT
WITH THE LAW. IF THERE IS AN ALLEGATION OF TORTURE OR
ILL-TREATMENT OF A CHILD IN CONFLICT WITH THE LAW
DURING ARREST OR DETENTION, IT SHALL BE THE DUTY OF
THE PROSECUTOR TO INVESTIGATE THE SAME”.
 THE COURT PILLAR
▪ COURT - IS THE CENTER PILLAR OF THE CRIMINAL JUSTICE
SYSTEM. IT PLUNKS AS THE “CORNERSTONE” OF THE SYSTEM.
THE COURT IS INVOLVED IN SECURING THE EFFICACY,
EFFICIENCY AND FAIRNESS IN THE ADMINISTRATION OF
CRIMINAL JUSTICE. IT IS A GOVERNMENT INSTITUTION, WHICH
DECIDES DISPUTES BETWEEN CITIZEN AND BETWEEN
CITIZEN AND GOVERNMENT. ITS BASIS FUNCTION IS TO
DETERMINE THE GUILT OR INNOCENCE OF PERSON ACCUSED
OF CRIME AND IMPOSED PUNISHMENT ON THOSE FOUND
GUILTY.
▪ JURISDICTION - IS DEFINED AS THE POWER TO TRY AND DECIDE,
OR HEAR AND DETERMINE, A CAUSE. TO TRY AND DECIDE MEANS
TO RECEIVE EVIDENCE FROM THE PARTIES (INCLUDING THEIR
ARGUMENTS); TO DECIDE OR DETERMINED A CASE MEANS TO
RESOLVE THE DISPUTES BY APPLYING THE LAW TO THE FACTS.
▪ VENUE - IS THE SITE OR LOCATION WHERE THE CASE IS TO BE
TRIED ON THE MERITS. IT ALSO REFERS TO THE SPECIFIC JUDICIAL
BRANCH OR SALA OF THE JUDGE WHO ACQUIRE JURISDICTION OR
AUTHORITY FOR TRIAL/HEARING OF THE CASE THROUGH THE
CONDUCT OF RAFFLE.
RTC-JURISDICTION
BRANCH 15 ON THE SALA OF JUDGE XXX- VENUE
▪ JUDGMENT - IS THE ADJUDICATION BY THE COURT THAT THE
ACCUSED IS GUILTY OF THE OFFENSE CHARGED, AND THE IMPOSITION
OF THE PROPER PENALTY AND CIVIL LIABILITY PROVIDED FOR BY LAW
AGAINST AN ACCUSED. THE JUDGE MUST SET OUT HIS CONCLUSIONS OF
FACT AND HIS CONCLUSIONS OF LAW.
WHEN THE JUDGEMENT BECOME FINAL? AFTER 15 DAYS FROM THE
PROMULGATION (BINASAHAN NG HATOL) OF JUDGEMENT.
PROMULGATION- MAR. 1
J. BCME FINAL-MARCH 16
WHEN TO APPEAL?- WITHIN 15 DAYS AFTER PROMULGATION OF JUDGEMENT.
PROBATION-IF BELOW 6 YEARS
MOTION FOR RECONSIDERATION
MOTION FOR NEW TRIAL
APPEAL TO HIGHER COURT
FRUIT OF POISONOUS TREE DOCTRINE VS. SILVER PLATTER
DOCTRINE

FRUIT OF POISONOUS TREE DOCTRINE THE FRUIT OF THE POISONOUS

TREE DOCTRINE EXTENDS THE EXCLUSIONARY RULE BY EXCLUDING
ANY EVIDENCE EXPOSED THROUGH OTHER EVIDENCE ATTAINED BY AN
ILLEGAL SEARCH, SEIZURE, OR ARREST.

SILVER PLATTER DOCTRINE

IN CRIMINAL LAW, THIS WAS A DOCTRINE THAT A FEDERAL COURT COULD INTRODUCE
ILLEGALLY OR IMPROPERLY STATE-SEIZED EVIDENCE, AS LONG AS FEDERAL OFFICERS
HAD PLAYED NO ROLE IN OBTAINING IT. THE DOCTRINE WAS DECLARED
UNCONSTITUTIONAL IN 1960 (ELKINS V. UNITED STATES).
▪ COMPOSITION OF PHILIPPINE COURTS
REGULAR COURTS - SUPREME COURT, COURT OF APPEALS,
REGIONAL TRIAL, COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL
COURTS, MUNICIPAL CIRCUIT TRIAL COURTS
SPECIAL COURTS – SANDIGANBAYAN, COURT OF TAX
APPEALS, SHARI'A DISTRICT COURTS, SHARI'A CIRCUIT COURTS
COLLEGIATE COURTS - SUPREME COURT, COURT OF APPEALS,
SANDIGANBAYAN, COURT OF TAX APPEALS
LOWER COURTS - COURT OF APPEALS, SANDIGANBAYAN,
COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURTS, SHARI'A DISTRICT COURTS, SHARI'A CIRCUIT COURTS,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS
 LITIGATION PROCESS
ARRAIGNMENT - ACCUSED MUST BE ARRAIGNED BEFORE THE
COURT WHERE THE COMPLAINT OR INFORMATION WAS FILED
OR ASSIGNED FOR TRIAL
BILL OF PARTICULARS - ACCUSED MAY, BEFORE
ARRAIGNMENT, MOVE FOR A BILL OF PARTICULARS TO
ENABLE HIM PROPERLY TO PLEAD AND PREPARE FOR TRIAL.
THE MOTION SHALL SPECIFY THE ALLEGED DEFECTS OF THE
COMPLAINT OR INFORMATION AND THE DETAILS DESIRED.
SUSPENSION OF ARRAIGNMENT - UPON MOTION BY THE
PROPER PARTY, THE ARRAIGNMENT SHALL BE SUSPENDED ON
ANY OF THE FOLLOWING GROUNDS –
1. ACCUSED APPEARS TO BE SUFFERING FROM AN UNSOUND
MENTAL CONDITION WHICH EFFECTIVELY RENDERS HIM
UNABLE TO FULLY UNDERSTAND THE CHARGE AGAINST
HIM AND TO PLEAD INTELLIGENTLY THERETO
2. THERE EXISTS A PREJUDICIAL QUESTION
3. AND A PETITION FOR REVIEW OF THE RESOLUTION OF THE
PROSECUTOR IS PENDING.
MOTION TO QUASH (RULE 117 )
SECTION 1. TIME TO MOVE TO QUASH. – AT ANY TIME BEFORE ENTERING HIS
PLEA, THE ACCUSED MAY MOVE TO QUASH THE COMPLAINT OR INFORMATION.
SEC. 3. GROUNDS. – THE ACCUSED MAY MOVE TO QUASH THE COMPLAINT OR
INFORMATION ON ANY OF THE FOLLOWING GROUNDS:

(A) THAT THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE;

(B) THAT THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE OFFENSE
CHARGED;

(C) THAT THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE PERSON
OF THE ACCUSED;

(D) THAT THE OFFICER WHO FILED THE INFORMATION HAD NO AUTHORITY TO
DO SO;
(E) THAT IT DOES NOT CONFORM SUBSTANTIALLY TO THE
PRESCRIBED FORM;

(F) THAT MORE THAN ONE OFFENSE IS CHARGED EXCEPT WHEN

A SINGLE PUNISHMENT FOR VARIOUS OFFENSES IS PRESCRIBED BY
LAW;

(G) THAT THE CRIMINAL ACTION OR LIABILITY HAS BEEN

EXTINGUISHED;

(H) THAT IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD

CONSTITUTE A LEGAL EXCUSE OR JUSTIFICATION; AND

(I) THAT THE ACCUSED HAS BEEN PREVIOUSLY CONVICTED OR

ACQUITTED OF THE OFFENSE CHARGED, OR THE CASE AGAINST
HIM WAS DISMISSED OR OTHERWISE TERMINATED WITHOUT HIS
EXPRESS CONSENT.
PRE-TRIAL - CRIMINAL CASES RECOGNIZABLE BY THE
SANDIGANBAYAN, REGIONAL COURT, METROPOLITAN TRAIL COURT,
MUNICIPAL TRAIL COURT IN CITIES, MUNICIPAL TRAIL COURT AND
MUNICIPAL CIRCUIT TRAIL COURT, THE COURT SHALL, AFTER
ARRAIGNMENT AND WITHIN THIRTY (30) DAYS FROM THE DATE BE
COURT ACQUIRES JURISDICTION OVER THE PERSON OF THE ACCUSED,
UNLESS A SHORTER PERIOD IS PROVIDED FOR IN SPECIAL LAWS OR
CIRCULARS OF THE SUPREME COURT, ORDER A PRE-TRAIL
CONFERENCE TO CONSIDER PLEA BARGAINING; STIPULATION OF
FACTS; MARKING FOR IDENTIFICATION OF EVIDENCE OF THE PARTIES;
WAIVER OF OBJECTIONS TO ADMISSIBILITY OF EVIDENCE;
MODIFICATION OF THE ORDER OF TRIAL IF THE ACCUSED ADMITS THE
CHARGE BUT INTERPOSES A LAWFUL DEFENSE; AND SUCH MATTER AS
WELL AS PROMOTE A FAIR AND EXPEDITIOUS TRIAL OF THE CRIMINAL
AND CIVIL ASPECTS OF CASE.
PRE-TRIAL AGREEMENT - AGREEMENTS OR ADMISSIONS MADE
OR ENTERED DURING THE PRE-TRIAL CONFERENCE SHALL BE
REDUCED IN WRITING AND SIGNED BY THE ACCUSED AND
COUNSEL; OTHERWISE, THEY CANNOT BE USED AGAINST THE
ACCUSED.
PRE-TRIAL ORDER - AFTER THE PRE-TRIAL CONFERENCE, THE
COURT SHALL ISSUE AN ORDER RECITING THE ACTIONS TAKEN,
THE FACTS STIPULATED, AND EVIDENCE MARKED. SUCH ORDER-
SHALL BIND THE PARTIES, LIMIT THE TRIAL TO MATTERS NOT
DISPOSED OF, AND CONTROL THE COURSE OF THE ACTION DURING
THE TRIAL TO MATTERS NOT DISPOSED OF, AND CONTROL THE
COURSE OF THE ACTION DURING THE TRAIL, UNLESS MODIFIED
BY THE COURT TO PREVENT MANIFEST INJUSTICE.
TIME TO PREPARE FOR TRIAL - AFTER A PLEA OF NOT GUILTY IS
ENTERED, THE ACCUSED SHALL HAVE AT LEAST FIFTEEN (15) DAYS TO
PREPARE FOR TRIAL. THE TRIAL SHALL COMMENCE WITHIN THIRTY (30)
DAYS FROM RECEIPT OF THE PRE-TRIAL ORDER.
CONTINUOUS TRIAL UNTIL TERMINATED - TRIAL ONCE COMMENCED
SHALL CONTINUE FROM DAY TO DAY AS FAR AS PRACTICABLE UNTIL
TERMINATED. IT MAY BE POSTPONED FOR A REASONABLE PERIOD OF
TIME FOR GOOD CAUSE.
JUDGMENT - IS THE ADJUDICATION BY THE COURT THAT THE ACCUSED IS
GUILTY OR NOT GUILTY OF THE OFFENSE CHARGED AND THE IMPOSITION
ON HIM OF THE PROPER PENALTY AND CIVIL LIABILITY, IF ANY. IT MUST
BE WRITTEN IN THE OFFICIAL LANGUAGE, PERSONALLY AND DIRECTLY
PREPARED BY THE JUDGE AND SIGNED BY HIM AND SHALL CONTAIN
CLEARLY AND DISTINCTLY A STATEMENT OF THE FACTS AND THE LAW
UPON WHICH IT IS BASED.
NEW TRIAL OR RECONSIDERATION - AT ANY TIME BEFORE A
JUDGMENT OF CONVICTION BECOMES FINAL, THE COURT MAY,
ON MOTION OF THE ACCUSED OR AT ITS OWN INSTANCE BUT
WITH THE CONSENT OF THE ACCUSED, GRANT NEW TRIAL OR
RECONSIDERATION.
APPEAL - ANY PARTY MAY APPEAL FROM A JUDGMENT OR
FINAL ORDER, UNLESS THE ACCUSED WILL BE PLACED IN
DOUBLE JEOPARDY.
▪ UNIFORM PROCEDURE THE PROCEDURE TO BE OBSERVED IN
THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS SHALL BE
THE SAME AS IN THE REGIONAL TRIAL COURTS, EXCEPT
WHERE A PARTICULAR PROVISION APPLIES ONLY TO EITHER OF
SAID COURTS AND IN CRIMINAL CASES GOVERNED BY THE
REVISED RULE ON SUMMARY PROCEDURE.
IN ALL CRIMINAL CASES APPEALED TO THE COURT OF
APPEALS, THE PARTY APPEALING THE CASE SHALL BE CALLED
THE “APPELLANT” AND THE ADVERSE PARTY THE “APPELLEE,”
BUT THE TITLE OF THE CASE SHALL REMAIN AS IT WAS IN THE
COURT OF ORIGIN. UNLESS OTHERWISE PROVIDED BY THE
CONSTITUTION OR BY LAW, THE PROCEDURE IN THE SUPREME
COURT IN ORIGINAL AND IN APPEALED CASES SHALL BE THE
SAME AS IN THE COURT OF APPEAL.
THE CORRECTION PILLAR
▪ CORRECTION - DENOTES ITS CONCERN AND OPERATES AS
SOCIETY’S PRIMARY FORMAL DISPENSER OF PUNISHMENT.
CORRECTIONS, HOWEVER, IS MORE THAN SIMPLY NICE TERM
FOR PUNISHMENT. THE ROOT OF THE WORD IMPLIES AND
FOCUSES ON CORRECTING A PROBLEM OR SERIES OF
PROBLEMS IN SOCIETY.
▪ PUNISHMENT - IS DESIGNED DIRECTED TOWARDS
RETROFITTING THE OFFENDERS TO COMMUNITY, AND
ENHANCING COMMUNITY’S ACCEPTANCE FOR HIM TO FIT AND
BE A LAW ABIDING AND PRODUCTIVE CITIZEN. THE
OFFENDERS’ STIGMA OF BEING BAD OR EVIL MUST BE DEALT
AS A SICK PERSON. ITS SICKNESS MAYBE PHYSICAL,
EMOTIONAL OR SOCIO-CULTURAL WHERE HIS NEGATIVE
BEHAVIOR IS EMANATING FROM. THUS, CORRECTION IS ON
FOCUS OF REHABILITATION IS TO RESTORE TO BE SOCIALLY
ACCEPTABLE BEHAVIOR.
▪ CORRECTIONS SYSTEMS - ARE ENTRUSTED TO TAKE CARE
OF THE TREATMENT AND REHABILITATION PROGRAMS FOR
ALL CONVICTED CRIMINALS AND DELINQUENTS FOR
EVENTUAL REINTEGRATION IN THE FREE COMMUNITY.
CORRECTIONS PRACTICES IN THE PHILIPPINES ARE PROVIDED
BY THE THREE LEAD GOVERNMENT AGENCIES, NAMELY THE
DEPARTMENT OF JUSTICE (DOJ), THE DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT (DILG), AND THE
DEPARTMENT OF SOCIAL AND WELFARE AND DEVELOPMENT
(DSWD).
▪ RETRIBUTION – UNDER THE PHILIPPINES PENAL LAW, THE
BASIS OF CRIMINAL LIABILITY IS HUMAN FREEWILL AND THE
PURPOSE OF PUNISHMENT IS RETRIBUTION. INCARCERATION
OR IMPRISONMENT IS CARRIED OUT AND JUSTIFIED BY THE
STATE AS PENALTY FOR THE LAW VIOLATED. IMPRISONMENT IS
EXPECTED TO MAKE LIFE UNPLEASANT FOR THE PEOPLE WHO,
BY THEIR CRIMES, MADE OTHERS’ LIVES UNPLEASANT.
▪ DETERRENCE – THE STATE WANTS TO PROTECT THE SOCIETY
BY REDUCING CRIME AND ISOLATING AND SEGREGATING
CRIMINALS THROUGH IMPRISONMENT. PRISON IS EXPECTED
TO REFORM CONVICTS AND EFFECTIVELY DETERS OR
DISCOURAGES OTHERS FROM BECOMING CRIMINALS AND
THEREBY EFFECTIVELY REDUCES CRIME RATES AS A RESULT.
▪ ISOLATION – SEGREGATIONS CRIMINALS FROM SOCIETY
ARE AIMED AT PREVENTING THE OCCURRENCE OF CRIME AND
PROTECTING THE PUBLIC FROM HARM, WHICH CRIMINALS
MAY INFLICT.
▪ REFORMATION – THIS INVOLVES THE USE OF PUNITIVE AND
DISCIPLINARY MEASURES SUCH AS SOLITARY CONFINEMENT,
TO MODIFY OR REFORM CRIMINAL BEHAVIOR WHOSE
CONDUCT AND DEPORTMENT IS NOT TOTALLY RESPONDING TO
REHABILITATION PROGRAMS.
▪ REHABILITATION – REHABILITATION IS BASED ON THE
PREMISE THAT THROUGH CORRECTIONAL INTERVENTION
(EDUCATIONAL AND VOCATIONAL TRAINING AND
PSYCHOTHERAPEUTIC PROGRAMS), AN OFFENDER MAY BE
CHANGED. THIS PUNISHMENT IS ALSO KNOWN AS
INDIVIDUALIZED TREATMENT.
▪ REINTEGRATION – THE EFFORT OF CORRECTION TO CHANGE
CRIMINAL BEHAVIOR SHOULD RESULT IN A SITUATION AND
ABILITY ON THE PART OF THE PENITENT OFFENDER TO
RETURN TO SOCIETY IN SOME PRODUCTIVE AND MEANINGFUL
CAPACITY IN A FREE COMMUNITY.
▪ CLASSICAL SCHOOL OF THOUGHT - “LET THE PUNISHMENT
FITS THE CRIME” (BECCARIA). THE PHILOSOPHY OF HEDONISM
AND FREEWILL - TO MAKE A RATIONAL CHOICE BETWEEN
WHAT WILL CAUSE PAIN AND WHAT WILL RESULT IN
PLEASURE. THE EMPHASIS IS IN RESPONSE TO THE OFFENSE. A
SWIFT AND CERTAIN PUNISHMENT FOR CRIMINAL BEHAVIOR IS
ASSUMED BY THAT WILL DETER PEOPLE FROM COMMITTING
CRIME.
▪ NEO-CLASSICAL SCHOOL OF THOUGHT – IS A
MODIFICATION OF THE CLASSICAL ASSUMPTION OF FREEWILL
WHERE THERE WAS NO DEFINITION AS TO WHO HAS FREEWILL.
THEREFORE, NEO-CLASSICAL CONCEPT DEFINED THE
BOUNDARIES OF FREEWILL, THAT CHILDREN AND LUNATIC
PERSON DO NOT HAVE FREEWILL THUS THEY MUST BE
EXCLUDED TO ANY PUNISHMENT SINCE THEY DO NOT KNOW
WHAT IS RIGHT AND WRONG.
▪ POSITIVE SCHOOL OF THOUGHT - “LET THE TREATMENT
FITS THE CRIMINAL” (LOMBROSO). PEOPLE CANNOT ALWAYS
BE HELD ACCOUNTABLE FOR THEIR BEHAVIOR BECAUSE OF
FACTORS BEYOND THEIR CONTROL. THIS IS KNOWN AS
DETERMINISM. THAT MAN’S FREEWILL CAN BE INFLUENCED
AND BE DICTATED BY PHYSICAL, PSYCHOLOGICAL AND
ENVIRONMENTAL CONDITIONS. THAT WHEN A PERSON
COMMITS A CRIME THERE ARE EFFECTS OR HE SICK EITHER
PHYSICALLY, PSYCHOLOGICALLY OR ENVIRONMENTALLY
WHICH CAUSES HIM TO COMMIT CRIME.
▪ INSTITUTIONS-BASED CORRECTION – THOSE AGENCIES
AND INSTITUTION RESPONSIBLE FOR MAINTAINING PHYSICAL
CUSTODY OF AN OFFENDER AND INCLUDES JUVENILE HALL,
CAMPS AND PRISON.
▪ COMMUNITY-BASED CORRECTION – COMPRISING ALL
CORRECTIONAL ACTIVITY THAT TAKES PLACE OUTSIDE THE
INSTITUTION AND INCLUDES PROBATION, PAROLE AND OTHER
PROGRAMS OUTSIDE THE PRISON WALLS.
▪ DIVERSION - MEANS THE UTILIZATION OF ALTERNATIVES TO
INITIAL OR CONTINUE PROCESSING INTO THE JUSTICE
SYSTEM; IN TERMS OF PROCESSING, IT IMPLIES HALTING OR
SUSPENDING FORMAL CRIMINAL PROCEEDINGS IN FAVOR OR
PROCESSING THROUGH NON-CRIMINAL DISPOSITION OR
MEANS. ITS PURPOSE IS AIMED AT KEEPING OFFENDER OF THE
CJS OR OUT OF ITS INSTITUTIONAL COMPONENT.
 THE COMMUNITY PILLAR

▪ MOBILIZED COMMUNITY – REPRESENTS THE ENTIRE PEOPLE

COHESIVELY ORGANIZED AND MOBILIZED IN SYNCHRONIZED
ENERGY WITH THE GOVERNMENT TO HELP IN THE DECISION MAKING
AND PARTICIPATORY CRIMINAL JUSTICE ADMINISTRATION
INVOLVEMENT TO EFFECTIVELY ADDRESS THE LAW AND ORDER
CONCERN OF THE SOCIETY AND ITS PEOPLE. IT COMPRISED THE
POPULATION REPRESENTATIVE OF PEOPLE IN ALL WALKS OF LIFE TO
WIT; FAMILY, BARANGAY COUNCIL, SCHOOL, CHURCH, CIVIC
ORGANIZATIONS, GOS, NGOS, POS, LABOR AND PEASANTS, FARMERS
AND FISHER FOLKS, YOUTH, WOMEN, ELDERLY, URBAN POOR, THE
HANDICAP, BUSINESS AND PROFESSIONAL GROUPS, MASS MEDIA,
ETC.
▪ CRIME PREVENTION - EFFECTIVE ADMINISTRATION OF
JUSTICE, AND TREATMENT OF OFFENDERS ARE NOT MERELY
THE CONCERN OF THE POLICE, PROSECUTION, COURTS, AND
CORRECTIONS; IT IS EVERYBODY’S CONCERN. AS THEY SAY,
IT’S EVERYBODY’S BUSINESS. ANY PROGRAM ADDRESSED TO
THE PREVENTION AND CONTROL OF CRIME CAN SUCCEED
ONLY IF THE MASSIVE AND PERVASIVE BASE OF THE
COMMUNITY IS EFFECTIVELY HARNESSED, ORGANIZED,
ORCHESTRATED, AND MOBILIZED TO ACHIEVE DESIRED
GOALS.
▪ COMMUNITY-BASED CRIME PREVENTION - PRACTITIONERS
VOICE OF COMMON CONCERNS TO FIGHT CRIME IN THE
COMMUNITY INCLUDING ACTIVITIES OF REINFORCING THE
HONE AND FAMILY LIFE; EDUCATIONAL IMPROVEMENT;
HEALTH IMPROVEMENT; INVOLVEMENT OF RELIGION; MASS
MEDIA; OTHER COMMUNITY GROUP SERVICES, AND THE
CITIZENRY.
▪ HOME AND FAMILY - IS THE BASIC UNIT OF SOCIETY THAT BINDS
CHILDREN TO PARENTS AND PARENTS TO CHILDREN THROUGH
CONSTANT INTERPLAY OF PARENT’S AUTHORITY AND FINAL
OBEDIENCE. NO OTHER INSTITUTION OF THE COMMUNITY EXERTS A
MORE WHOLESOME AND POSITIVE EFFECT UPON THE GROWTH AND
ACHIEVERS, ON THE ONE HAND, AND THE MOST NOTORIOUS
CRIMINALS AND DEVIATES, ON THE OTHER HAND, ARE NURTURED. IT
IS IN THE HOME THAT A CHILD ID GIVEN THE BASIC ELEMENTS THAT
WOULD ALLOW HIM TO GROW UP AS A RESPONSIBLE AND LAW-
ABIDING MEMBER OF THE COMMUNITY. STRONG AND SOLID FAMILY
TIES BASED ON LOVE OF GOD AND NEIGHBOR ENSURE A CHILD’S
SATISFACTORY PHYSICAL, MENTAL, EMOTIONAL, SOCIAL AND MORAL
DEVELOPMENT. THE FIRST FIVE YEARS OF A CHILD’S LIFE ARE SO-
CALLED FORMATIVE YEARS DURING WHICH THE PERSONALITY OF THE
INDIVIDUAL IS MOLDED.
▪ THE SCHOOL - IS THE SECTOR ORDAINED TO EDUCATE THE
YOUTH AND TO INFUSE IN THEM THE RIGHT VALUES, MORALS
AND CHARACTER FOR USEFUL AND PRODUCTIVE CITIZENSHIP.
NEXT TO THE FAMILY, THE SCHOOL EXERCISES THE GREATEST
INFLUENCE ON THE YOUTH’S GROWTH AND SOCIALIZATION
SINCE THE CHILD SPENDS MOST OF HIS TIME IN SCHOOL.
TEACHER ARE RIGHTLY CALLED SECOND PARENT WHO
ASSUME THE DELICATE RESPONSIBILITY OF PARENTHOOD.
▪ THE CHURCH - DIMENSION OF CHURCHES INFLUENCE
EMBRACES THE WHOLE COUNTRY AND THE REMOTEST OF
COMMUNITIES WHERE MISSION OR LAITY WORK TAKE PLACE.
THE CHURCH HAS UNIQUE RESOURCES THAT CAN BE USED IN
ANY PLANNED EFFORT AGAINST CRIME AND DELINQUENCY.
RELIGION HAS SPIRITUAL AND MORAL PERSUASIONS THAT
CAN EASILY GENERATE SETS AND DENOMINATIONS FOR THE
SOLUTION OF THE MANY PROBLEMS IN SOCIETY.
CHARISMATIC COMMUNITIES OFFER ALTERNATIVES FOR
SPIRITUAL AND MORAL DEVELOPMENT OF THE INDIVIDUAL,
WHICH, IF SUSTAINED, WILL HAVE VISIBLE EFFECT IN
DETERRING HIM FROM ENGAGING IN DEVIANT ACTIVITIES.
▪ THE MEDIA - RESPONSIBLE AND SUSTAINED PUBLIC
INFORMATION PROGRAMS HELP IN EDUCATING THE PUBLIC
ABOUT THE ILL-EFFECTS OF CRIME AND THE WAYS BY WHICH
THE COMMUNITY CAN ASSIST IN PREVENTING AND
CONTROLLING IT. MEDIA LINK THE GOVERNMENT TO THE
COMMUNITY AND VICE VERSA. IT SERVES AS CONVEYOR,
TEACHER, FORUM OF IDEAS, CREATOR AND MAINTAINER OF
SOCIAL VALUES, AND FACILITATOR OF DESIRABLE,
GOVERNMENT-INDUCED INNOVATIONS.
▪ THE BARANGAY - AS THE SMALLEST POLITICAL UNIT IN THE
COUNTRY, THE BARANGAY PROVIDES THE NECESSARY
MECHANISM FOR COMMUNITY SUPPORT AND COOPERATION.
BARANGAYS CAN BE MOBILIZED INTO EFFECTIVE ACTION FOR
LAW ENFORCEMENT OR PEACEKEEPING FUNCTIONS WITHIN
THEIR RESPECTIVE JURISDICTIONS.
▪ COMMUNITY GROUPS SERVICES - BUSINESS AND
INDUSTRIAL ASSOCIATIONS AS WELL AS CIVIC AND
PROFESSIONAL ORGANIZATION HAVE DIRECT INFLUENCE IN
SHAPING THE LIVES OF PEOPLE.
▪ NGOS AND PEOPLES ORGANIZATIONS - ROLE OF NON-
GOVERNMENT ORGANIZATIONS (NGO) AND PRIVATE
VOLUNTARY ORGANIZATIONS (PVOS) IN THE ATTAINMENT OF
NATIONAL DEVELOPMENT AND PEACE AND ORDER IS
CRITICAL IN THE LIGHT OF SCARCE GOVERNMENT RESOURCES
AND SERIOUS INADEQUACIES IN THE DELIVERY OF SOCIAL
SERVICES TO THE POORER SECTORS OF SOCIETY. THEY SERVE
AS LEGITIMATE CHANNELS THROUGH WHICH FOREIGN AND
PRIVATE FUNDS ARE CONVERTED INTO SERVICES DELIVERED
TO THE COMMUNITY AND IN ADVOCATING SUPPORT FOR VITAL
ISSUES AND CONCERN.
 BARANGAY JUSTICE SYSTEM

▪ PRESIDENTIAL DECREE NO. 1508 - KATARUNGANG

PAMBARANGAY, CONSIDERED ONE OF THE LANDMARK PIECES
OF LEGISLATION ISSUED DURING MARTIAL LAW, IS AN
INNOVATION OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM. IT
PROVIDES FOR RESOLUTION OF DISPUTES AT THE BARANGAY
LEVEL IN ORDER TO ACHIEVE PEACE AND HARMONY WITHIN
THE COMMUNITY AND TO PROVIDE AN ACCESSIBLE AND
EFFECTIVE FORM OF JUSTICE FOR COMMUNITY MEMBERS.
▪ KATARUNGANG PAMBARANGAY LAW - PROVIDES FOR
LOCAL DISPUTES, WHICH WILL FALL UNDER ITS JURISDICTION
TO BE RESOLVED THROUGH THE PROCESS OF MEDIATION,
CONCILIATION, OR ARBITRATION BY THE LUPONG
TAGAPAMAYAPA OR LUPONS OF WHICH THE PUNONG
BARANGAY IS THE CHAIRMA
▪ KATARUNGANG PAMBARANGAY UNDER RA 7160 - THE
LOCAL GOVERNMENT CODE OF 1991 (RA 7160), WHICH TOOK
EFFECT ON JANUARY 1, 1992, HAS INCLUDED PROVISIONS FOR
THE CONCEPT OF KATARUNGANG PAMBARANGAY. THE
REVISION OF THE KATARUNGANG PAMBARANGAY LAW UNDER
RA 7160 HAS EXPANDED THE JURISDICTION OF THE
KATARUNGANG PAMBARANGAY TO INCLUDE A WIDER RANGE
OF CASES AND INTRODUCED CERTAIN MINOR PROCEDURAL
AMENDMENTS TO THE LAW. THE IMPLEMENTATION AND
SUPERVISION OF THE KATARUNGANG PAMBARANGAY WAS
GIVEN TO THE CITY OR MUNICIPALITY TO EMPOWER LOCAL
GOVERNMENT UNITS (LGUS).
UNDER THE LOCAL GOVERNMENT CODE, LAW TO PROVIDE
THE NECESSARY BUDGETARY OUTLAY FOR THE EFFICIENT
ADMINISTRATION AND IMPLEMENTATION OF KATARUNGANG
PAMBARANGAY NOW MANDATES EVERY CITY/MUNICIPAL
COUNCIL AND EVERY CITY MUNICIPAL LAWYER AND PUBLIC
PROSECUTOR IS TASKED TO RENDER LEGAL OPINION ON
CASES PRESENTED BY THE PUNONG PAMBARANGAY OR THE
PANGKAT NG TAGAPAGSUNDO THROUGH THE LUPONG
TAGAPAMAYAPA.
▪ AMICABLE SETTLEMENT - AT THE BARANGAY LEVEL,
MEDIATION IS A FORM OF THE INDIGENOUS SYSTEM OF
PROMOTING FRIENDSHIP, KEEPING THE PEACE, ENSURE ORDER
AND JUSTICE ORIGINALLY PRACTICED AS AN ALTERNATIVE MODE
OF GOVERNANCE AND PEOPLE EMPOWERMENT. THE ACTIVE
PARTICIPATION OF PEOPLE ON PROVING EFFECTIVE SOLUTIONS
TO PROBLEMS AND DISPUTES REQUIRE INNATE WISDOM AND
ABILITY TO PUT EVERYTHING UNDER CONTROL FOLLOWING WIN-
WIN SITUATIONS. THE PRINCIPLE OF MEDIATION, CONCILIATION
AND ARBITRATION AS A MODE OF SETTLING DISPUTES IS TO
BRING THE CONCERNED PARTIES TOGETHER AND REACH AN
AGREEMENT OF MUTUAL UNDERSTANDING THAT THE WHOLE
PROCESS RESTS UPON THE PARTIES.
▪ MEDIATION - IS A FACE-TO-FACE DISPUTES PROCESS WITH
THE PUNONG BARANGAY AS MEDIATOR ASSISTING THE
NEGOTIATING DISPUTANTS IN DEFINING ISSUE AND INTEREST,
REVIEWING INTEREST, EXPLORING SOLUTIONS, AND
DEVELOPING MUTUALLY ACCEPTABLE SETTLEMENTS. THE
MEDIATION (OR CONCILIATION) PROCEEDING ARE NOT HELD
FOR THE PURPOSE OF DETERMINING THE LEGAL THE RIGHTS
AND OBLIGATIONS OF THE PARTIES. RATHER, THEY ARE FOR
THE PURPOSE OF ENCOURAGING AND HELPING THE PARTIES
TO ARRIVE AT AN AMICABLE SETTLEMENT OF THEIR DISPUTE.
▪ CONCILIATION - IS A FORM OF MEDIATION WHERE THE
PANGKAT NG TAGAPAGKASUNDO, A PANEL OF THREE
MEDIATORS SELECTED FROM THE LUPONG TAGAPAMAYAPA,
ASSISTS THE PARTIES IN FORMULATING THEIR OWN
AGREEMENT IN A FACE-TO-FACE MEETING.
▪ ARBITRATION - IS A FACE-TO-FACE DISPUTE RESOLUTION
PROCESS WHEREBY THE PUNONG BARANGAY OR THE
PANGKAT NG THE DISPUTING PARTIES GRANT
TAGAPAGKASUNDO, ACTING AS AN ARBITRATOR. THE PARTIES
PRESENT EVIDENCE AS TO THE FACTS AND MERITS OF THE
CASE TO THE ARBITRATOR. ON THE BASIS OF THE FACTS, THE
ARBITRATOR MAKES A DECISION, AN AWARD THAT HE OR SHE
BELIEVES TO BE FAIR AND JUST. THE ARBITRATOR(S) MUST BE
NEUTRAL, IMPARTIAL, AND ACCEPTABLE TO THE DISPUTING
PARTIES.
▪ DISPUTE RESOLUTION - IF PARTIES ARE UNABLE TO SETTLE
DISPUTES THEMSELVES THROUGH NEGOTIATION AND THE
DISPUTES FALLS UNDER THE JURISDICTION OF THE
KATARUNGANG PAMBARANGAY, THEY MUST BRING THE CASE
TO THE PUNONG BARANGAY TO ATTEMPT SETTLEMENT PRIOR
TO FILLING THEIR COMPLAINT IN COURT. IN THE
KATARUNGANG PAMBARANGAY SYSTEM THE PUNONG
BARANGAY WILL, AS DIRECTED BY THE PARTIES, MEDIATE OR
ARBITRATE THE CASE.
IF THE PUNONG BARANGAY IS UNABLE TO ACHIEVE A
SETTLEMENT, THE CASE IS REFERRED TO THE PANGKAT NG
TAGAPAGKASUNDO, A PANEL OF THREE MEMBERS OF THE
LUPONG TAGAPAMAYAPA, WHO CAN CONCILIATE (MEDIATE)
OR ARBITRATE THE CASE. IF NEITHER THE PUNONG
BARANGAY NOR THE PANGKAT IS ABLE TO ARRIVE AT A
SETTLEMENT, THE LUPON SECRETARY OR THE PANGKAT
SECRETARY (WITH ATTESTATION BY THE LUPON OR PANGKAT
CHAIRMAN) WILL ISSUE A CERTIFICATE TO FILE ACTION IN
COURT, AND THE PARTIES MAY THEN FILE THE COMPLAINT IN
COURT.