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.
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.
• Justice – it refers to the peace, order and well-being of the
society that are threatened or disrupted when a crime is
• 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
• Victim/Offended Party – they are the neglected or forgotten
man in the criminal justice system.
• “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
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
• An effective alternative to the administration of Criminal
• 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
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
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.
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
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.
• 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.
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.
• 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".
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
• 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.
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.
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
• 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
• Republic Act No. 4864 – police act of 1966. This law gives birth to
• 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
• 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.
• 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.
• It has jurisdiction to hear and decide citizen’s complaint
or cases filed before it against officers of the Philippine
• It composed of the following:
1. Member of sanguniang bayan/lungsod chosen by their
2. Barangay captain (ABC president)
3. Member of peace and order council from the respected
community known for their integrity.
• 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.
• National Bureau of Investigation (created by
Commonwealth Act 181 and reorganized by Republic Act
• Philippine Drug Enforcement Agency (PDEA) – RA
• 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)
• Maritime Industry Authority (MARINA)
• Philippine Coast Guard (PCG) - Republic Act No. 9993
• Movie and Television Review and Classification
• Intellectual Property Office (IPO) - Republic Act No.
• Department of Environment and Natural Resources
• Bangko Sentral ng Pilipinas (BSP)
• Land Transportation Office (LTO) – RA 4136
Differentiate the following:
• Confession and Admission
• Crime Prevention and Crime Control
• Motive and Intent
• PNP and AFP
• 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.
• 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
• 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)
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
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.
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.
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
1. Finds cause to hold the respondent for trial, and he
shall prepare the resolution and corresponding
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.
1. It is similar with the police to determine the
course of action and the proper
recommendation relative to the case assigned
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.
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
5. File motion for reconsideration.
6. Appeal to DOJ.
Differentiate the following:
• Evidence and Proof
• Complaint and Information
• Civil Case and Criminal Case
• Adultery and Concubinage
• Prescription of Crime and
Prescription of Penalty
• 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.
• 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
• 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
• 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.
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.
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.
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.
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
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
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 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
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.
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
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
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.
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
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).
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
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.
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
• 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.
• 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
1. exercise administrative supervision over the conciliation
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
• 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
• the three (3) members constituting the pangkat shall elect
from among themselves the chairman and the secretary
• 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
• 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
• other classes of disputes which the President may determine
in the interest of Justice or upon the recommendation of the
Secretary of Justice.
• 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
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.
Differentiate the following:
• Warrant of Arrest and Search Warrant
• Accused and Plaintiff
• Motion and Objection
• Appeal and Motion for Reconsideration
• Arbitration, Mediation and
• 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.
• 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
• Diversification – it refers to penal system’s implementation of
• 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
• 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
• Custody – a penal safekeeping includes measures and
• 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
• 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
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
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
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)
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.
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.
As mandated by law, the BJMP shall operate under
the reorganized Department of the Interior and Local
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.
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 – include who may be reasonably trusted to
serve their sentence under less restricted conditions.
2. As to entitlement of privileges
• Third class – one who has either been previously
committed for three of more times as a sentenced
• Second class – a newly arrived inmate; an inmate
demoted form first class of one promoted from the third
• 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
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.
1. Deterrence – the preventive effect which actual or
threatened punishment of offender has upon potential
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
4. Isolation of Prisoners – insulation of criminals from law-
abiding citizens so as to not to pollute them.
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
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.
• 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
• 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”.
Differentiate the following:
• Prisoner and Detainee
• Life Imprisonment and Reclusion Perpetua
• Punishment and Correction
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.
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.
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
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.
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
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
7. In case of death or permanent incapacity his minor or
dependent children shall be entitled to free education from
primary to college level.