CLJ - CRIMINAL JUSTICE RESTORATIVE JUSTICE

RESTITUTIVE JUSTICE
SYSTEM PHILIPPINE CRIMINAL JUSTICE SYSTEM
Culled by: Charlemagne James P. Ramos Criminal Justice System

 Criminal Justice System (CJS)

 Definition of terms
machinery which society
 Crime
 Act uses in the prevention and control of crime.
 Omission
The process is the totality of the activities of
 Criminal law
 Elements of criminal law law enforcers, prosecutors, defense lawyers,
 Characteristics of criminal law
 Criminal judges and corrections personnel, as well as those of the mobilized
 Arraignment community in
 Justice crime prevention and control.
 System
 Criminal justice system The sum total of instrumentation which a society uses in the prevention
 Victim and control of crime and delinquency.

SCOPE Comprises all means used to enforce these standards of conduct, which are
deemed necessary to protect individuals and to maintain general well-being
Enumerate and explain the 5 pillars of Philippine criminal justice of the community.
system as a structure and as a process;
QUESTION
Explain various Criminal Justice Models and Criminal Justice
Philosophy and Approaches; The United states Criminal Justice System are:

Discuss the relationship between The Criminal, The Criminal Law, A. Police, Prosecutor, Judge
The Victim and The Criminal Justice;
B. Police, Courts, Community
Elucidate The components and functions of the Philippine Criminal
C. Police, Courts, Corrections
Justice System;

Discuss the linkages of the Philippine Criminal System components D. Police, Jury, Corrections
in the administration of justice; and QUESTION
Differentiate the system of criminal justice in the Philippines The United states Criminal Justice System are:
(Barangay Justice System, Regular Justice system)
A. Police, Prosecutor, Judge
QUESTION
B. Police, Courts, Community
What can we correctly say about restorative justice?
C. Police, Courts, Corrections
A. The ideal outcome from restorative justice is a satisfied
victim and an offender who has been punished. D. Police, Jury, Corrections

B. One of the focuses of restorative justice is on financial Three Pillars of the American Justice System
compensation for the victim
LAW ENFORCEMENT/POLICE
C. Those who are harmed are the focus and can include police
COURTS
officers. It involves some sort of mediation between offender
and victim CORRECTIONS
D. The offender accountability defined and taking punishment QUESTION

ANSWER What is the 2nd pillar in the US criminal justice system?

C. Those who are harmed are the focus and can include police A. Court
officers. It involves some sort of mediation between offender and
victim B. Prosecution

RETRIBUTIVE JUSTICE C. Community

 D. Correction How does the CJS Operate?

ANSWER The first four pillars, i.e., LAW ENFORCEMENT, PROSECUTION,

COURTS, AND CORRECTIONS, pertain to the traditional
What is the 2nd pillar in the US criminal justice system? agencies vested with the official responsibility in dealing with crime or in crime
A. Court control. The COMMUNITY PILLAR IS THE MOST
BROADBASED. Under the concept of a participative criminal justice system
B. Prosecution in the Philippines, public and private agencies, as well as citizens, become a
part of the CJS when they become involved in issues and participate in
C. Community activities related to crime prevention and control.
D. Correction Remedial or Procedural law
What are the major components of the CJS? per se provides a method of enforcing redress for the invasion and rights that
Police or Law Enforcement was created, defined and regulated by a substantive law. (Bustos vs. Lucero
GR-L2068)
Prosecution
Substantive law
Courts
establishes right to life, liberty and property. (Bustos vs. Lucero GR-L2068)
Corrections
The Criminal Justice System
Mobilized Community
is the network of courts and tribunals
PPCCC (2Ps & 3 Cs)
which deal with criminal and its enforcement.
What are the functions of the major components of the CJS?
In Criminologist parlance,
1. To prevent and control the commission of crime
it is the structure and process of activities of the five (5)
2. To enforce the law;
pillars namely: The Law enforcement, Prosecution, Court, Correction,
3. To safeguard lives, individual rights, and properties;
and Community for prevention and control of crime.
4. To investigate, apprehend, prosecute and sentence
Criminal Procedure
those who violated the rules of society; and,
is a part of remedial law which
5. To rehabilitate the convicts and reintegrate them
provides for the apprehension, prosecution, conviction or acquittal,
into the community as law-abiding citizens.
as the case may be, of a person who is accused of having committed a
QUESTION
crime. (Suarez, Intro. to law 2013 Ed., p. 247)
It is the process of reducing if not eliminate the existence of a cause
from initially occurring, thus, lessen the police work as suppressing It the duty of the Law Enforcement Pillar to strictly follow the Rules on
the spread of criminality. Criminal Procedure on methods of Arrest, Search and Seizure and RA
A. Crime Prevention 7438

B. Crime control (An act defining certain rights of person arrested, detained or under

C. Criminal apprehension custodial investigation as well as the duties of the arresting, detaining and

D. Criminal Investigation investigating officers, and providing penalties for violations thereof).

ANSWER Arrest, Search and Seizure is provided under Rule 113 and Rule 126 of

It is the process of reducing if not eliminate the existence of a cause Rules on Criminal Procedure such as: Arrest how made (Sec. 2 Rule 113),
from initially occurring, thus, lessen the police work as suppressing Duty of arresting officer (Sec. 3 Rule 113) Execution of warrant (Sec. 4 Rule
the spread of criminality.
113), Warrantless arrest (Sec. 5 Rule) Time of making arrest (Sec. 6 Rule
A. Crime Prevention
113), application for search warrant (Sec. 2 Rule 126), property to be seized
B. Crime control
(Sec. 3 Rule 126), time of making search (Sec. 9 Rule 126) and Search
C. Criminal apprehension
incident to lawful arrest (Sec. 13 Rule 126) etc.
D. Criminal Investigation
 • Crime prevention – the prevention and suppression of crimes A. The police do not have legal authority to use force
have traditionally been accepted as the primary goal of the local
police forces. B. The police cannot be held criminality and/or civilly liable
for excessive use of force
• Criminal apprehension – it is a police responsibility to identify,
C. The police can use one higher level of force than that with
locate and apprehend offenders.
they are confronted
• Law enforcement – it is the basic responsibility of the police to
D. Police officers prefer to use force rather than tactical
enforce the law.
communications
• Order maintenance – one of the most troublesome ANSWER
responsibilities of the police.
Which of the following statements is most accurate with respect to
• Public service – because the police is the most visible symbol of police officers and their use of force?
authority, they are called upon to assist in situations like location
of lost persons or properties, to provide VIP, bank and funeral A. The police do not have legal authority to use force
escorts and other similar duties.
B. The police cannot be held criminality and/or civilly liable
• Traffic regulation and motor accident investigation – The for excessive use of force
police are expected to ensure road safety for both pedestrians and
motorists and assist in cases of road accidents and emergencies C. The police can use one higher level of force than that with
they are confronted
QUESTION
D. Police officers prefer to use force rather than tactical
It is a national agency under the Office of the President responsible communications
for regulating the production, use and distribution of recording
media. QUESTION

A. Movie and Television Review and Classification Board What is the name of the police role that centers on preventing and
controlling behavior that disturbs the public peace?
B. Optical Media Board
A. Crime prevention and service
C. Optical Media Admin
B. Order maintenance
D. Department of Trade and Industry
C. Crime control
ANSWER
D. Community policing
It is a national agency under the Office of the President responsible
for regulating the production, use and distribution of recording ANSWER
media. What is the name of the police role that centers on preventing and
A. Movie and Television Review and Classification Board controlling behavior that disturbs the public peace?

B. Optical Media Board A. Crime prevention and service

C. Optical Media Admin B. Order maintenance

D. Department of Trade and Industry C. Crime control

The Police or Law Enforcement Pillar D. Community policing

THE FIRST PILLAR QUESTION

Police/Law enforcement Every policeman must do is job well, leaving nothing undone
through carelessness in order to maintain public _____.
Philippine National Police (PNP)
A. Resentment C. Alienation
the prevention and control of crimes, enforcement of
B. Support D. pride
laws, and affecting the arrest of offenders,
ANSWER
including the conduct of lawful searches and seizures to gather necessary
evidences so that a complaint may be filed with the Prosecutor’s Office. Every policeman must do is job well, leaving nothing undone
through carelessness in order to maintain public _____.
QUESTION
A. Resentment C. Alienation
Which of the following statements is most accurate with respect to
police officers and their use of force? B. Support D. pride
QUESTION Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers.
Danger and authority are features of the working personality of the
police. Another feature is: (a) Any person arrested detained or under custodial investigation shall at
all times be assisted by counsel.
A. close family ties
Rights of Persons Arrested, Detained or Under Custodial
B. isolation from public Investigation; Duties of Public Officers.
C. prejudice (b) Any public officer or employee, or anyone acting under his order or his
D. material orientedness place, who arrests, detains or investigates any person for the commission
of an offense shall inform the latter, in a language known to and
ANSWER understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice,
Danger and authority are features of the working personality of the who shall at all times be allowed to confer privately with the person
police. Another feature is: arrested, detained or under custodial investigation. If such person cannot
A. close family ties afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.
B. isolation from public
Rights of Persons Arrested, Detained or Under Custodial
C. prejudice Investigation; Duties of Public Officers.
D. material orientedness (c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or
QUESTION thumbmarked if the person arrested or detained does not know how
Police authority to use force in serving compliance with the law is to read and write, it shall be read and adequately explained to him by his
basic role of maintaining public order. This activity carries with it a counsel or by the assisting counsel provided by the investigating officer in
responsibility to use only ____ physical force necessary on any the language or dialect known to such arrested or detained person,
particular occasion to achieve a lawful objective. otherwise, such investigation report shall be null and void and of no effect
whatsoever.
A. Enough C. adequate
Rights of Persons Arrested, Detained or Under Custodial
B. Full D. reasonable Investigation; Duties of Public Officers.
ANSWER (d) Any extrajudicial confession made by a person arrested, detained or
under custodial investigation shall be in writing and signed by such
Police authority to use force in serving compliance with the law is person in the presence of his counsel or in the latter's absence, upon a
basic role of maintaining public order. This activity carries with it a valid waiver, and in the presence of any of the parents, elder brothers
responsibility to use only ____ physical force necessary on any and sisters, his spouse, the municipal mayor, the municipal judge,
particular occasion to achieve a lawful objective.
district school supervisor, or priest or minister of the gospel as chosen
A. Enough C. adequate by him; otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.
B. Full D. reasonable
Rights of Persons Arrested, Detained or Under Custodial
QUESTION Investigation; Duties of Public Officers.
This is a criminal justice process which means the questioning (e) Any waiver by a person arrested or detained under the provisions of
initiated by law enforcers after a person has been taken onto custody Article 125 of the Revised Penal Code, or under custodial investigation,
or otherwise deprived of his freedom of action in a significant way. shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.
A. Criminal investigation
Rights of Persons Arrested, Detained or Under Custodial
B. Custodial investigation
Investigation; Duties of Public Officers.
C. Pre – charge investigation
(f) Any person arrested or detained or under custodial investigation shall be
D. Preliminary investigation allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by
ANSWER him or by any member of his immediate family or by his counsel, or by
any national non-governmental organization duly accredited by the
B. Custodial investigation
Commission on Human Rights of by any international non-governmental
RA 7438 organization duly accredited by the Office of the President.

SALIENT FEATURES The person's "immediate family“ Shall include:

1. his or her spouse,

 2. fiancé or fiancée, Filipino Policemen

3. parent or child, Alcalde Mayor

4. brother or sister, History of Philippine Policing System

5. grandparent or grandchild, American Period

6. uncle or aunt, General Howard Taft

7. nephew or niece, Act No. 70 of Taft Commision

8. and guardian or ward. Jan 9, 1901

As used in this Act, "custodial investigation" shall include the Metropolitan Police Force of Manila
practice of issuing an "invitation" to a person who is investigated in
connection with an offense he is suspected to have committed, History of Philippine Policing System
without prejudice to the liability of the "inviting" officer for any Act no. 175- “An Act Providing For The Organization
violation of law.
And Government Of An Insular Constabulary”
The assisting counsel other than the government lawyers shall be
entitled to the following fees; July 18, 1901

(a) The amount of One hundred fifty pesos (P150.00) if the suspected Act no. 255 - “The Act Renamed The Insular
person is chargeable with light felonies;
Constabulary Into Philippine Constabulary”
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected
person is chargeable with less grave or grave felonies; October 3, 1901

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected History of Philippine Policing System
person is chargeable with a capital offense. Executive Order 389 – PC as one of the four services of the AFP. Dec
In the absence of any lawyer, no custodial investigation shall be 23 1940
conducted and the suspected person can only be detained by the RA 4864
investigating officer in accordance with the provisions of Article 125
of the Revised Penal Code. POLCOM

History of Philippine Policing System (Police Professionalism Act 1966)

Ancient Roots Sept. 8 1966

Practice of barangay chieftains History of Philippine Policing System

Spanish Period PD 765

Carabineros de Seguridad Publica Integration Act of 1975

1712 August 8 1975

Carries regulation of the department state E.O. 1012

Mounted police Transfer of INP supervision and direction

Port, harbor and river police City and Municipal Government

History of Philippine Policing System History of Philippine Policing System

Guardrilleros RA 6975

Rural police Dec 13 1990

Royal Decree 18 jan 1836 RA 8551

5% of able bodied man Feb 25 1998

3 years RA 9708

Guardia Civil “National in Scope Civilian In Character”

Feb 12 1852 QUESTION

The problem on illegal gambling, particularly jueteng is unabated. A. National Prosecution Service
Who has the control and supervision powers over anti gambling
operations? B. PNP

A. Local government executives C. Ombudsman

B. DILG local government officer D. Solicitor General

C. PNP regional director ANSWER

D. Chief of Police Its most important function in the Criminal Justice System is to
maintain and recognize the rule of law through the speedy delivery
ANSWER of services particularly in the prosecution and investigation of all
crimes.
The problem on illegal gambling, particularly jueteng is unabated.
Who has the control and supervision powers over anti gambling A. National Prosecution Service
operations?
B. PNP
A. Local government executives
C. Ombudsman
B. DILG local government officer
D. Solicitor General
C. PNP regional director
QUESTION
D. Chief of Police
What pillar conducts preliminary investigation of cases filed in the
QUESTION prosecutors’ offices and prosecutes cases filed in the court against
alleged offenders, after probable cause has been established?
What is the process wherein the suspect is brought to the police
station to be fingerprinted, photographed and to have personal A. Court
information recorded?
B. Prosecution
A. Hearing C. trial
C. Correction
B. booking D. custody
D. Community
ANSWER
ANSWER
What is the process wherein the suspect is brought to the police
station to be fingerprinted, photographed and to have personal What pillar conducts preliminary investigation of cases filed in the
information recorded? prosecutors’ offices and prosecutes cases filed in the court against
alleged offenders, after probable cause has been established?
A. Hearing C. trial
A. Court
B. booking D. custody
B. Prosecution
QUESTION
C. Correction
What is the authority to make decisions without reference to specific
rules or facts, using instead one’s own judgment? D. Community

A. Negotiation C. Arraignment Prosecution Pillar

B. Discretion D. Plea bargaining The second pillar

ANSWER investigation of the complaint

What is the authority to make decisions without reference to specific Once a prima facie case has been determined
rules or facts, using instead one’s own judgment? Regional Trial Court
A. Negotiation C. Arraignment warrant of arrest for the accused will be issued by
B. Discretion D.Plea bargaining the court once the information has been filled.
QUESTION NOTE:
Its most important function in the Criminal Justice System is to In the rural areas, the PNP may file the complaint with the inferior courts
maintain and recognize the rule of law through the speedy delivery (i.e. the Municipal Trial Courts or the Municipal Circuit Trial Courts). The
of services particularly in the prosecution and investigation of all judges of these inferior courts act as quasi-prosecutors only for the purpose
crimes. of the PRELIMINARY INVESTIGATION.
Prosecution Pillar composed of the Office of the Chief State Prosecutor, the Regional State
Prosecution Offices and the Provincial and City Prosecution Office
the course of action or process whereby accusations are brought before a
court of justice to determine the innocence or guilt of the accused under the general supervision and control of the Secretary of the
Department of Justice
in a criminal action, it is a proceeding instituted and carried on by due
course of law, before a competent tribunal, for the purpose of determining the Chief State Prosecutor is the head of the Prosecutorial Staff
the guilt or innocence of a person charged with a crime
QUESTION
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
A preliminary investigation is required to be conducted before the
one who prosecutes another for a crime in the name of the government; filing of a complaint or information for an offense where the penalty
one who investigates the prosecution upon which an accused is arrested; prescribed by law is at least
one who prepares an accusation against the party whom he suspects to be
guilty A. Four (4) years, two (2) months and one (1) day
without regard to the fine
an officer of the government whose function is the prosecution of criminal
actions or suits partaking of the nature of criminal actions B. Four (4) years, two (2) months and one (1) day with
regard to the fine
QUESTION
C. Six (6) years, two (2) months and one (1) day
The criminal justice practitioner who must have the evidence to show without regard to the fine
that the required elements of a criminal act are present, that the
suspect has committed the act, and that, she or he has formulated D. Six (6) years, two (2) months and one (1) day with
some intent to commit the act. regard to the fine

A. Judge C. parole officer 421

B. Policeman D. prosecutor Four (4) years,

ANSWER two (2) months and

The criminal justice practitioner who must have the evidence to show one (1) day without regard to the fine
that the required elements of a criminal act are present, that the QUESTION
suspect has committed the act, and that, she or he has formulated
some intent to commit the act. Sworn written statement, subscribed by offended party, any peace
officer of public officer in charged of enforcement of the law violated
A. Judge C. parole officer filed either to the court or to the office of the prosecutor.
B. Policeman D. prosecutor A. Complaint
It is the duty of the Prosecution Pillar to investigate alleged crime B. Information
whether the existence of facts and circumstances as would excite the C. Pleadings
belief, in a reasonable mind, acting on the facts within the D. Affidavit
knowledge of prosecutor that the person charged was guilty of the ANSWER
crime for which he was prosecuted. (Que vs. IAC GR 66865, Jan. 13, Sworn written statement, subscribed by offended party, any peace
1989) officer of public officer in charged of enforcement of the law violated
Prosecution of Criminal Action and Civil Action, Preliminary filed either to the court or to the office of the prosecutor.
investigation and Inquest Proceeding is provided under Rules on A. Complaint
Criminal Procedure namely Rule 110, Rule 111, and Rule 112.
B. Information
to conduct preliminary investigation;
C. Pleadings
to make proper recommendation during the inquest of the case referred to
them by the police after investigation of the suspect; D. Affidavit

to represent the government or state during the prosecution of the case QUESTION
against the accused
Advocates of accused, acting as intermediaries and counselors and
the principal prosecutory arm of the government represents the interest of persons accused of a crime are the:

its primary task is to investigate and prosecute all criminal offenses defined A. Attorneys
and penalized under the Revised Penal Code and other special laws
B. Counselors
 C. Counsels the person against whom or against whose property the crime was
committed
D. Private defense counsels/public attorney

ANSWER
PEACE OFFICERS
Advocates of accused, acting as intermediaries and counselors and
represents the interest of persons accused of a crime are the: officers directly charged with the preservation of peace, law and order

A. Attorneys includes members of the Philippine National Police

B. Counselors PERSONS AUTHORIZED TO CONDUCT PRELIMINARY

INVESTIGATION (PNO’s)
C. Counsels
Provincial or city prosecutors and their assistants (PCP)
D. Private defense counsels/public attorney
Judges of the municipal trial courts and municipal circuit trial courts (No
NOTE: Private defense counsels/public attorney longer allowed)
/ Counsel de parte, Counsel de officio National and regional state prosecutors (NRSP)
PRELIMINARY INVESTIGATION Other officers as may be authorized by law:
an inquiry or proceeding to determine whether there is sufficient ground to Tanodbayan’s special prosecutors as authorized by the Ombudsman
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof COMELEC’s authorized legal officers in connection with election offenses

it is required to be conducted before the filing of the information for an Special prosecutors appointed by the Secretary of Justice
offense where the penalty prescribed by law is at least four years, two
months and one day Court Pillar

The third pillar of the CJS

PROBABLE CAUSE is the forum where the prosecution is given the opportunity to prove that
there is a strong evidence of guilt against the accused
the existence of such facts and circumstances as would excite a belief in a
reasonable mind, acting on the facts within the knowledge of the “day in court” to disprove the accusation against him.
prosecutor, that the person charged is guilty of the crime for which he is presumption is the innocence of any person accused of a crime unless
prosecuted proved otherwise
such facts and circumstances which would lead a reasonably discreet and the courts must determine the guilt of the accused – beyond reasonable
prudent man to believe that an offense has been committed by the person doubt – based on the strength of the evidence of the prosecution.
sought to be arrested
Court Pillar
Pleadings
The third pillar of the CJS
Refers to written allegation of the parties to the case.
If there is any reasonable doubt that the accused committed the crime, he
Are the written statements of the respective claims and defenses of the has to be acquitted.
parties submitted to the court for appropriate judgment (Rule 6, Sec 1,
RC). provides that the accused can be convicted of a lesser crime than the crime
he has been charged with in the information.

But the elements of the lesser offense should be necessarily included in the
COMPLAINT offense charged, and such lesser crime was proven by competent evidence.
a sworn, written statement charging a person with an offense, subscribed
by the offended party, any peace officer or other public officers charged
with the enforcement of the law It is the duty of the Court Pillar to examine issues between parties to an
action,
may be filed either before the prosecutor’s office or the court
to issue Arrest and Search warrant whether there is probable cause for
INFORMATION its issuance.
an accusation in writing charging a person with an offense subscribed by Before the issuance of Search Warrant by a court there is a need first for
the fiscal and filed with the court the

determination of probable cause which are facts and circumstances which would
OFFENDED PARTY lead a reasonably discrete and prudent man to believe that an offense has been
committed and that objects sought in connection with the offense are in the contending parties before the court which hears them impartially and
renders judgement only after trial.
place sought to be searched. The same as Warrant of Arrest which are facts and
Jurisdiction
circumstances which would lead a reasonably discreet and prudent man to
came from two Latin words “Juris” which means law and “Dico” meaning
believe that an offense has been committed by the person sought to be arrested.
Speak consequently, “I speak by the law”. Also, the Latin word “Jus
The existence of Probable Cause must be determined by the judge or dicere” or “the right to speak.” Strictly speaking, Jurisdiction is the
officer so power or authority to hear, try, and decide a case. (Herrera vs. Barreto,
GR 8692 Sep. 10, 1913)
one must examine the witness personally, must be under oath, and
must be Venue

reduced to writing in a form of questions and answer. (Marinas vs. is the place of the court where the trial is to take place. (Torres, Oblig.
Siochi, GR L- And Cont., 2000, p. 355) it may be define also as the territorial or
geographical unit where the jurisdiction is being exercised.
25707 and 25753-25754 May 14, 1981)
Jurisdiction is the power or authority per se of the court, while Venue is the place where
Criminal Procedure is the method prescribe by law for the the said power or authority being exercised.
apprehension and prosecution of persons accused of any criminal Courts Pillar

offense, and for their punishment, in case of conviction. (Herrera, Court

Remedial Law 1996, p. 1) The court is an entity
Criminal Procedure is a generic term to describe the network of laws and The court possess the element of stability and permanency

rules which governs the procedural administration of justice. (Black’s law Judge
Dictionary, Fifth Edition, p. 337.) The Rules on Criminal Procedure is The judge is a person appointed to a court
under
The judge may come and go anytime
Rule 110-127 of the Rules of Court and it applies to all courts except as
The constitution ordains that judicial power shall be vested in one Supreme Court
otherwise provided by the Supreme Court. (Sec. 2, Rule 1) it governs the and such lower courts as may be established. The Philippine judicial system
was created by BP 129 or known as the Judicial Reorganization act of 1980
procedure to be observed in xxx criminal actions xxx. (Sec. 3, Rule 1) except which took effect on January 18, 1983.

by analogy or in suppletory character and whenever practicable and Court

convenient. (Sec. 4, Rule 1) is an organ of government consisting of one or several persons,
Inquisitorial authorized to administer justice. (Black’s and Am. Jur. And C.J.S., cited
by Riano) It is also where justice is being administered.
The Detection and Prosecution of offenders are NOT left to the initiative
of private parties but to the officials and agents of the law. Resort is made Place where jurisdiction is being exercised
to secret inquiry to discover the culprit and violence and torture were and as a rule jurisdiction is conferred only by the Constitution or Statute.
often employed to extract a confession. The Judge was not limited to
the evidence brought before him but could proceed with his own For instance, the Supreme Court owes its creation under the constitution
inquiry which was not confrontative. [(Law of Criminal Procedure, while the Sandiganbayan is created and organized by the Statute.
1872) Herrera, Remedial Law, 1996 p. 2)]
JUDICIARY
Accusatorial
that branch of the government which is vested with judicial power
The accusation is exercised by every citizen or by a member of the
group to which the injured party belongs. As the action is a combat between the That branch of the government which is empowered to interpret, construe
parties, the supposed offender has the right to be confronted by his accuser. The battle and apply the laws.
in the form of a public trial is judged by a magistrate who renders the JUDICIAL POWER
verdict. [(G.O. No. 58) Herrera, Remedial Law, 1996 p. 2)]
The power to apply the laws to contests or disputes concerning legally
Eclectic/Mixed System recognized rights or duties of and between the state and the private persons
This is a combination of the inquisitorial and the accusatorial system. or between individual litigants in cases properly brought before the judicial
Thus, For instance, under Rule 112 Preliminary Investigation the examination of tribunals.
defendants and other persons before filing of the complaint or information is inquisitorial. Vested in one Supreme Court and in such lower courts .

The Supreme Court said that in Queto vs. Catolico that our Judicial Hierarchy of Courts
set-up is ACCUSATORIAL OR ADVERSARY. It contemplates two
is an ordained sequence of recourse to courts vested with concurrent CONTENTS OF JUDGMENT
jurisdiction, beginning from the lowest, on to the next highest, and
ultimately to the highest. PROMULGATION OF JUDGMENT

This hierarchy is determinative of the venue of appeals, and is likewise by reading in the presence of the accused and any judge of the court in
determinative of the proper forum for petitions for extraordinary writs. which it was rendered

Principle of Judicial Hierarchy if the judge is absent, the judgment may be promulgated by the clerk of
court
the judicial system follows a ladderized scheme which in essence
requires that lower courts initially decide on a case before it is GENERAL JURISDICTION
considered by a higher court. EXCLUSIVE JURISDICTION
Specifically, under the judicial policy recognizing hierarchy of courts, a CONCURRENT JURISDICTION
higher court will not entertain direct resort to it unless the redress
cannot be obtained in the appropriate courts. (Santiago vs. Vasquez DELEGATED JURISDICTION
cited by Riano, 1993)
ORDINARY JURISDICTION
Courts Pillar
LIMITED JURISDICTION
Court
ORIGINAL JURISDICTION
The court is an entity
APPELATE JURISDICTION
The court possess the element of stability and permanency
It refers to courts that have no limit on the types of criminal and civil
Judge cases they may hear.

The judge is a person appointed to a court It is the power of the courts to adjudicate all controversies except those
withheld from it.
The judge may come and go anytime
For instance, RTC may be considered as having General Jurisdiction, as it
a public officer so named in his commission and appointed to preside over has jurisdiction over cases not falling within the jurisdiction of any court,
and to administer the law in a court of justice tribunal, person or body exercising judicial or quasi-judicial functions.
CONTENTS OF JUDGMENT The power to adjudicate a case to the exclusion of other courts.
JUDGMENT OF CONVICTION For instance, the Shari ‘a Courts has Exclusive Jurisdiction in all cases
When the judge finds the accused guilty of the charges against him involving custody, guardianship, legitimacy, paternity and filiation
arising under the code of Muslim personal laws.
The legal qualification of the offense constituted by the acts committed by
the accused and the aggravating or mitigating circumstances which attended The same as, for example, Alden committed Abduction the place that was
its commission traverse while committing Abduction were from Makati to Antipolo. The
courts of Antipolo and Makati has concurrent jurisdiction (proceeding
The participation of the accused in the offense, whether as principal, number) to the crime but if the Antipolo Court took cognizance of the case
accomplice or accessory after the fact it will excluded other courts from taking cognizance of the case.

The penalty imposed upon the accused That which possessed over the same parties or subject matter at the same
time by two (2) or more separate tribunals (Puse vs. Santos GR 183678).
The civil liability or damages caused by his wrongful act or omission to be
recovered from the accused by the offended party unless the enforcement It is the power to confer upon different courts to take cognizance of
of the civil liability by a separate civil action has been reserved or waived. the same case.

CONTENTS OF JUDGMENT For instance, the Supreme Court has concurrent jurisdiction with Court of
Appeal and Regional Trial Court on petitions for certiorari, prohibition
JUDGEMENT OF ACQUITTAL and mandamus against Municipal Trial Court.
When the judge finds the accused not guilty of the charges against him. It a jurisdiction given vis-à-vis to Ordinary Jurisdiction, for instance a
Shall state whether the evidence of the prosecution absolutely failed to delegated court may take cognizance on cases of cadastral and registration.
prove the guilt of the accused or merely failed to prove his guilt beyond ORDINARY JURISDICTION
reasonable doubt.
Jurisdiction which is attached by law to an office. (Roman Catholic
Apostolic Administrator of Davao, Inc. vs. Land Registration Commision,
Rendition of Judgment GR L-8451)

the writing of the judgment by the judge. Courts that are limited in the types of criminal and civil cases they may hear.
It is one which restricts the court’s jurisdiction only to a particular case. This principle also means that once jurisdiction has attached, it cannot be
ousted by subsequent happenings or events, although of a character
For instance, Family Courts are limited only in trying cases involving Cases which would have prevented jurisdiction from attaching in the first
of domestic violation against women and their children (violation of RA instance. The court, once jurisdiction has been acquired, retains that
9262) jurisdiction until it finally disposes of the case. Even the finality of the
It is the power of the court to take cognizance of a case for the first judgment does not totally deprive the court of jurisdiction over the case.
time under conditions provided by law. (Garcia vs. De Jesus GR 88158) What the court loses is the power to amend, modify or alter the judgment.
Even after the judgment has become final, the court retains jurisdiction to
For instance, cases that were tried in Municipal Trial Court that was enforce and execute it (Echegaray vs. Secretary of Justice, 301 SCRA 96).
appealed to Regional Trial Court. In this case MTC has original jurisdiction
while RTS has appellate jurisdiction. Venue in criminal case is jurisdictional.

It is the power of the court higher in rank

to re-examine the final order or judgement of a lower court which tried the case now It is necessary that the offense must be committed within the court’s
elevated for judicial review. (Garcia vs. De Jesus GR 88158) territorial jurisdiction or any one of its essential ingredients should
have taken place within the territorial jurisdiction of the court.
Jurisdiction over the subject matter;
Except in the following:
Jurisdiction over the territory; and
When the offense committed are those offenses enumerated in Article 2 of
Jurisdiction over the person of the accused the Revised Penal Code is cognizable by the Regional Trial Court where the
criminal actions was first filed.
It is the power to hear and determine cases of the general class to
which the proceedings in question belong. (Reyes vs. Diaz, GR 48754) Where the Supreme Court change the venue of trial to avoid a miscarriage
of justice.
It is the power to deal with the general subject involved in the action,
Where the offense was a transitory crime, the criminal action could be
and means not simply jurisdiction of the particular case then instituted to any court where it passed during the trip.
occupying the attention of the court but jurisdiction of the class of cases to When the person involved and the nature of the offense is cognizable by
which the particular case belongs. the Sandiganbayan. It is not where it was committed but the where the
It is the power or authority to hear and determine cases to which the proceeding in question Sandiganbayan actually sits.
belongs. In cases of Written Defamation (Libel cases), it is not necessary that the
Jurisdiction over the subject matter or nature of the action is alleged libelous material be filed where it was printed or first published. It
conferred by may be filed in the city or province where the offended party held office (if
public officer) or in case of private individual where he resided.
the Constitution or by law. (Zamora vs. CA, 183 SCRA 279) this should
be The jurisdiction of a court over a criminal case is determined by the
allegations in the complaint and information as regards the place where the
construed only to refer to jurisdiction over the subject matter offense charged was committed (Fullero vs. People, 533 SCRA 97)
Doctrine of primary jurisdiction Jurisdiction over the person of the accused is acquired by voluntary
appearance or surrender of the accused or by his arrest. (Choc vs. Vera,
64 Phil. 1066)
Courts will not resolve a controversy involving a question which is within The person charged with the offense must have been brought into its forum
the jurisdiction of an administrative tribunal, especially where the question for trial, forcibly or by warrant of arrest or upon his voluntary submission
demands the exercise of sound administrative discretion requiring the to the court. (Arula vs. Espino)
special knowledge, experience and services of the administrative
tribunal to determine technical and intricate matters of fact. The voluntary submission of the accused to the jurisdiction of the court may be affected by
posting a bail, filing a petition for bail, entering a plea, and if the person failed to quash
The objective is to guide a court in determining whether it should refrain the information on the ground of illegality of arrest. (De Asis vs. Romero, GR L-
from exercising its jurisdiction until after an administrative agency has 33125, Carrington vs. Peterson, 4 Phil. 134; U.S. vs. Grant, 18 Phil. 122;
determined some question or some aspect of some question arising in the Luna vs. Plaza, G.R. L-27511 Nov. 29, 1968, 26 SCRA 310, Zacarias vs.
proceeding before the court. (Omictin vs. CA, GR 148004) Cruz, GR L-25899, People vs. Magpale, 70 Phil. 176; People vs. De la
Doctrine of adherence of jurisdiction Cerna, GR L-20911, 21 SCRA 569)

The Rules on Criminal Procedure as part of the Rules of Court, shall be

liberally construed in order to promote their objective of securing a just, speedy and
Once a court has acquired jurisdiction, that jurisdiction continues inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1)
until the court has done all that it can do in the exercise of that
jurisdiction. Rules of Procedure are mere tools intended to facilitate rather than to
frustrate the attainment of justice.
A strict and rigid application of the rules must always be eschewed if it would subvert it has jurisdiction over all criminal and civil cases involving graft and corrupt practices
their primary objective of enhancing substantial justice. (Riano, Evd. The Bar act (RA 3019) and offenses committed by public officers and employees, including those
Lecture Series 2009 edition p. 46) in GOCCs (Government Owned and Control Corporations) in relation to their office
(RA 1379).
Procedural Rules must be liberally interpreted and applied so as not to
frustrate substantial justice. (Quiambo vs. CA, 454 SCRA 17) exclusive appellate jurisdiction over final judgements, resolutions, or
orders of RTCs whether in the exercise of their own original or appellate jurisdiction
SUPREME COURT criminal and civil cases committed by public officers or employees, including those in
COURT OF APPEALS GOCCs in relation to their office.

SANDIGANBAYAN On officials of the executive branch occupying the position of regional

director and higher (AKA Grade ‘27’ of RA 6758), including:
COURT OF TAX APPEALS
Provincial governors, vice-governors, members of the sangguniang
SHARI ‘A COURTS panlalawigan, provincial treasurers, assessors, engineers and other provincial
department heads;
REGIONAL TRIAL COURT
City mayors, vice-mayors, members of the sangguniang panlungsod, city
METROPOLITAN, MUNICIPAL, MUNICIPAL CIRCUIT TRIAL treasurers, assessors, engineers and other city department heads;
COURT
Officials of the diplomatic service occupying the position of consul and
The fourth level court higher;
The highest court in the Philippines Philippine army and air force colonels, naval captains, and all officers of
It is composed of Fifteen (15) Justices [One (1) Chief Justice and higher rank;
Fourteen (14) Associate Justices] Officers of the PNP while occupying the position of provincial director and
The Supreme Court has the power to change the venue of jurisdiction and is the those holding the rank of senior superintendent or higher;
final arbiter of all judicial issues. When so deciding it may sit en banc or in City and provincial prosecutors and their assistants, and officials and
division of three, five or seven members. prosecutors in the office of the Ombudsman and special prosecutor;
The third level court Presidents, directors of trustees, or managers of government owned or
it is an appellate court controlled corporations, state universities or educational institutions or
foundations.
which review cases appealed to it from Regional Trial Court on questions of fact
and law and certain quasi-judicial agencies, boards, or commissions. On members of Congress and officials thereof (classified as Grade ‘27’
and higher under the CPCA of 1989);
It is composed of Sixty-nine (69) Justices [One (1) Presiding Justice and
Sixty-Eight (68) Associate Justices]. On members of the judiciary without prejudice to the provisions of the
Constitution;
QUESTION
On chairmen and members of the Constitutional Commissions, without
This court consists of 69 Associate Justices and 1 Presiding Justice. prejudice to the provisions of the Constitution; and

A. Supreme Court On all other national and local officials (classified as Grade ‘27’ and higher
under the CPCA of 1989)
B. Court of Appeals
On other offenses or felonies whether simple or complexed with other
C. Regional Trial Court crimes committed in relation to their office by the public officials and
D. Municipal Trial Court employees mentioned in Section 4(a), P.D. 1606, as amended by Republic
Act 7975
ANSWER
On civil and criminal cases filed pursuant to and in connection with
This court consists of 69 Associate Justices and 1 Presiding Justice. Executive Order #s 1,2,14 and 14 – A, issued in 1986
A. Supreme Court It is composed of Nine (9) Justices [One (1) Presiding Justice and
Eight (8) Associate Justices.
B. Court of Appeals
A special court
C. Regional Trial Court
vested with the exclusive appellate jurisdiction over appeals from the
D. Municipal Trial Court Commissioner of Internal Revenue and the Commissioner of Customs on
A special court certain issues

also a third level court It is composed of Three (3) Judges [One (1) Presiding Judge and Two
(2) Associate Judges].
Shari ‘a District Courts are with equivalent rank The act of expelling a squatter by the legal process is called

with the Regional Trial Court. A. Demolition

Shari ‘a Circuit Courts are with equivalent rank B. Squadron

with the Municipal Circuit Trial Court. C. Eviction

Both courts are established in certain specified provinces in D. tear down

Mindanao.
ANSWER
This Courts were created by virtue of PD 1083 otherwise known as “Code
of Muslim personal laws of the Philippines.” The act of expelling a squatter by the legal process is called

The second level court A. Demolition

it has Exclusive and Original Jurisdiction in all criminal cases not within the B. Squadron
exclusive jurisdiction of any court, tribunal or body C. Eviction
has an appellate jurisdiction in all cases decided by the lower courts in their D. tear down
respective territorial jurisdiction.
The first level court
On criminal cases with the penalty exceeding Six (6) years and on Libel
cases. Could try and decide on the following:

There are as many Regional Trial Courts in each region as the law mandates. A. All violations of city or municipal ordinances
committed within their respective territorial
Regional Trial Courts has concurrent jurisdiction with Family and Juvenile jurisdictions;
courts such as:
B. All offenses punishable with imprisonment of
One or more of the accused is/are below 18 years old but not less than 9 not more than 6 years irrespective of the
years old; amount of fine
Where one of the victims is a minor at the time of the commission of the C. All cases of damage to property through
offense; criminal negligence
Cases against minors cognizable under the Dangerous Drugs Act; regardless of other penalties and the civil liabilities arising therefrom
Violations of R.A. 7610, otherwise known as the “Special Protection of A. All offenses committed by public officers and
Children Against Child Abuse, Exploitation and Discrimination Act,” as employees in relation to their office, including
amended by R.A. 7658; and those employed in government-owned or
Cases of domestic violation against women and their children. controlled corporations

Exclusive original jurisdiction over the following cases: except violations of RA 3019 & RA 1379

Petitions for guardianship, custody of children and habeas corpus involving except Articles 210 – 212 of the Revised Penal Code
children; A. All offenses committed by private individuals
Petitions for adoption of children and the revocation thereof; charged as co-principals, accomplices or
accessories
Complaints for annulment of marriage, declaration of nullity of marriage
and those relating to status and property relations of husband and wife or punishable with imprisonment of not more than 6 years; or
those living together under different status and agreements, and petitions where none of the accused holds a position of salary Grade “27” and higher
for dissolution of conjugal partnership of gains;
On cases involving Summary Procedure such as:
Petitions for support and/or acknowledgment;
A. Traffic violations
Summary judicial proceedings brought under the provisions of EO 209;
B. BP 22 (Bouncing Check law)
Petitions for declaration of status of children as abandoned, dependent or
neglected children, petitions for voluntary or involuntary commitment of C. Violations of the rental law
children, the suspension, termination or restoration of parental authority
and other cases cognizable under PD 603, EO 56 (1986) and other related D. Violations of city municipal ordinances
laws; E. All other offenses where the penalty does not exceed 6
Petitions for the constitution of the family home. months imprisonment and/or P1,000 fine irrespective
of other penalties or civil liabilities arising therefrom
QUESTION
 F. All offenses involving damage to property through barangay elders as "jury."
criminal negligence where the imposable fine does not
exceed P10, 000. to show their honesty and sincerity took an oath to this effect:

QUESTION "May the crocodile devour me if I tell any falsehood."

An act amending section 29 of bp 129 otherwise known as the "May the lightning strike me if I don't tell the truth and nothing but
“judiciary reorganization act act 1980” the truth.”

A. RA 9252 " May I die here and now if tell a lie.“

B. RA 7160 “May the sun and the moon frown upon me."

C. BP 129 HISTORY OF THE PHILIPPINE COURT SYSTEM

D. RA 8353 In Philippine Setting

ANSWER SPANISH ERA

An act amending section 29 of bp 129 otherwise known as the The administration of justice in the Philippines during the
“judiciary reorganization act act 1980” Spanish period had five components
A. RA 9252 THE LAW;
B. RA 7160 THE JUDICIARY;
C. BP 129 (which included both ordinary and special courts and the prosecution);
D. RA 8353 THE LAW ENFORCEMENT AGENCIES;
Barangay Courts THE PRISON SYSTEM; AND
the Lupon of each barangay shall have the authority to bring together the THE LEGAL PROFESSION.
parties actually residing in the same municipality or city
The hierarchical structure of the judicial system insofar as general or
for amicable settlement of all disputes when an offense is punishable by ordinary jurisdiction was concerned generally consisted of the following:
imprisonment not exceeding one (1) year or a fine not exceeding P5, 000.
THE CROWN;
QUESTION
THE COUNCIL OF THE INDIES;
He started the Catholic Inquisition and approved death penalty to
incorrigible heretics. THE REAL AUDIENCIA;

A. Pope Leo 1 THE ALCALDES-MAYORES (COURTS OF FIRST INSTANCE);

AND
B. Pope Gregory IX
THE GOBERNADORCILLOS (JUSTICE OF THE PEACE COURTS)
C. Pope John Paul II
At the base of the judicial structure was the gobernadorcillo who governed
D. Pope Clement the town or pueblo. He had jurisdiction over all civil cases arising among
ANSWER Indios, Chinese mestizos and Chinese that involve small sums

He started the Catholic Inquisition and approved death penalty to QUESTION

incorrigible heretics. The decision of whether to prosecute a person who has been arrested
A. Pope Leo 1 is made by

B. Pope Gregory IX A. The arresting police officer

C. Pope John Paul II B. The commanding officer of a police station

D. Pope Clement C. The defense attorney

HISTORY OF THE PHILIPPINE COURT SYSTEM D. The prosecuting attorney

The Philippine Setting ANSWER

Pre-Spanish ERA The decision of whether to prosecute a person who has been arrested
is made by
"court" composed of the chieftain as judge and the
A. The arresting police officer
 B. The commanding officer of a police station C. Yes. Accused is presumed to have known the charge against
him from the moment he learns of the filing of the case
C. The defense attorney against him
D. The prosecuting attorney D. Yes. We are now living in age of information technology
QUESTION where information is just a mouse – click away.

Following are authorized to conduct preliminary investigation in ANSWER

their respective jurisdiction, EXCEPT Can trial proceed without arraignment?
A. City prosecutor A. No. Arraignment is a substantial compliance of the
B. Judge constitutional right of the accused to know the nature and
cause of accusation against him.
C. Ombudsman
B. No. Arraignment is important in the arrest of the accused
D. Prosecutor general
C. Yes. Accused is presumed to have known the charge against
ANSWER him from the moment he learns of the filing of the case
against him
Following are authorized to conduct preliminary investigation in
their respective jurisdiction, EXCEPT D. Yes. We are now living in age of information technology
where information is just a mouse – click away.
A. City prosecutor
QUESTION
B. Judge
The Speedy Trial Act also provides certain time standards within
C. Ombudsman which the case should be decided. From the first trial day to the
D. Prosecutor general termination of trial, the period is within ______.

QUESTION A. 30 days

This is regarded as the first step of the determination of the criminal B. 60 days
case C. 120 days
A. Indictment D. 180 days
B. Preliminary hearing Answer:
C. Arraignment D. 180 days
D. Pre – trial conference Republic Act No. 8493

Time Limit for Trial

ANSWER In criminal cases involving persons charged of a crime, except those subject
This is regarded as the first step of the determination of the criminal to the Rules on Summary Procedure, or where the penalty prescribed by
case law does not exceed six (6) months imprisonment, or a fine of One
thousand pesos (P1,000.00) or both, irrespective of other imposable
A. Indictment penalties, the justice or judge shall, after consultation with the public
prosecutor and the counsel for the accused, set the case for continuous trial
B. Preliminary hearing on a weekly or other short-term trial calendar at the earliest possible time
C. Arraignment so as to ensure speedy trial. In no case shall the entire trial period exceed
one hundred eighty (180) days from the first day of trial,
D. Pre – trial conference
Extended Time Limit
For the second twelve-month period the time limit shall be one hundred
QUESTION twenty (120) days
Can trial proceed without arraignment? and for the third twelve-month period the time limit with respect to the
period from arraignment to trial shall be eighty (80) days.
A. No. Arraignment is a substantial compliance of the
constitutional right of the accused to know the nature and QUESTION
cause of accusation against him.
What do you call a court covering two (2) or more municipalities?
B. No. Arraignment is important in the arrest of the accused
A. MTC
 B. MeTC In our country a person is considered ______ unless proven otherwise
by competent evidence.
C. MCTC
A. Guilty
D. MTC’s
B. Innocent
ANSWER
C. Criminally Liable
What do you call a court covering two (2) or more municipalities?
D. Responsible
A. MTC
Answer:
B. MeTC
B. Innocent
C. MCTC
SEC. 3. Disputable presumptions.— The following presumptions are
D. MTC’s satisfactory if uncontradicted, but may be contradicted and overcome by
QUESTION other evidence:

Hashid committed rape with homicide in Zamboanga a known

community of Moslems, where should the police file the case? (a) That a person is innocent of crime or wrong;

A. Shari’a Court “Juris Tantum”

B. Shai’ a Court Juris et de jure

C. Regional Trial Court refers to conclusive presumptions of law which cannot be rebutted by
evidence.
D. Office of the Moslem Affairs
QUESTION
ANSWER
Majority cases are resolved through
C. Regional Trial Court
A. Plea bargaining
CMPL
B. Probation
Code of Muslim Personal Law
C. Release of the suspect of the lack of evidence
PD 1083
D. Trial
Status Court
ANSWER
QUESTION
C. Release of the suspect of the lack of evidence
This provides for the codification of Muslim Personal Laws and the
establishment of a Shari’a Courts. “The problem which incepted from the commencement of action of
the Police officers”
A. PD 1083
QUESTION
B. PD 1080
This defense is anchored upon the idea that the offender was in
C. PD 1070 another place and time when the offense to which he is the suspect
is committed
D. PD 1060
A. The defense of alibi
ANSWER
B. The defense of insanity
This provides for the codification of Muslim Personal Laws and the
establishment of a Shari’a Courts. C. The defense of duress
A. PD 1083 D. The defense of instigation

B. PD 1080 ANSWER
C. PD 1070 Answer: A. Defense of Alibi
D. PD 1060 The weakest defense
QUESTION QUESTION
Courts in the Philippines are cloth with the power or try cases A. Court of Justice
submitted to for adjudication. What term is use in referring to the
authority or power to hear and decided cases. B. Court of Appeals

A. Jurisdiction C. Sandiganbayan

B. Venue D. Court of Tax Appeals

C. Jurisprudence Corrections Pillar

D. Territory The fourth pillar

ANSWER takes over once the accused, after having been found guilty, is meted out
the penalty for the crime he committed.
Courts in the Philippines are cloth with the power or try cases
submitted to for adjudication. What term is use in referring to the non-institutional or institutional agency or facility for custodial
authority or power to hear and decided cases. treatment and rehabilitation

A. Jurisdiction Corrections Pillar

B. Venue Correction

C. Jurisprudence Is that branch of administration of criminal justice charged with the

responsibility for the custody, supervision and rehabilitation of convicted
D. Territory offenders.

QUESTION Penology

What is the Act creating a Board of Claims under the Department of a branch of criminology which deals with the treatments, management
Justice for Victims of unjust imprisonment or detention and victims and administration of inmates.
of violent crimes and for other purposes?
Penalty
A. RA 8353
the suffering that is inflicted by the state for the transgression of the
B. RA 7309 law.

C. RA 7877 Theories Justifying Penalty

D. RA 9208 Prevention

ANSWER the state punishes the criminal to prevent or suppress the danger to the
state and to the public arising from the criminal acts of the offender.
RA 7309
Self-Defense
Board of Claims
the State punishes the criminal as a measure of self-defense to protect the
QUESTION society from the threat and wrong inflicted by the criminal.
This court was created under RA 1125, as amended, which has Reformation
exclusive appellate jurisdiction to review on appeal decisions of the
Commissioner of the Internal Revenue involving internal revenue the State punishes the criminal to help him reform or be rehabilitated.
taxes and decisions of the Commissioner of Customs involving
customs duties. Exemplarity

A. Court of Justice the State punishes the criminal to serve as an example to others and
discourage others from committing crimes.
B. Court of Appeals
Justice
C. Sandiganbayan
the State punishes the criminal as an act of retributive justice, a vindication
D. Court of Tax Appeals of absolute right and moral law violated by the criminal.

ANSWER Judicial Conditions of Penalty

This court was created under RA 1125, as amended, which has Judicial and legal
exclusive appellate jurisdiction to review on appeal decisions of the
Commissioner of the Internal Revenue involving internal revenue penalty must be imposed by the proper authority and by virtue of a
taxes and decisions of the Commissioner of Customs involving judgment as prescribed by law.
customs duties. Definite
penalty must be specific and exact. City/Provincial prisoner

Commensurate one who is sentenced to serve a prison term of six months and one day to
three years or whose fine is less than P6, 000.00 but more than P 200.00, or
penalty must be proportional to the gravity or seriousness of the crime both.
committed.
Municipal prisoner
Personal
one who is sentenced to serve a prison term of one day to six months or
penalty must be imposed only to the person who actually committed the whose fine is not more than P200.00, or both.
crime with no substitutes (NO PROXY)
Judicial Conditions of Penalty
Equal
Classification of Prisoners
penalty must be applied to all who committed the offense.

Judicial Conditions of Penalty

According to Status
Prison law
Detention prisoners
basic law in the Philippines Prison System found in the Revised
Administrative Code. those held for security reasons, investigation; those awaiting or undergoing
trial and awaiting judgment.
Philippine Prison System
Sentenced prisoners
patterned after the US Federal Prison System.
those convicted by final judgment and serving their sentence.
P.D. 29
Prison
the law that classified prisoners.
institutions for confinement of convicted offenders sentenced to more than
Judicial Conditions of Penalty three (3) years of imprisonment.
Classification of Prisoners derived from the Greco-Roman word “presidio”

Administered by the National Government under the Bureau of

According to Sentence/place of confinement. Corrections.

Also called national prisons and also includes the penal colonies and penal
farms.
National or Insular Prisoner

one who is sentenced to serve a prison term of three years and one day to
death. Jails

Provincial Prisoners institutions for confinement of convicted offenders sentenced to

imprisonment of three (3) years or less.
one who is sentenced to serve a prison term of six months and one day to
three years Institution for the confinement of those still undergoing trial or awaiting
judgment.
City Prisoners
derived from the Spanish word “jaula” and “caula”
one who is sentenced to serve a prison term of one day to three years

Municipal Prisoner
Provincial jails are administered and supervised by their respective
one who is sentenced to serve a prison term of one day to six months provincial governor.
Judicial Conditions of Penalty City and municipal jails are administered and supervised by the Bureau
of Jail Management and Penology.
Classification of Prisoners
Executive Clemency

Collective term for absolute pardon, conditional pardon, and commutation

According to fine: of sentence.
National or insular Granted by the chief Executive Officer (President of the Philippines).
one who is sentenced to serve a prison term of three years and one day to
death or whose fine is more than 6,000.00, or both.
KINDS OF EXECUTIVE CLEMENCY
 D. Of negative information on correction and Rehabilitation
systems
Pardon – an act of grace proceeding from the power entrusted with the
execution of the laws which exempts the individual on whom it is bestowed ANSWER
from the punishment the law inflicts for a crime he has committed.
The criticism labeled against the Corrections Pillar in the past studies
Granted by the President after conviction by final judgment. of Criminal Justice System is that it is the weakest link because:

Extinguishes only criminal liability but not the civil liability. A. Of its failure to reform and rehabilitate offenders

Kinds of Pardon: B. Of injustice to offenders/detainees due to inadequate

correctional facilities and the varied operational standards in
detention centers
Absolute Pardon- the extinction of the criminal liability of the individual C. Of problems of reintegrating released offenders back to the
to whom it is granted without any condition and restores to the individual community
his civil rights.
D. Of negative information on correction and Rehabilitation
Conditional Pardon - the extinction of the criminal liability of an systems
individual from the punishment which the law inflicts for the offense he
has committed, within certain limits or conditions. QUESTION

Commutation of Sentence - reduction of the sentence, from a heavier The parole and Probation Administration as part of the Corrections
sentence to a less serious one, or from longer prison term to a shorter one. Pillar has adopted a harmonized and integrated treatment program
for their clients to effect their rehabilitation. This particular program,
Convicted offenders may only be granted commutation of sentence after designed as a self – help social learning treatment, is especially used
serving a portion of their sentence as provided by law. for clients with problems of drug and other behavioral problems.

A. Drug rehabilitation
Amnesty – an act of sovereign power granting oblivion or general pardon B. Restorative justice
for the past offense, usually granted in favor of certain classes of persons
who have committed crimes of political character, such as treason or C. Therapeutic Community Modality
rebellion.
D. Volunteerism

ANSWER
Commutation of Sentence – reducing the period of imprisonment into
shorter period. The parole and Probation Administration as part of the Corrections
Pillar has adopted a harmonized and integrated treatment program
for their clients to effect their rehabilitation. This particular program,
designed as a self – help social learning treatment, is especially used
Repreive – temporary suspension of the execution of sentence. for clients with problems of drug and other behavioral problems.

A. Drug rehabilitation
Parole – a method by which a prisoner who has served a portion of his B. Restorative justice
sentence is conditionally released but remains in legal custody, the
condition being that in case of misbehavior, he shall put back to prison. C. Therapeutic Community Modality

- granted to convicted offenders who have served a portion of D. Volunteerism

their sentence as provided by law granted by the Board of Pardons and
Parole. QUESTION

QUESTION What is the prison term for a national prisoner?

The criticism labeled against the Corrections Pillar in the past studies A. Three (3) years and above
of Criminal Justice System is that it is the weakest link because: B. Six (6) months but less than three (3) years
A. Of its failure to reform and rehabilitate offenders C. Less than six (6) months
B. Of injustice to offenders/detainees due to inadequate D. Six (6) months to three (3) years
correctional facilities and the varied operational standards in
detention centers ANSWER

C. Of problems of reintegrating released offenders back to the What is the prison term for a national prisoner?
community
A. Three (3) years and above
 B. Six (6) months but less than three (3) years Local Gov’t Code of 199

C. Less than six (6) months

D. Six (6) months to three (3) years What is superseded PD 1508?

QUESTION It was superseded by Chapter 7, Section 399 to 422 of RA 7160

Which of the following is added as the fifth pillar of the criminal Objectives of Katarungang Pambarangay
justice system?
To promote speedy administration of justice.
A. Courts C. Prosecution
To perpetuate the time-honored tradition of setting disputes amicably for
B. Community D. law enforcement the maintenance of peace and order.

ANSWER To implement the constitutional mandate, preserve and develop Filipino

Culture.
Which of the following is added as the fifth pillar of the criminal
justice system? To relieve the courts of docket congestion and thereby enhance the quality
of justice dispense by them.
A. Courts C. Prosecution
Cases over which the Lupon of each barangay may take cognizance
B. Community D. law enforcement

Community Pillar
Offenses punishable by imprisonment exceeding one (1) year or
The fifth pillar a fine exceeding Five Thousand Pesos (P 5,000.00);
two-fold role QUESTION
First, partners of the peace officers in reporting the crime incident, and This document is required by the Prosecutor’s Office before it can
helping in the arrest of the offender. entertain a complaint on a case covered by the Barangay Court.
Second, it has the responsibility to participate in the A. Certificate of Non-Settlement
promotion of peace and order through crime prevention or deterrence and B. Certificate of Non-arbitration
in the rehabilitation of convicts
C. Certificate to file action
and their reintegration to society.
D. Complaint affidavit
What is Citizen’s Arrest?
ANSWER
Rule 113 sec. 5
This document is required by the Prosecutor’s Office before it can
Flagrante Delicto entertain a complaint on a case covered by the Barangay Court.
Hot Pursuit A. Certificate of Non-Settlement
Escapee/Refugee of law B. Certificate of Non-arbitration
What can you do to help in the CJS? C. Certificate to file action
Organize anti-crime groups. D. Complaint affidavit
Report crime, suspicious strangers or events to your barangay or police. Cases over which the lupon of each barangay may take cognizance
If you are a witness to the commission of a crime, help in the prosecution The lupon of each barangay shall have authority to bring together the
of the case. parties actually residing in the same municipality or city for amicable
Organize visits to correctional institutions. This is one way of instilling settlement of all disputes except;
social awareness on the part of the public. This could also be an instrument Where one party is the government of any subdivision or instrumentality
whereby the public can extend material and morale support to the convicts thereof;
and inspire rehabilitation.
Where one party is a public office or employee, and dispute relates to the
Help in the assimilation of released prisoners in the community to enable performance of his official functions;
them to be reintegrated into the mainstream of society.
Offenses punishable by imprisonment exceeding one (1) year or a fine
BARANGAY COUNCILIATION exceeding Five Thousand Pesos (P 5,000.00);
RA 7160 Cases over which the lupon of each barangay may take cognizance
Offenses where there is no private offended party; Offenses cognizable by the Lupon include:

Where the dispute involves real properties located in different cities or Some forms of thefts (Art. 208, par. 3, and Art 309, par 8)
municipalities unless the parties thereto agree it submit their differences to
amicable settlement by an appropriate lupon; Altering boundaries or landmarks (Art. 313)

Dispute involving parties who actually reside in barangays of different cities Other deceits (Art. 318)
or municipalities, except where such barangay units adjoin each their Arson of property of small value (Art. 323)
differences to amicable settlement by an appropriate lupon;
Social cases of malicious mischief (Art. 328)
Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of Justice. Other mischief’s (Art. 329)

Cases over which the lupon of each barangay may take cognizance Slight slander (Art. 358)

Any complainant by or against corporations, partnerships, or juridicial Offenses cognizable by the Lupon include:
entities.
Slander by deed not of a serious nature (Art. 359)
Dispute where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following: Intriguing against honor (Art. 364)

I. A criminal case where the accused is under police Theft, swindling or malicious mischief committed or caused mutually by
custody or detention; certain relatives, where there is no criminal but only civil liability.

II. A petition for habeas corpus by a person illegally Offenses cognizable by the Lupon include:
detained or deprived of his liberty or one acting in his All these offenses are punishable by imprisonment not exceeding 30 days
behalf; and/or fine not exceeding P 200.00. Under the New Local Government
III. Actions coupled with provisional remedies, such as Code, all offenses punishable by at least one year imprisonment and P 5,000
preliminary injunction, attachment, replevin and support fine is now within the jurisdiction of the Lupon. Also cognizable by the
pendente life; and barangay courts are violators of municipal ordinances which are similarly
punishable as the abovementioned offenses under the penal code.
IV. Where the action may be barred by the statute of
limitations; Rules of venue under the law governing barangay conciliation

Cases over which the lupon of each barangay may take cognizance Disputes between persons actually residing in the same barangay shall be
brought or amicable settlement before the lupon of said barangay.
Labor disputes or controversies arising from employee-employer
relationship. (Montoya vs. Escayo, et. al., 17 SCRA 442; Art. 228 Labor Those involving actual residents of different barangays within the same city
Code as amended); or municipality shall be brought in the barangay where the respondent or
any of the respondents actually resides, at the election of the complainant.
Where the dispute arises out from the Comprehensive Agraria Reform Law
(Secs. 46 and 47, RA 6657); All disputes involving real property or any interest therein shall be brought
in the barangay where the real property or the larger portion thereof is
Actions to annul judgment upon a compromise which can be filed directly situated.
in court. (Sanchez vs. Tupaz, 158 SCRA 459).
Those arising at the workplace where the contending parties are employed
The court in which non-criminal cases not falling within the authority of or at the institution where such parties are enrolled or workplace or
the lupon under this Code are filled may, at any time before trial, motu institution is located. (Sec. 409, RA 7160)
propio refer the case to the lupon concerned for amicable settlement.
Objections to venue be raised under RA 7160
Offenses cognizable by the Lupon include:
Objections to venue shall be raised in the mediation proceedings before the
Alarms and Scandals (Art. 155) punong barangay, otherwise, the same shall be deemed waived. Any legal
question which may confront the punong barangay in resolving objections
Use of false certificates (Art. 175) to venue herein after referred to may be submitted to the Secretary of
Concealing one’s true name and other personal circumstances (Art. 178, Justice or his duly designated representatives whose ruling thereon shall be
part 2) binding.

Physical injuries committed in a tumultuous affray (Art. 252) What kind of residence required by the law order that one may
exempt from the coverage of the Katarungang Pambarangay Law?
Slight physical injuries and maltreatment (Art. 266)
It must be more or less permanent. In Bejer, et al. vs. CA, 169 SCRA 568,
Other forms of trespass (Art. 281) the Supreme Court said that actual residence should not be temporary,
transient as in the case of a houseguest or sojourner like a visit of a day or
Other light threats (Art. 285) two. In the case at bar, plaintiffs are not even listed as member of the
Other light coercion or unjust vexations (Art. 287) Barangay, an indication that their stay in Pandacan is merely transient. Of
course, actual residence does not necessarily imply membership in the and objections not raised in a motion to dismiss or in the answer are
Barangay; and membership in the Barangay does not necessarily mean deemed waived.
actual residence.
May a case or proceeding be filled directly in court without passing
Who and how may a complainant be filed with the lupon? through the lupon?

Upon payment of the appropriate filing fee, any individual who has a cause Yes, because the requirement is not absolute. There are exceptions, like:
of action against another individual involving any matter within the
authority of the lupon may complain, orally or in writing, to the lupon Where the accused is under detention;
chairman of the barangay. Where a person has otherwise been deprived of personal liberty calling for
What shall the lupon chairman do upon receipt of a complaint? habeas corpus proceeding;

Upon receipt of the complainant, the lupon chairman shall within, the next Where actions are coupled with provisional remedies such as preliminary
working day, summon the respondent (s), with notice to the complainant injunction, attachment, delivery of personal property, and support
(s) for them and their witnesses to appear before him for a mediation of pendente lite; and
their conflicting interests. If he fails in his mediation effort within 15 days Where the action may otherwise be barred by the statute of limitations.
from the first meeting of the parties before him, he shall forthwith set a
date for the constitution of the pangkat. If a person files a suit respecting his civil status, is there a need for
prior barangay conciliation? Why?
What is the effect of the pedency of a case before the lupon on the
prescriptive period of actions? There is no need. It was said that in cases involving the civil status of a
person – such as one filed by a natural child to compel his acknowledgment
While the dispute is under mediation, conciliation, or arbitration, the – Is not amont the cases where prior resort to barangay conciliation is not
prescriptive periods for offenses and cause of action under existing laws necessary. The reason is obvious. The possibility of settlement at this level,
shall be interrupted upon filling of the complaint with the punong barangay. however, remote, is encouraged even in such cases before the issue is
The prescriptive periods shall resume upon receipt by the complainant of brought to the court.
the certificate of repudiation or of the certification to file action issued by
the lupon or pangkat secretary: Provided, however, that such interruption If the parties belong to the cultural minorities, what rules shall the
shall not exceed 60 days from the filing of the complainant with the punong pangkat apply”
barangay.
The customs and traditions of indigenous cultural communities shall be
Is there any period prescribed by law within which the pangkat shall applied in setting disputes between members of the cultural communities.
arrive at a settlement of the dispute? Is it absolute?
Are the proceedings before the lupon or pangkat open to the public?
There is. Under RA 7160, the pangkat shall arrive at a settlement or a Is the rule absolute?
resolution of the dispute within 15 days from the day it convenes in
accordance with this Section. This period shall, at the discretion of the Yes, all proceeding for settlement shall be public and informal, but the
pangkat, be extendible for another period which shall not exceed 15 days, lupon chairman or pangkat chairman my motu proprio or upon request of
except in clearly meritorious cases. a party, exclude the public from the proceedings in the interest of privacy,
decency or public morals.
Does the law prescribe any form for the settlement of any dispute?
What is the requirement of the law with respect to the appearance of
Yes. All amicable settlements shall be in writing, in a language or dialect the parties before the lupon or pangkat?
known to the parties, signed by them, and attested to by the lupon
chairman, as the use the same language, or dialect the settlement shall be The law requires that in all katarungang pambarangay proceedings, the parties
written in the language or dialect known to them. (Sec. 411, RA 7160) must appear in person without the assistance of counsel or representative,
except for minors and incompetents who may be assisted by their next of
May a complaint which involves matters within the authority of the kin who are not lawyers. If appears from the law that lawyers are not
lupon be fled in court without passing through the lupon? supposed to appear and represent their clients in katarungang pambarangay
proceedings. But if he is the party involved, he may.
As a general rule, no. No complaint, petition, action or proceeding
involving any matter within the authority of the lupon shall be filed or If the parties arrive at an amicable settlement before the lupon or
instituted directly in court or any other government office for adjucation, pangkat, what is the effect of such settlement?
unless there has been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or settlement has been The amicable settlement and arbitration award shall have the force and
reached as certified by the lupon chairman or pangkat chairman or unless effect of a final judgment of a court upon the expiration of 10 days from
the settlement has been repudiated by the parties thereto. the date thereof; unless repudiation has been made or a petition of nullify
the award has been filed before the proper city or municipal court.
What is the effect if the defendant does not invoke the lack of prior
conciliation before the barangay? Explain. How many the amicable settlement of arbitration award be executed?

It is an implied waiver of the condition imposed by PD 1508 Local It may be enforced by execution by the lupon within six (6) months from
Government Code) Such waiver also takes place where a motion to dismiss the date of the settlement. After the lapse of such time, the settlement may
is a filed after an answer has been filed within the period to plead and before be enforced by action in the appropriate city or municipal court.
and answer is filled. Furthermore, the Rules of Court, provide that defenses
Within what period should a party repudiate the settlement and how? Lupong Tagapamayapa

Any party to the dispute may, within ten (10) days form the date of the -it is a body of men created to settle disputes within the barangay
settlement, repudiate the same by filing with the lupon chairman a statement level. It is also called as LUPON
to that effect sworn to before him, where the consent is vitiated by fraud,
violence, or intimidation. QUESTION

What is the effect of such repudiation? How many members compose the Lupon Tagapamayapa as
provided for by RA 7160 or the Local Government Code?
Such repudiation shall be sufficient basis for the issuance of the certification
for filing a complaint. A. 10- 20 members

QUESTION B. 10- 15 members

It is the process by which the Lupon chairman meets with the parties C. 15- 25 members
together with their witnesses to mediate with their conflicting D. 20-30 members
interest?
Answer: A. 10-20 Members
A. Mediation
Members of Lupon are “Person in Authority”
B. Conciliation

C. Settlement

D. Amicable Agreement

ANSWER

It is the process by which the Lupon chairman meets with the parties
together with their witnesses to mediate with their conflicting
interest?

A. Mediation

B. Conciliation

C. Settlement

D. Amicable Agreement

QUESTION

The law “creating a katarungan pambarangay commission to study

the feasibility of resolving disputes in barangay level?

A. P.D. 1293

B. P.D. 1508

C. P.D. 7160

D. R.A. 9344

ANSWER

The law “creating a katarungan pambarangay commission to study

the feasibility of resolving disputes in barangay level?

A. P.D. 1293

B. P.D. 1508

C. P.D. 7160

D. R.A. 9344

P.D. 1508 – the law establishing a system of amicably setting disputes at

the barangay level

R.A. 7160- Local Government code