Review on Phil Criminal Justice System


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Reviewer in Philippine Criminal Justice System

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  • Code of Hammurabi and Code of Kalantiaw
  • Review on Phil Criminal Justice System

    1. 1. Philip B. Magtaan, RCr, MSC, CSP Instructor
    2. 2. Justice is rendering what is due him. It is also refers to the peace, order and well-being of the society that are threatened or disrupted when a crime is committed. Law is a rule of just conduct, and made obligatory by legitimate authority for the general welfare and benefit of the people. A law must be just or equal wherein no one is above the law and it applies to everyone. In any law, punishment is always attached, to give a deterrent or controlling effect unto the other’s behavior. Laws and punishment must not be feared but rather it should only be followed for everybody’s equal opportunity of protection. Those who are afraid of the law are only those would be violators of law, for they know that they will be punished and suffer curtailment of one’s freedom as a consequence of violating the law.
    3. 3. 1. Substantive law – law that creates the right and obligations of persons; defines their status; governs their relations; and confers power upon them. 2. Adjective law – it is part of the law that governs the prosecution and defense of action involving the enforcement of rights and obligation. 3. Public law – deals principally with the powers, rights and obligations of the state. 4. Private law – deals with the individuals his rights and transactions, and his affairs. 5. International law – governing relation between state and sovereign entities or between states and international organization of state. 6. Municipal law – the entire body of law enacted by jurisdiction and applied in that jurisdiction.
    4. 4. • Justice – it refers to the peace, order and well-being of the society that are threatened or disrupted when a crime is committed. • Criminal Justice – it is part of justice that concerns itself with giving the state, the victim of the crime as well as the victim, the dessert consequent upon the commission of the crime. • Criminal Justice System - it consist of the institution, offices, officers and procedures for the enforcement of public order, particularly for dealing with infractions or violation of laws. • Offender – it is the principal character in the criminal justice system. • Victim/Offended Party – they are the neglected or forgotten man in the criminal justice system.
    6. 6. Crime • “An act or omission punishable by law” (RPC, Phils) • “An act or omission prohibited by law for the protection of the public, the violation of which is prosecuted by the state in its own name and punishable by incarceration.” (Model Penal Code, US) Elements of Crime 1. An act (actus reus) 2. An unlawful act 3. An intent (mens rea) 4. Attendant circumstances 5. Concurrence of act and intent 6. Causation
    7. 7. • An effective alternative to the administration of Criminal Justice. • Crime is, primarily, an offense against human relationships and, secondarily, against the state. Principle of Restorative Justice 1. Justice requires that we work to restore those who have been injured. 2. Those most directly involved and affected by crime should have the opportunity to participate fully in response to its solution if they wish. 3. Government’s role is to preserve a just public order, and the community’s role is to build and maintain a just peace.
    8. 8. 1. Philippine Constitution of 1987 a. Congress/Senate – pass laws (bicameral legislature) b. Executive – enforce laws c. Judiciary – interpret the laws 2. Revised Penal Code (Act 3815 as amended) 3. Rules of Court ***Principle of “Nullum crimen, nulla poena sine lege” – if there is no crime, there is no law punishing it.
    9. 9. 1. Primary Goals a. Maintenance of peace and order. b. Protection of member of the society. 2. Secondary Goals a. Prevention of crime. b. Review legality of preventive and suppressive measures. c. Judicial determination of guilt or innocence of those apprehended. d. Proper disposition of those who have been found guilty. e. The correction of socially approved means of the behavior of those who violate criminal law. f. Suppression of criminal conduct by apprehending offenders for whom prevention is ineffective.
    11. 11. • The prime mover of the system. • Component of the CJS which is vulnerable to corruption. The term POLICE It is derived from the word POLITIA, meaning condition of the state, government and administration. POLITIA originated from the Greek word “Politea” which means government, citizenship, or the entire activity of a POLIS, a city. But in restricted sense, it refers to that body of armed men which as an institution is capable of exercising its duties by armed physical forces in the preservation of peace and order, detection and investigation of crimes, and enforcement of laws.
    12. 12. The PNP is the primary law enforcement agency of the country, which is national in scope and civilian in character. It was activated on January 29, 1991 under Section 23, Chapter III, of RA 6975, entitled, "An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government,". It was constituted from the full merger of the former PC and the INP with Police Director General CESAR NAZARENO as the First Chief, PNP.
    13. 13. • Section 4, Article 2 of the 1987 Constitution provides that, "... it is the policy of the State to promote peace and order, ensure public safety and further strengthen local government capability aimed towards the effective delivery of basic services for the citizenry through the establishment of a highly and competent police force that is national in scope and civilian in character". • Section 23, Chapter III, of Republic Act No. 6975, "An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government", or otherwise known as, "The PNP Law".
    14. 14. Statutory Power of the Police: • To enforce laws and ordinances relative to the protection of lives and properties; • To maintain peace and order and take all necessary steps to ensure public safety; • To investigate and prevent crime , effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; • To detain arrested person/s for a period not beyond what is prescribed by law, informing the persons so detained of all rights under the constitution; and • To exercise the general powers to make arrest, search and seizure and enforce pertinent laws.
    15. 15. Licensing, Supervisory and Control and Training: • To issue licenses for the possession of firearms and explosives in accordance with law; • To supervise and control the training and operations of security agencies and issue license to operate security agencies, and to security guards and private detectives for the practice of their profession; • To train students taking up their baccalaureate, vocational or technical courses in undergoing Law Enforcement Service Program in compliance to the National Service Law.
    16. 16. Deputized Statutory Power of the Police to perform such other duties and exercise all other functions as maybe provided by law such as: • To enforce election laws during the conduct of election; • To enforce laws on agriculture, environment and natural resources; • To enforce laws on land transportation; and, • To enforce other laws under the jurisdiction of various departments and/or offices of the government where the PNP is deputized under the principle of intra-coordination between and among offices/ departments of the government.
    17. 17. • Republic Act No. 4864 – police act of 1966. This law gives birth to NAPOLCOM. • Presidential Decree 765 –Philippine Constabulary/Integrated National Police (PC/INP) Law. • Presidential Decree 1184 – police professionalization law of 1977 and gives birth to Philippine National Police Academy. • Republic Act No. 6975 –an act establishing the PNP under the reorganized Department of Interior and Local Government and for other purposes. • Republic Act No. 8551 – PNP reform and reorganization act of 1998. Republic Act No. 9708 – an act extending for five (5) years the reglementary period for complying with the minimum educational qualification for appointment to the Philippine National Police (PNP) and adjusting the promotion system thereof, amending for the purpose pertinent provisions of republic act no. 6975 and republic act no. 8551 and for other purposes.
    18. 18. • Exercise administrative and operational supervision. • Advice the president on all matters involving police function and administration. • Render the president and congress an annual report. • Perform other function as president may direct.
    19. 19. • It has jurisdiction to hear and decide citizen’s complaint or cases filed before it against officers of the Philippine National Police. • It composed of the following: 1. Member of sanguniang bayan/lungsod chosen by their sangunian 2. Barangay captain (ABC president) 3. Member of peace and order council from the respected community known for their integrity.
    20. 20. • It is a warning given to a person who is a suspected in a crime and is under custodial investigation. It includes: • Right to remain silent. • Right to counsel, preferably his own choice. • Right to be informed by such rights and accusation against him. • These rights are required to be recited by a police officer except such information will imperil the arrest.
    21. 21. • National Bureau of Investigation (created by Commonwealth Act 181 and reorganized by Republic Act 157 ) • Philippine Drug Enforcement Agency (PDEA) – RA 9165 • Optical Media Board (OMB) - Republic Act 9239 • Bureau of Customs (BOC) • Bureau of Immigration (BI) • Bureau of Internal Revenue (BIR) • Bureau of Quarantine • Bureau of Food and Drugs (BFAD) • Commission on Human Rights (CHR)
    22. 22. • Maritime Industry Authority (MARINA) • Philippine Coast Guard (PCG) - Republic Act No. 9993 • Movie and Television Review and Classification Board (MTRCB) • Intellectual Property Office (IPO) - Republic Act No. 8239 • Department of Environment and Natural Resources (DENR) • Bangko Sentral ng Pilipinas (BSP) • Land Transportation Office (LTO) – RA 4136
    23. 23. Differentiate the following: • Confession and Admission • Crime Prevention and Crime Control • Motive and Intent • PNP and AFP
    24. 24. Terminologies • Prosecution – is the process or method whereby accusations are brought before the court of justice to determine the guilt or innocence of the accused. • Prosecutor – it refers to the person who is a quasi-judicial officer who assures full discretion and control over a criminal case in the administration of justice and represents the government or the people of the Philippines in a criminal proceeding in the court of law. • Preliminary investigation – it is the inquiry or proceedings for the purpose of determining whether there is sufficient ground that the crime is committed and probably guilty thereof and should be held for trial.
    25. 25. • Probable cause - it is the existence of such facts and circumstances as would exile the belief that the person charged is guilty thereof. • Inquest – it is an informal and summary investigation conducted by a public prosecutor in criminal cases when the suspect was arrested without warrant in order to continue the detention of the suspect beyond what is prescribed by law. • Ombudsman – a conditionally independent office that has disciplinary and prosecutorial functions and exercise jurisdiction over administrative cases filed against government officers or employees and can impose administrative penalties. (RA 6770)
    26. 26. 1. Adversarial/accusatorial system – the victim or his representative has the primary responsibility for finding and presenting evidences to the court. The accused is presumed guilty until proven innocence. 2. Inquisitorial – the judge searches the facts, listens to witness to be taken, and investigate to prove the guilt or innocence of the accused. The accused is presumed innocence until proven guilty. 3. Mixed system – adopts both accusatorial and inquisitorial, where the victim or his representatives provides the fats, evidences and testimony of witness to prove the guilt of the accused. The accused is presumed innocent and also provides facts, evidences and testimony of his witness to disprove the accusation of the complainant. The judge will investigate and determine the guilt of the accused beyond reasonable doubt and its moral certainty.
    27. 27. A prosecutor is one whose principal task is to charge violators of the law with the offenses that they may have committed, to conduct preliminary investigation, to file the necessary information before the court, and to represent the People of the Philippines. Prosecutors are part of the Executive Branch of government and as a general rule belong to the Department of Justice. However, the Ombudsman also prosecutes offenses committed by public officer or employees.
    28. 28. 1. conduct preliminary investigation 2. make proper recommendation during the inquest 3. represent the government in the absence of private counsel/prosecutor under his supervision and control 4. acts as a law officer, adviser of political instrumentality’s and their officials 5. investigate administrative cases
    29. 29. 1. Finds cause to hold the respondent for trial, and he shall prepare the resolution and corresponding information. 2. Certify under oath, shown by the record, an authorized officer, personally examine the complainant and his witnesses that the accused is guilty thereof. 3. Informed by the complaint and of the evidence submitted against the accused. 4. Given an opportunity to submit controverting evidence. 5. If there is no probable cause, recommend the dismissal of the complaint. 6. Forward the record of the case including the resolution to the provincial of city fiscal of chief state prosecutor within 5 days.
    30. 30. 1. It is similar with the police to determine the course of action and the proper recommendation relative to the case assigned to him. 2. File the case in court on the merits. 3. Dismiss the case of insufficiency of evidence. 4. Enter into agreement with the defense counsel. 5. Recommend reduced charges and bail in favor of the accused.
    31. 31. 1. File criminal case against the accused. 2. File administrative case against the prosecutor. 3. Hold the prosecutor criminally liable. 4. File accused for mandamus to compel the fiscal to file information. 5. File motion for reconsideration. 6. Appeal to DOJ.
    32. 32. Differentiate the following: • Evidence and Proof • Complaint and Information • Civil Case and Criminal Case • Adultery and Concubinage • Prescription of Crime and Prescription of Penalty
    33. 33. Terminologies • Court – is the governmental body officially assembled under the authority of law at the appropriate time and place for the administration of justice through which the state enforce its sovereign rights and powers. • Judge – a public officer so named in his written evidence of appointment (commission) assigned to preside over and to administer the law in a court of justice. • Arraignment – it is the reading of the criminal complaint or information to the defendant, by the judge or clerk of court and delivering to him of the copy thereof, including the list of witnesses and asking him whether he pleads guilty or not. • Promulgation – the clerk of court reads the decision of the judge after hearing of the case.
    34. 34. • Bench – it refers to the courts in general. • Bar – it refers to persons authorized to practice the legal profession (lawyers admitted to the roll of attorneys of the Supreme Court). • Venue – it is the site and location where the case is to be tried on the merits. • Trial – it is the period for the introduction of evidence by both parties. • Certiorari – it is a writ issued from a superior court requiring a lower court or a board, or officer exercising judicial functions to transmit the records of a case to the superior court for the purpose of review. • Mandamus – an order issued by superior court commanding a lower court or a corporation, board or person to perform a certain act which it is or his duty to do so.
    35. 35. Trial by Order – it is an ancient procedure whereby an appeal was made to God to make manifestation of the guilt or innocence of accused. This was considered as “Judicium” which means the judgment by God. Trial by Ordeal – it is a system of determining guilt and innocence based on painful test of skills. This method of administration of justice was abolished in 1215. In the Philippines, during the pre-Spanish period almost the same concept was being adopted based from the early law of the Philippines. During the Spanish era, there where laws being followed by the people but no due process of law was used to establish the guilt or innocence of the person. Only the determination of punishment to be imposed upon the person who believed to have violated the law. During the early years of Spanish regime, the highest court was Royal Audencia that decides criminal and civil charges but its decision were appealable to the Supreme Court of Spain in Madrid.
    36. 36. When Manila fell to the American occupational forces in 1898, General Wesley Meritt established a military government and organized provost/military courts that tried and decide all cases. But on May 29, 1899 Gen. Meritt issued General Order No. 20 which re-established the audencia. The said order named six Filipino members of the Court and Cayetano Arellano was appointed as the first Filipino Chief Justice. June 11, 1901 marks the birth of Supreme Court by the virtue of Act 136 (Judiciary Law). Other courts such as Court of First Instance (Regional Trial Court), Justice of the Peace Courts and other court were subsequently established. On August 8, 1901, the new Supreme Court promulgated its first decision.
    37. 37. Judicial Power – it is the power to apply the laws to contest or disputes concerning legally recognized rights and duties between the states and private persons, or between individual litigants in cases properly brought before the judicial tribunals. a. To pass upon the validity or constitutionality of the laws of the state and the acts of other branches and department of the government. b. To interpret and construe the law. c. To render authoritative judgment. d. To punish person adjudge in contempt and issue warrants of arrest after due process has been observed.
    38. 38. Jurisdiction – it is the authority to hear and determine a cause. It can be over the offense (i.e. determined by law) as well as over the accused (i.e. by means of arrest or surrender of the accused). 1. General – when it is empowered to decide all disputes which may come before it except those assigned to other courts. 2. Limited – when it has authority to hear and determine only a specific case. (special court) 3. Original – when it can try and decide a case presented for the first time. 4. Appellate – when it can take a case already heard and
    39. 39. 5. Exclusive – when it can try and decide a case which cannot be presented before any court. 6. Concurrent – when anyone of two or more courts may take cognizance of a case. 7. Criminal – that which exists for the punishment of crime. 8. Civil – that which exists when the subject matter is not a criminal nature. Criminal Procedure – it is the method pointed out by law for the apprehension, trial or prosecution and fixing a punishment of the person who have violated or accused to have broken or violated the law, prescribe for the coagulation of the conduct of the people of the community and who have thereby laid themselves liable to fine or one
    40. 40. 1. Keeping peace – it is the primary functions of any courts by giving justice. 2. Deciding controversies 3. Administrative role. 4. Decide the culpability or innocence of the accused. 5. Protector of human rights – promote justice in order to obtain peace satisfaction and happiness of our citizenry and judges should exhibit impartiality in his decision to the contentment of all his litigants.
    41. 41. A. Regular Courts – the Philippine Judicial System consists of a hierarchy of courts resembling a pyramid under the Reorganization Act of 1980. 1. First Level Court/Inferior court – a court which have jurisdiction over cases where the penalty that may be imposed does not exceed six years imprisonment. It is classified as: a. Municipal Trial Court – a trial court in municipality and the judge covers one municipality. b. Metropolitan Trial Court – a trial court in metropolitan areas or chartered cities. c. Municipal Trial Court for Cities – a trial court in a city. d. Municipal Circuit Trial Court – a trial court in municipality and the judge covers two or more municipalities.
    42. 42. 2. Court of General Jurisdiction/Regional Trial Court – it refers to a court which have jurisdiction over offenses punishable by more than six years imprisonment to reclusion perpetua or life imprisonment. 3. Court of Appeals – a collegiate appellate court that reviews judgments from inferior courts and court of general jurisdiction. It is composed of a one presiding judge and sixty-eight associate justices who shall be appointed by the president of the Philippines. It operates in seventeen divisions, each comprising three members. It only sits in en banc to exercise ceremonial, administrative or other non- adjudicatory functions. It was established under Batas Pambansa Bilang 129 known as “The Judiciary Reorganization Act of 1980”. 4. Supreme Court – it is the court of final appeal that affirms, modifies, affirms or reverses judgments of lower court. It is composed of chief justice and fourteen associate justices and may sit either en banc or its discretion, in division of three, five or seven members. Any vacancy shall be filled within ninety days and it shall be appointed by the president. Likewise, Supreme Court has the power to discipline judges of lower courts or order their dismissal by the vote of majority.
    43. 43. 1. Sandiganbayan – a collegiate court that sit both as a trial court or as an appeal court when the accused is a government employee classified as Salary Grade 27 or above and is charged with a crime in connection with his office. This special court was established under Presidential Decree 1606 and its rank is equivalent to Court of Appeals. It sits in five divisions of three justices each. Those divisions may sit at the same time. The first three divisions stationed in Metro Manila (Luzon), the fourth division in Cebu City (Visayas) and the fifth division shall be in Cagayan de Oro (Mindanao).
    44. 44. 2. Court of Tax Appeals – a collegiate appellate court that has criminal jurisdiction over violation of the Internal Revenue Code where the principal amount of taxes and fees exclusive of penalties and charges in one million pesos or more. It is a special court of limited jurisdiction. It was created under Republic Act 1125 and expanded its jurisdiction and enlarging its membership through Republic Act 9282. It is the same level with Court of Appeals. It composed of Presiding Judge and five associate justices and sits in two divisions consisting of three justices.
    45. 45. 3. Family Court – a trial court that has jurisdiction over criminal offenses where either the victim or the perpetrator is a child regardless of the offenses or penalty be imposed. It is created through Republic Act 8369 otherwise known as “Family Court Act of 1997”. 4. Military Court – a court that exercises jurisdiction over men and women of the AFP who violates Article of War. The president as commander-in-chief has the authority the decisions made by them.
    46. 46. 5. The Shari‘a Courts This court was created under Presidential Decree 1083. This court was established in certain specified provinces in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. A Shari‘a District Court is of limited jurisdiction. Cases falling within the exclusive jurisdiction primarily pertain to family rights and duties as well as contractual relations of Filipino Muslims in Mindanao. It has appellate jurisdiction over all cases tried in Shari’a Circuit Courts within their territorial jurisdiction. There are five Shari’a District Courts. A Shari’a Circuit Courts is similar to Municipal Circuit Trial Courts and were established in certain municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. There are fifty-one Shari’a Circuit Courts.
    47. 47. • First level court/inferior court – 3 months • Court of Appeals/Collegiate appellate court – 12 months • Supreme Court – 24 months
    48. 48. • Chapter 7, Title One, Book III, Local Government Code of 1991, Republic Act 7160 - Katarungang Pambarangay Law which took effect on June 1, 1992. • PD 1508 - the first law which institutionalized the Katarungang Pambarangay which took effect on December 20, 1978.
    49. 49. • composed of the punong barangay, as chairman and ten (10) to twenty (20) members • possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity Functions: 1. exercise administrative supervision over the conciliation panels 2. meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes
    50. 50. • constituted for each dispute brought before the lupon consisting of three (3) members who shall be chosen by the parties to the dispute from the list of members of the lupon • the three (3) members constituting the pangkat shall elect from among themselves the chairman and the secretary
    51. 51. • one party is the government and its instrumentality • one party is a public officer or employee, and the dispute relates to the performance of his official functions • offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00) • offenses where there is no private offended party • where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon • disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon • other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.
    52. 52. • The accused is under detention. • The person is calling for habeas corpus proceedings. • Where actions are coupled with provisional remedies. • Where the action may otherwise be barred by the statute of limitations.
    53. 53. 1. NO LAWYERS allowed in barangay hearings. 2. Not all cases go to the Katarungan Pambarangay. 3. Execution may be filed in court. 4. The Lupong Tagapamayapa is NOT a court.
    54. 54. Differentiate the following: • Warrant of Arrest and Search Warrant • Accused and Plaintiff • Motion and Objection • Appeal and Motion for Reconsideration • Arbitration, Mediation and Conciliation
    55. 55. Terminologies • Correction – it is the community’s reaction to a convicted offender. It is the fourth pillar of CJS and considered as the weakest among the pillars. • Penology – it is the division of criminology that focus with the philosophy and practice of society in its effort to repress criminal activities. It was derived from the Latin word “poena” which means “pain” or “suffering”. • Punishment – it is regarded as an effective means of social control. It is the imposition of penalty whether in a form of imprisonment and fine or both.
    56. 56. • Protection – it is regarded as a social defense wherein the society would gain protection by putting criminals behind bars. • Deterrence – it is based on the belief that the offender when punished and inflicted with suffering would learn the hard way. • Retribution – it is a primitive form of inflicting punishment by way of personal vengeance. In its imposition, the punishment would depend on the degree of satisfaction the aggrieved of offended party would obtain. • Reformation – it is the latest justification resorted to by the imposition of punishment. It is an attempt to return the law violator as responsible and productive member of the society. • Rehabilitation – refers to treatment by means of therapy, vocational training, education and counseling to help criminals to adjust to society and to avoid deviant social behavior. • Indeterminate Sentence – a sentence of imprisonment for the maximum period define by law subject to the termination by the parole board at any time after serving the minimum period. • Mittimus – a warrant issued by the court bearing it seals and the signature of the judge directing a correctional facility to receive the convicted offender for service of sentence imposed therein.
    57. 57. • Diversification – it refers to penal system’s implementation of segregation. • Carpeta – the institutional record of inmate which consist of his commitment order, the prosecutor’s information and the decision of the court, including the appellate court if there is any. • Classification – it is the method of placing prisoners into type of categories by which diagnosis treatment planning and execution of treatment programs are coordinated in individual case. • Custody – a penal safekeeping includes measures and activities. • Detainee – a person under custody for the violation of law or ordinance and has not yet been convicted. • Prison – refers to institution for confinement of sentence prisoners serving imprisonment for more than three years. • Prisoner – a person confined in jail or prison to serve a sentence after a conviction by a competent court or authority. • Atonement or Expiation – the penalty is commensurate with the gravity of the offense based on the norms observed by the
    58. 58. • Elmira Reformatory – the forerunner of modern penology due to its extensive use of parole, social case work and training school type of institution. It incorporated the first official use of parole release in the US. • Auburn System – it is one of the forerunners of modern correctional system wherein they confine the prisoners in single cells at night but allow them to work in congregate shops during the day. • Pennsylvania System – the penal method based on the principle that solitary confinement fosters penitence and encourages reformation. Prisoners were kept in solitary confinement Prisoners saw no one except institution officers and an occasional visitor. Solitary penitence, however, was soon modified to include the performance of work such as shoemaking or weaving. It was spread until it predominated in European prisons.
    59. 59. It was formerly Bureau of Prisons (created by the virtue of Reorganization Act of 1907) and under Chapter IV Section 1705 to 1720 of the Revised Administrative Code, otherwise known as the Prison Law enacted its procedures for operation. It was prescribed to be headed by Chief to be known as the Director of Prisons who shall oversee the administration, supervision, management and control of all state prison institution on our country. The President of RP appoints its head with the confirmation of the congress by the commission on appointments. The Bureau of Corrections or BuCor, is an agency under the Department of Justice, mandated to carry out institutional rehabilitation programs of the government for national offenders, those sentenced to more than three years, and to ensure their safe custody. It is composed of seven operating institutions strategically located all over the country to accept national prisoners. The central office is located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the Director, the assistant directors and the general administration staff are holding official
    60. 60. 1. New Bilibid Prison (NBP) 2. San Ramon Prison and Penal Farm (SRPPF) 3. Iwahig Prison and Penal Farm (IPPF) 4. Correctional Institution for Women (CIW) 5. Sablayan Prison and Penal Farm (SPPF) 6. Davao Prison and Penal Farm (DPPF) 7. Leyte Regional Prison (LRP)
    61. 61. The RDC is a specialized service designed to service correction system. The casework of individualized method of diagnosis and treatment of the convicts are held there for a period of 60 days commencing from their commitment to the prison.
    62. 62. On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion. As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local Government. Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP as a mere component, to become a full-fledge bureau. Director Charles S. Mondejar took his oath of office on July 1 of 1991 as the first Chief of the Bureau.
    63. 63. 1. By Security Risk • Maximum – it includes high security risk or highly dangerous inmates and requires an extreme degree of supervision and control. • Medium – include those cannot be trusted in less secured areas whose conduct or behavior require minimum supervision. • Minimum – include who may be reasonably trusted to serve their sentence under less restricted conditions.
    64. 64. 2. As to entitlement of privileges • Third class – one who has either been previously committed for three of more times as a sentenced inmate. • Second class – a newly arrived inmate; an inmate demoted form first class of one promoted from the third class. • First class – are those whose known character and credit for work while in detention earned assignment to this class upon start of sentence; or one who has been promoted from the second class. • Colonist – who are first class inmates and has served for one year immediately preceding the completion of the period specified in the following classifications; has
    65. 65. 3. Under Presidential Decree 29 • Municipal Prisoners – persons convicted to serve a period of imprisonment of not more than six months. • Provincial/City Prisoners – persons who by reason of their sentence may be deprived of liberty of not more than three years or those who are unable to pay a fine of 1, 000 pesos. • National Prisoner – prisoners who are convicted to serve a term of imprisonment of more than three years.
    66. 66. 1. Deterrence – the preventive effect which actual or threatened punishment of offender has upon potential offender. 2. Rehabilitation – it is the process to help the criminals to adjust to society and to avoid deviant behavior. 3. Reintegration – this process submits that the criminal behavior was due to the gap between the criminal and the community. 4. Isolation of Prisoners – insulation of criminals from law- abiding citizens so as to not to pollute them.
    67. 67. Jails are considered as the bulwark of community social protection in the sense that it isolates the offenders from the rest of the population for a period while the determination of their case in heard on the merits. Types of Jail 1. Lock-up Jail – security facility operated by personnel of the local law enforcement units for temporary detention of person under investigation or waiting preliminary investigation. 2. Ordinary Jail – this facility houses prisoner convicted of offenses which the punishment does not exceed three years of imprisonment and those with pending cases before the courts and run by BJMP.
    68. 68. • Pardon – it is a form of executive clemency which is an act exercised by the President which exempting an individual on whom it is bestowed from the punishment of the law inflicts for the crime he has committed. • Amnesty – it is the general pardon extended to a group or classes of persons and is exercised by the chief executive, with the concurrence of congress. • Commutation – it is the change in the decision of the court made by the President by reducing the degree of penalty inflicted upon the convict or by reducing the length of imprisonment of amount of fine imposed by the court in the verdict of conviction. • Reprieve – it is the temporary stay in the execution of the sentence. The execution is set backwards to enable the President to review the merits of the case and determine proper punishment for the convict. It is exercise only the
    69. 69. • Reprieve – it is the temporary stay in the execution of the sentence. The execution is set backwards to enable the President to review the merits of the case and determine proper punishment for the convict. It is exercise only the President only after the conviction. • Probation – it is a juridical disposition after which the dependant after conviction and the sentence is release subject to the condition imposed by the court and the supervision of probation officer. Presidential Decree 968 is the Probation Law of 1976. • Parole – it is a form of supervised conditional liberty from prison granted prior to the expiration of the sentence. It is come from the French word “Parole d’honeur” meaning “word of honor”.
    70. 70. Differentiate the following: • Prisoner and Detainee • Life Imprisonment and Reclusion Perpetua • Punishment and Correction
    71. 71. The community has an unparalleled role as the fifth pillar of the CJS. In this connection, community understood the mean as elements that are mobilized and energized to help the authorities in effectively addressing the law and order concerned of the citizenry. In fact, the community should be considered the first pillar because it is above all that aspires after a certain quality of social life expressed in public policy as well as in criminal law and codes. Community has the vital role in law enforcement. The citizen can achieved these roles by identifying offenders, giving data and information about the illegal activity or cohorts of the criminals, the proliferation of organized crimes and syndicates, volunteering as witness and adapting precautionary and remedial measures to diminished crimes. Crime prevention is not a sole responsibility of all law enforcement agencies but it is equally the concern of every citizen in order to have a peaceful place to live.
    72. 72. 1. The Home – it is the cradle of personality, for in it the child forms fundamental attitudes and habit that endure throughout his life. 2. The School – it is in a strategic position to prevent crime and delinquency because it exercises authority over every child who is of school age. It has the excellent opportunity to influence child’s attitudes and behavior. 3. The Church – it points out to the faith their relationship to God and their fellowmen, and who, by work and example, lead community members to live a moral life. 4. The Government – it is a duly constituted authority that enforces the laws of the land, as such, it is the most powerful institution as far as control of people is concerned. Respect for the government is influenced by the respect of the public to the people running the government.
    73. 73. 5. The Mass Media – it is considered as the best instrument for information dissemination, and the best source of knowledge for the public. It is where the public opinions are formed and gives food for thought to the people. 6. The Community Agencies – nation is composed of people who interacts with one another and follows same rules and regulation. 7. The Barangay Official – it is a cohesive group of inhabitants possessing commitment and performing well-defined and significant role that can be transformed into effective and harmonious action for the prevention and of crime and delinquency.
    74. 74.  It is the Witness Protection, Security and Benefit act of 1991. Under Sec 8 of this law, the witness shall have the following rights and benefits: 1. To have secure housing facilities until he has testified or until the threat, intimidation or harassment disappear. 2. Assistance in obtaining livelihood. 3. Giving equivalent salary if the witness has been terminated due to witness duty. 4. Provide reasonable travelling allowance. 5. Provide with the medical treatment, hospitalization and medicines. 6. If the witness is killed due to his witness duty, his heirs shall be entitled to burial benefits of P10,000 exclusive of any other benefits. 7. In case of death or permanent incapacity his minor or dependent children shall be entitled to free education from primary to college level.
    75. 75. Questions