PROSECUTION

- Is the course of action or process whereby accusations are

brought before a court of justice to determine the innocence
or guilt of the accused.
- In criminal action, it is a proceeding instituted and carried on
by due course of law, before a competent tribunal, to
determine the guilt or innocence.
 THE PROSECUTOR

The prosecutor is the officer of the government whose

function is the prosecution of criminal actions partaking the
nature of criminal actions. He is also referred to as public
prosecutor and fiscal.
Prepares an accusation against the part whom he
suspects to be guilty.
Duties of a Prosecutor
(a) To conduct a preliminary investigation
(b) To make a proper recommendation during the inquest proceedings
of the case referred to them by the police after the investigation of
the suspect;
(c) To represent the government or state during the prosecution of the
case against the accused;
 INQUEST PROCEEDING

Inquest procedure is an inquiry made by the duty prosecutor to

determine the legality of the arrest made, especially those arrests
made without a warrant. Each police station or headquarters should in
principle also have designated inquest prosecutors to process inquest
procedures with a schedule of assignments for their regular inquest
duties.
• Light Felonies - 12 hours (AME)
• Correctional penalties- 18 hours (AMA)(PC)
• Afflictive penalties - 36 hours (PM)(RT)(RP)
• RA 9165 - 24 hours
• RA 9372 - 72 hours
• RA 11479 - 14 days
 PRELIMINARY
INVESTIGATION

Preliminary investigation is an inquiry or proceeding to determine

whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty
thereof and should be held for trial (Sec. 112, Criminal Procedure, Rules
of Court).
 REGULAR FILING
(1) Inside NCR Office of the Prosecutor
(2) Inside City
(3) Municipality w/ Office of the Prosecutor
penalty at least
4 yrs 2 mos. & 1 day Office of the Prosecutor
(4) Municipality w/
penalty less than 4 yrs Directly at the MTC
2 mos & 1 day
Filing a COMPLAINT accompanied by COMPLAINT is a sworn written statement
WITNESS AFFIDAVIT AND SUPPORTING charging a person with an offense, subscribed by
DOCUMENTS the offended party, any peace officer or other
public officer charged with the enforcement of
the law violated.
Within 10 DAYS after filing, the
INVESTIGATING PROSECUTOR either
DISMISS OR ISSUE SUBPOENA

If SUBPOENA issued- RESPONDENTS

A SUBPOENA is a process directed to a person
shall submit a COUNTER AFFIDAVIT and
requiring him to attend and to testify at the
supporting documents within 10 DAYS
hearing or the trial of an action, or at any
from receipt
investigation conducted under the law, or for the
taking of his deposition (Section 1, Rule 23, Rules
May conduct a CLARIFICATION of Courts).
HEARING (OPTIONAL)

PROSECUTOR file a RESOLUTION to the

DOJ (if there is PROBABLE CAUSE)
 PROSECUTOR file a RESOLUTION to the
DOJ (if there is PROBABLE CAUSE)

APPROVED BY THE DOJ DISAPPROVED BY THE DOJ

PROSECUTION FILE PROSECUTION SHALL

INFORMATION TO THE DISMISS THE CASE
COURT

INFORMATION an accusation
in writing charging a person
with an offense, subscribed by
the prosecutor and filed with
the court.
COURT
COURT, as the third pillar, is said to be the centerpiece of the
criminal justice system and its primary and most important function
as a component of the criminal justice system is to decide whether
the accused is guilty or not guilty of the crime he is accused of
committing. It is within the power of this pillar to end the process
for the accused or to proceed with the next pillar, which is
correction.

 A court is an organ of the government belonging to the judicial department

whose function is the application of the laws to controversies brought
before it and the public for the administration of justice.
 JURISDICTION
It is the authority of the court to hear and try a particular offense and
to impose the punishment provided by law.

 VENUE
Refers to the place, location or site where the case is to be heard on
its merits.
 KINDS OF JURISDICTION
GENERAL- when the court is empowered to decide all disputes
which may come before it except those assigned in other courts.
Limited - when the court has the authority to hear and determine
only a few specified cases.
 Original- when the court can try and hear a case presented for
the first time.
Appellate - when the court can try a case already heard and
decided by a lower court, removed from the latter by appeal.
Exclusive - when the court can try and decide a case which cannot
be presented before any other court.
Concurrent- when any of two or more courts may take cognizance
of a case
 THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129

otherwise known as the Judiciary Reorganization Act of

1980 which defines the organization, composition, and
jurisdiction of the courts.
REGULAR COURT

SUPREME COURT

COURT OF APPEALS

REGIONAL TRIAL COURT

MTC/MeTC/MCTC/MTCC
 REGULAR COURTS
1. SUPREME COURT (SC)
• the highest court of the land.
• composed of a Chief Justice and 14 Associate Justices.
• has appellate jurisdiction over cases decided by the Court of Appeals and
has the power of judicial review.
• the court of last resort
2. COURT OF APPEALS (CA)
• headed by a Presiding Justice and composed of sixty-eight (68) Associate
Justices.
• has appellate jurisdiction over cases decided by the Regional Trial Courts.
• It reviews not only the decisions and orders of the Regional Trial Courts
nationwide, but also those of the Court of Tax Appeals
3. REGIONAL TRIAL COURTS (RTC) / COURT OF FIRST INSTANCE
• presided by a Regional Judge.
• has general jurisdiction over criminal cases and has jurisdiction over
offenses punishable with imprisonment of six (6) years and one (1)
day and over.
• has appellate jurisdiction over cases decided by the MTCC, MTC,
MeTC and MCTC.
4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal
Circuit Trial Court/Metropolitan Trial Court
Original Jurisdiction:
(a) all violations of city and municipal ordinances,
(b) all offenses punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine,
(c) damage to property through criminal negligence.
MUNICIPAL TRIAL COURTS (MTC)
every municipality in the Philippines has its own Municipal Trial Court and
each MTC typically serves one municipality.

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)

These are the equivalent of the Municipal Trial Courts in cities outside
Metropolitan Manila.

MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)

A Municipal Circuit Trial Court is a municipal trial court which covers two or
more municipalities.

METROPOLITAN TRIAL COURTS (MeTC)

are Municipal Trial Courts in the cities in the Metropolitan Manila Area as
distinguished from the other political subdivisions in the Philippines.
 SPECIAL COURTS
1. SANDIGANBAYAN
 created under Presidential Decree No 1606.
 Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.
 It is composed of a Presiding Justice and fourteen (14) Associate Justices.
 This special court is tasked to handle criminal cases involving graft and corruption
and other offenses committed by high- ranking public officers and employees in
conne with the performance of their functions.
2. COURT OF TAX APPEALS (CTA)

created by Republic Act No 1125, as amended by Republic Act No 9282.

its rank or level is equal to that of the Court of Appeals and
Sandiganbayan. It is composed of a Presiding Justice and five (5) Associate
Justices.
It has both the original and appellate jurisdictions over civil and eriminal-
tax cases involving the National Internal Revenue Code, Tariff and Customs
Code and the Local Government Assessment Code.
3. SHARI'A COURTS

 created pursuant to Presidential Decree 1083, otherwise known as

the Code of Muslim Personal Laws of the Philippines.
 It has exclusive jurisdiction over cases that pertain to family rights
and duties as well as contractual relations of Filipino Muslims.
 And decisions rendered by the Sharia District Courts are final
 CRIMINAL PROCEEDINGS
First Stage: ARRAIGNMENT

 the reading of the criminal complaint or information to the defendant, by the

judge or clerk of court, and the delivering to him a copy thereof, including a list
of witnesses, and asking him whether he pleads guilty or not guilty as charged
 the stage where the accused is formally informed of the charges against him by
reading before him the information or criminal complaint and asking him
whether he pleads guilty or not guilty as charged
 requires that the accused be personally or physically present in court.
 Plea is the response of the accused when asked whether he is guilty or not
guilty of the offense charged. It is of two kinds: guilty plea, which must be
unconditional; and not guilty.
SECOND STAGE: PRE-TRIAL
a conference called by the judge that requires the presence of both the
prosecution and the accused before the beginning of a trial

The following are to be taken up during the conference:

 plea bargaining;
 stipulation of facts;
 marking for identification of evidence of the parties;
 waiver of objections to admissibility of evidence;
 modification of the order of trial if the accused admits the charge but
interposes a lawful defense;
 such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
THIRD STAGE: TRIAL

 Trial is the examination before a competent tribunal, according to the

laws of the land, of the facts put in issue in a case, for the purpose of
determining such issue. It is the period for the introduction of
evidence by both parties.
 the period for the introduction of evidence by both parties.
 it shall in no case exceed 180 days the first day of the trial, except as
otherwise provided by the Supreme Court.
What is the order of trial?

The trial proceeds in the following order:

1. The PROSECUTION shall present evidence to prove the charged.
2. The ACCUSED/DEFENSE may present evidence to prove his defense.
3. The PROSECUTION may present REBUTTAL EVIDENCE.
4. THE ACCUSED may present SUR-REBUTTAL EVIDENCE.
FOURTH STAGE: JUDGMENT

 the adjudication by the court that the accused is guilty or

not guilty of the offense charged and the imposition of
the proper penalty and civil liability
 defined as the decision or sentence of the given by a
court as the result of proceedings instituted therein
Promulgation of Judgment
an official proclamation or announcement and decision of the
court. The judgment is promulgated by reading in the presence
of the accused and any judge of the court in which it was
rendered.

 Judgment of Conviction - if the judge finds the accused guilty

of the charges against him.

 Judgment of Acquittal - if the judge finds the accused not

guilty of the charges against him.
A judgment becomes final:

[Link] the period for perfecting appeal an appeal has lapsed;

[Link] the sentence is partially or totally satisfied or served;
[Link] the accused expressly waives in wilting his right to
appeal and
[Link] the accused applies for probation.
FIFTH STAGE: APPEAL
 the elevation by an aggrieved party of any decision, order or
award of a lower body to a higher body, by means of a document
which includes the assignment of errors, memorandum of
arguments in support thereof, and the reliefs prayed for.
 an appeal must be within fifteen (15) days from promulgation of
judgment, the period for perfecting an appeal.
 the accused may or may not appeal his case
CORRECTION
 Corrections is the fourth component of the criminal justice
system. It is the branch of administration of criminal justice
charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders. It also deals with
punishment, treatment and incarceration of offenders.

 PENOLOGY a branch of criminology which deals with the

treatment, management and administration of inmates.
 TIME WHEN CORRECTIONS ENTER INTO THE
PICTURE IN THE ADMINISTRATION OF CJS

Correctional Institutions enter into the picture, as a rule,

when the conviction of the accused has become final and
executory. That is, when the judicial process has been completed
and the court issues MITTIMUS for the enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may
receive an accused for custody or detention only, in which case the
court issues a COMMITMENT ORDER.
MITTIMUS is a warrant issued by a court bearing its seal and the
signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence.

COMMITMENT ORDER is a written order of a court or authority

consigning a person to jail or prison for detention.
BUREAU OF PRISONS

• created pursuant to Act No 1407, otherwise known as the

Reorganization Act of 1905, enacted on 1 November 1905, as an
agency under the Department of Commerce and Police
• was renamed Bureau of Corrections (BuCor) pursuant to
Executive Order No 292 dated 22 November 1989.
 INSTITUTIONAL CORRECTIONAL AGENCIES
IN THE PHILIPPINES

1. BUREAU OF CORRECTIONS (BUCOR)

• an attached agency of the Department of Justice
• principal task is for the rehabilitation of prisoners
• exercises over all control and supervision of all the
corrections/prisons facilities nationwide
• has custody of prisoners sentenced to imprisonment of more
than three (3) years
2. Provincial Jails
• jails for the safekeeping of prisoners at the capital of each
province. It shall be under the supervision and control of the
provincial governors.
3. Bureau of Jail Management and Penology (BJMP)
• created by virtue of Republic Act 6975, exercises supervision and
control over all district, city and municipal jail nationwide,
Formally established on January 2. 1991.
 INSTITUTIONAL CORRECTION
 OLD BILIBID PRISON
 SAN RAMON PRISON AND PENAL FARM
 IWAHIG PENAL COLONY CORRECTIONAL
INSTITUTION FOR WOMEN (CIW)
 DAVAO PENAL COLONY
 NEW BILIBID PRISON
 SABLAYAN PRISON AND PENAL FARM
 LEYTE REGIONAL PRISON
 INSTITUTIONAL CORRECTION
[Link] BILIBID PRISON
 Also called as "CARCEL Y PRESIDIO CORRECTIONAL"
 the main insular penitentiary during the Spanish regime.
 This was constructed in 1847 and was formally inaugurated in
1865 by virtue of the Royal Decree of the Spanish Crown.
 This is located at Azcaraga St. (now Recto Ave.) then famous
"May Haligue Estate" at nearby Central Market at Oroquieta St.
 This is known now as MANILA CITY JAIL.
 INSTITUTIONAL CORRECTION
1-A. NEW BILIBID PRISON
 Muntinlupa City
 (Approximately 552 hectares)
 this is where the Bureau of Corrections Central Office.
 The New Bilibid Prison has a capacity of 3,000 Prisoners.
 Within the complex are the three (3) security camps
administered by a Penal Superintendent and assisted by as Asst.
Superintendent in each Camp.
MEDIUM SECURITY COMPOUND
 also known as Camo Sampaguita
 is for prisoners whose sentences are below 20 years (computed
from the minimum sentences per classification interpretation)
and those classified for colony assignment.

MINIMUM SECURITY COMPOUND

 also referred to as Camp Bukang Liwayway
 is an open camp with less restrictions and regimentation.
 This is for prisoners who are 65 years old and above, medically
certified as invalids and for those prisoners who have six months
or less to serve before they are released from prison..
MAXIMUM SECURITY COMPOUND (Main Building)

 is for prisoners whose sentences are 20 years and above,

 life termers or those under capital punishment, those with
pending cases,
 those under disciplinary punishment,
 those whose cases are on appeal,
 those under detention,
 and those that do not fall under medium and minimum security
status.
 wears tangerine shirt
 not allowed to do furlough
2. SAN RAMON PRISON AND PENAL FARM.

 Zamboanga del Sur

 founded by Capt. Ramon Blanco
 August 21, 1869
 This was initially intended for the confinement of political
prisoners during Spanish era.
 1,546 hectares
 2nd oldest prison next to OBP
 Current oldest operating prison
3. IWAHIG PRISON AND PENAL FARM

 Puerto Princesa, Palawan

 Old name is LUHIT PENAL SETTLEMENT
 Date established: Nov. 16, 1905
 Reorganization Act of 1407
 Largest penal colony
 Prison without walls
 The most open prison facility
 The best and the finest prison
 Approximately 36,000 - 41,000
4. CORRECTIONAL INSTITUTION FOR WOMEN

 Mandaluyong City
 The only female institution in the Philippines
 Since 1934, a female Superintendent was assigned to supervise
the prison facility.
 LOCATED AT WELFARE VILLE MANDALUYONG CITY
 By virtue of: Act 3579 which was passed on Nov. 27, 1929
5. LEYTE REGIONAL PRISON

 Abuyog, S. Leyte
 Date established Jan. 16, 1973
 under Proclamation No. 1101
 Youngest prison
 Built during martial law - Ferdinand Marcos
 Fastest growing prison
 Max capacity - 500 prisoners
6. SABLAYAN PRISON AND PENAL FARM
 Sablayan, Mindoro Occidental
 Land area: Approximately 16, 408.5 hectares
 By virtue of: Proclamation no. 72
 Date established: Sept. 26, 1954

7. DAVAO PRISON AND PENAL FARM

 Tagum, Davao del Norte
 The Davao Penal Colony was established on January 21, 1932,
 in accordance, with Act No. 3732 and Proclamation No. 414, series of
1931.
 30,000 HECTARES
 First headed by: GEN. PAULINO SANTOS
 RICHEST AND HIGHEST INCOME EARNER
 BIGGEST BANANA AND ABACA PLANTATION
 CLASSIFICATION OF
PRISONERS

DETENTION PRISONERS - those held for security reasons,

investigation, those awaiting or undergoing trial and awaiting
judgment
SENTENCED PRISONERS - those convicted by final judgment and
are serving their sentence

PD 29 - the law that classified prisoners

 Municipal Jail Prisoner
sentenced to serve a prison term for 1 day to 6
months.
 City Jail Prisoner
sentenced to serve imprisonment for 1 day to 3 years
 Provincial Jail
sentenced to 6 months one day to 3 years
 National or insular Prisoners
Sentenced to 3 years 1 day to Reclusion Perpetua or
Life Imprisonment.
 NON-INSTITUTIONAL
CORRECTIONS

1. BOARD OF PARDONS AND PAROLE

 grants parole and recommend to the President the grant
of any form of executive clemency to deserving prisoners
or individuals
 reviews reports submitted by the Parole and Probation
Administration and make necessary decisions
 a functional unit under the Department of Justice
 NON-INSTITUTIONAL
CORRECTIONS
2. PAROLE AND PROBATION ADMINISTRATION
 originally called Probation Administration and was created by
virtue of PD 968 of 1976 to administer the probation system
 was renamed Parole and Probation Administration by EO No
292
 given the added function of supervising prisoners who, after
serving part of their sentence in jails or prisons, are released on
parole with parole conditions
 an attached agency to the Department of Justice
EXECUTIVE CLEMENCY
 the collective term for absolute pardon, conditional
pardon, reprieve and commutation of sentence.

KINDS OF EXECUTIVE CLEMENCY:

1. P - Pardon
2. A - Amnesty
3. R - Reprieve
4. C - Commutation of Sentence
1. PARDON
-is a form of executive clemency granted by the President as a privilege
extended to convicts as a discretionary act of grace

TWO (2) KINDS OF PARDON

a. ABSOLUTE PARDON - refers to the total extinction of the criminal liability
of the individual to whom it is granted without any condition whatsoever and
restores to the individual his civil rights.
b. CONDITIONAL PARDON - refers to an exemption of an individual, within
certain limits or conditions, from the punishment that the law inflicts for the
offense he has committed resulting in the partial extinction of his criminal
liability
2. REPRIEVE
 the temporary stay of the execution of a sentence, usually a death sentence
 another prerogative exercised by the President
 generally, applied to death sentences already affirmed by the Supreme
Court
3. COMMUTATION OF SENTENCE
 an act of clemency by which a heavier or longer sentence is reduced to a
lighter or shorter term
 refers to the reduction of the duration of a prison sentence
 another prerogative of the President
4. AMNESTY
 a special form of pardon exercised by the President
 a general pardon extended to a certain class of people who are usually
political offenders
 needs the concurrence or approval of Congress
PAROLE
a procedure by which prisoners are selected for release
on the basis of individual response and progress within the
correctional institution and a service by which they are
provided with necessary control and guidance as they serve
the remainder of their sentence within the community
provided by Act No 4103, the Indeterminate Sentence Law,
which took effect on 5 December 1933.
PROBATION
 is a disposition under which a defendant after conviction
and sentence, is released subject to conditions imposed
by the court and under the supervision of a probation
officer. It is a privilege granted by the court to a person
convicted of a criminal offense to remain in the
community instead of actually going to prison.
 provided by Presidential Decree No 986, the Probation
Law of 1976
 FIFTH PILLAR: COMMUNITY
Role of the Community as the fifth pillar of
the Criminal Justice System
The community is understood to mean as "elements that are
mobilized and energized to help authorities in effectively addressing
the law and order concern of the citizenry."

The responsibilities of the community in relation to Law Enforcement.

As one of the pillars or component of the Criminal Justice system,
the community with its massive membership has vital responsibilities
in law enforcement.
 KATARUNGANG PAMBARANGAY (VILLAGE
JUSTICE)
PD 1293
- the law "Creating a Katarungang Pambarangay Commission to Study The
Feasibility of Resolving Disputes at the Barangay Level"
-promulgated on 27 January 1978

PD 1508 - the law "Establishing a System of Amicably Settling Disputes at the

Barangay Level"

RA 7160 - otherwise known as the "Local Government Code of 1991" provides for
the REVISED KATARUNGANG PAMBARANGAY LAW
enacted on 10 October 1991
 LUPONG TAGAPAMAYAPA
 It is a body of men created to settle disputes within the barangay level
referred to as the LUPON.
 The Lupon shall be composed of the Barangay Chairman as Chairman of the
Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other
members who shall be not less than ten (10) but not more than twenty (20).
 Any resident of the barangay of reputable character may be appointed as a
member of the Lupon. Members of the Lupon shall be appointed by the
Barangay Chairman.
 The Lupon shall be constituted every three years.
 A Lupon member shall serve for a period of three years.
 Essentially, the Lupon must provide a forum for matters relevant to the
amicable settlement of disputes for the speedy resolution of disputes.
PANGKAT TAGAPAGKASUNDO
 It shall act as the conciliation panel. It is also referred to as
the PANGKAT.
 It shall be composed of three (3) members chosen from the
members of the Lupon. They shall choose from among the
three of them the Pangkat Chairman and Pangkat Secretary.
 Matters that fall under the jurisdiction of the Lupon:
a. those involving offenses that are punishable by the imprisonment of one year
and below, or a fine in the amount of five thousand pesos and below;
b. those involving parties that actually reside or work in the same barangay;
c. those involving marital and family disputes;
d. those involving minor disputes between neighbors; those involving real
properties located in the barangay
 VENUE FOR AMICABLE SETTLEMENT
• disputes between persons actually residing in the same barangay shall be
brought nor amicable settlement before the Lupon of said barangay;
• those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually
resides;
• all disputes involving real property or any interest shall be brought in the
barangay where the real property or the larger portion is situated;
• those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study shall be brought in the
barangay where such workplace or institution is located.
• The Chairman shall meet with the respondent and complainant and
mediate. If he fai mediation within fifteen (15) days, he shall set a
date for the constitution of the Pangkat.
• The Pangkat shall meet not later than three (3) days after their
constitution, on the date set by the Chairman, to hear both parties.
• The Pangkat shall arrive at a settlement of the dispute within fifteen
(15) days from its meeting. This period may be extended for another
fifteen (15) days, at the discretion of the Pangkat.
• All amicable settlement shall be in writing.