ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
REVIEW NOTES IN CRIMINAL JUSTICE SYSTEM INTRODUCTION Criminal Justice System e!ine " 1. Crimi Criminal nal Justice Justice System System (CJS) (CJS) is the machiner machinery y used by the societ society y to preven preventt and control control crime. It is the tool of a democratic democratic government government to protect protect the people against criminality and other peace and order problems. 2. In theo theory ry,, CJS CJS is an inte integr grat ated ed proc proces ess s prim primar aril ily y conc concer erned ned ith ith appr appreh ehen ensi sion on,, prosecution, trial, ad!udication, and correction of criminal offenders. ". CJS is a legal process process of lin#ing lin#ing the la enforcem enforcement, ent, prosecuti prosecution, on, courts, courts, correctio corrections, ns, and community to have an integrated scheme of investigating and preventing crimes ith the ultimate purpose of promoting !ustice. Justice e!ine " 1. Justice Justice is $renderi $rendering ng hat is is due or merited merited and and that hich hich is due due or merited. merited.%% 2. &ccording &ccording to 'ortime 'ortimerr J. &dler &dler,, there there are to principl principles es of !ustice !ustice a. ender to each his due. b. *reat e+uals e+ually and une+ual une+ually but in proportion to their ine+uality. c. ". Justice, Justice, according according to the Supreme Supreme Court Court of the hilippine hilippines, s, is symbolical symbolically ly represented represented by a blindfolded oman, holding ith one hand a sord and ith the other a balance.
A# NATURE AND SCO$E O% CJS In the hilippine setting, there are five ma!or components of the CJS. *hese are also also #non #non as the five pillar pillars s of CJS. CJS. -a nforcem nforcement ent / rosec rosecuti ution on / Courts Courts / Corrections 0 Community
1. 2. ". . 3.
enerally spea#ing, the folloing are the functions of the five components of the CJS *o prevent prevent and and control control the commis commission sion of crime crime *o enfo enforc rce e the the la la *o safegua safeguard rd lives, lives, individua individuall rights, rights, and propert properties ies of the the people people *o detect, detect, investi investigate, gate, apprehend apprehend,, prosecute, prosecute, and punish punish those ho violate violate the la *o rehabili rehabilitate tate the convicted convicted criminal criminal offender offenders s and reintegrate reintegrate them into the community community as la0abiding citi4ens
CJS operat operates es by lin#i lin#ing ng the police police,, prosec prosecuti uting ng agenci agencies, es, courts courts,, correc correctio tional nal institutions, and the mobili4ed community to form an operational cycle designed to promote !ustice for criminal criminal victims victims as ell as those ho are accused and convicted convicted of crimes. *he first four pillars 0 la enforcement, prosecution, courts, and corrections 0 pertain to the government agencies vested ith official responsibility responsibility in dealing ith crime prevention and control. *he community community pillar pillar has the broadest !urisdiction. 5nder the concept of the participative criminal !ustice system in the hilippines, government agencies, agencies in the private sector, non0government organi4ations, and ordinary citi4ens, become a part of the CJS upon involvement in issues and activities related to crime prevention and control. &# OVERVIEW ON T'E CJS IN T'E $'ILI$$INE SETTING 1. -&6 -&6 789C 789C' '7* 7* *his *his first first pillar pillar consist consists s mainly mainly of the police police.. *he *he or# of the police police primar primaril ily y involv involves es preven preventio tion n and contro controll of crimes crimes by enforc enforcing ing the las, las, investigating crimes, arresting offenders, and conducting laful search and sei4ure to gather necessary evidences needed to file a criminal complaint. 2. 9SC5* 9SC5*I97 I97 *he *he second pillar pillar ta#es ta#es care of the investiga investigation tion of criminal criminal complai complaints nts to ensure that there are are reasonable grounds in filing filing such complaints. In rural areas, the police police may file file the compla complaint int ith ith the inferi inferior or courts courts ('uni ('unicip cipal al *rial *rial Courts Courts or the 'unici 'unicipal pal Circuit Circuit *rial *rial Courts) Courts).. *he *he !udges !udges of these these inferi inferior or courts courts act as +uasi0 +uasi0 prosecutor prosecutors s only for the purpose of the preliminary preliminary investiga investigation. tion. 9nce a prima facie case case has has been been dete determ rmin ined ed,, the the comp compla lain intt is for forar arde ded d to the the City City or rov rovin inci cial al rosecutor:s 9ffice, 9ffice, hich ill revie revie the case. 6hen the complaint has been approved approved for filing ith the egional *rial Court, the court issues an arrest arrant for the accused once the information has been filled.
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". C95 C95*S *S *he courts courts provide provide opport opportuni unity ty for the prosecu prosecutio tion n to present present evidenc evidence e and establish establish proof of criminal criminal guilt of the accused. accused. ;uring ;uring trial, that the accused is given time in the court to disprove the accusation against him. 9ur criminal !ustice system abides by the Constitutional presumption that any person accused of a crime is presumed presumed innocent unless proven otherise. otherise. *his means that the courts must determine the guilt of the accused beyond reasonable doubt based on the strength of the evidence presented by the prosecution. If there is any reasonable doubt that the accused commit a crime, he has to be ac+uitted. *he ules of Court, hoever, provides that the accused can be convicted of a lesser lesser crime crime than the crime crime he has been charged charged ith ith in the infor informat mation ion..
ecutive clemency once he has served the minimum period of his sentence. 6hen the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or national penitentiary depending on the length of the sentence meted out. 3. C9''57I C9''57I*? *? *his pillar pillar has has 20fold 20fold role. role. a. 8irst, 8irst, it has the responsib responsibilit ility y to participate participate in la enforcem enforcement ent activiti activities es by being partners of the peace officers in reporting the crime incident, and helping in the arrest of the offender. b. Second, Second, it has the responsi responsibili bility ty to participa participate te in the promoti promotion on of peace and order order through crime prevention or deterrence and in the rehabilitation of convicts and their reintegration to society. 5nder the concept of a participative criminal !ustice system in the hilippines, public and private agencies as ell as citi4ens, become a part of the CJS hen they participate and become involved ith issues and activities related to crime prevention. *hus, *hus, citi4 citi4en0b en0base ased d crime crime preven preventi tion on groups groups become become part part of the CJS ithi ithin n the frameor# of their involvement in crime prevention activities and in the reintegration of the convict ho shall be released from the corrections pillar into the mainstream of society. C# IM$ORTANCE O% STUDYING T'E CJS ?ou should be concerned about the CJS because it affects your life, your or#, your activities and, in general, your pattern of behavior and relationship in the community. *his is hy the community pillar is also the base of the entire CJS as there ill never be criminal cases, in the first place, if the community is healthy and la0abiding.
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
c.
enforcemen enforcementt of the the ta> collectio collection, n, includi including ng church church revenu revenues es
olice forces organi4ed during the Spanish regime ere a. Cara+iner,s e Se*uria $u+lic, ('ounted $u+lic, ('ounted olice) *his as organi4ed in 1@12 for the purpose of carrying out the policies of the Spanish government. Carabiner Carabineros os ere armed and considered considered as the the mounted mounted police. police. -ater, -ater, they discharged the duties of a port, harbor, and river police. b. Guarriller,s *his as a body of rural police organi4ed organi4ed in each ton that as created by the oyal ;ecree of January A, 1A"B. *his police force as composed of 3 of the able0bodied male inhabitants of each ton or province, and each member should serve for at least " years. c. Guaria Ci-il Ci-il *his as the police organi4ation created by the oyal ;ecree issued by the Spanish Cron government on 8ebruary 12, 1A32. It relieved the Spanish eninsular *roops *roops of their or#s in policing tons. It consisted of a body of 8ilipino policemen organi4ed originally in each of the provincial capitals of the central provinces of -u4on under the command of &lcalde (overnor). 2. Ja(anese Occu(ati,n Occu(ati,n *he Japanese 'ilitary olice #non as $.em(etai $ .em(etai%% as held responsible in maintaining peace and order in 'anila. *he 'anila olice, hich as created during the first &merican &merican occupation, as renamed into 'etropolitan Constabulary under the
". American Occu(ati,n *he first &merican occupation in the hilippines that came after the 8ilipino0 &merican 6ar (1AEA to 1EF1) as folloed by a period of political ferment and social imbalance. a.
Insul Insular ar $,lic $,lice e %,rce %,rce as established on 7ov. "F, 1AEF during the 8ilipino0 &merican ar (1AEA01EF1) upon the recommendation of the hilippine Commission to the Secretary of 6ar.
b. ¬her Insular $,lice %,rce as %,rce as created on J5-? 1A, 1EF1 by virtue of &C* G 1@3, titled as H&7 H&7 &C* 9I;I7 89 *= 9&7I&*I97 &7; 97'7* 97'7* 98 &7 &7 I7S5-& C97S*&<5 C97S*&<5-&?H. -&?H. c.
Manila $,lice De(artment as De(artment as organi4ed on July "1, 1EF1 by virtue of &ct G 1A" of the hilippine Commission. *he 1st Chief Chief of olice olice as Ca(t# Ge,r*e Curry. Curry.
d. *he $)ili((ine C,nsta+ulary (C) C,nsta+ulary (C) as formally established on 9ct. F", 1EF1 by virtu virtue e of &ct &ct G 233. 233. Ca(t# 'enry T# Allen Allen as the 1st Chief of the hilippine Constabulary. *he C as manned mostly by 8ilipinos but officers ere mostly &mericans. e.
Re-ise Aministrati-e Aministrati-e C,e ,! /0/1 as /0/1 as approved a year before 6orld 6ar I (&ugust 1E1 to 7ovember 1E1A) ended. In section A23 of this la, it stated that that the hilip hilippin pine e Consta Constabul bulary ary is a nation national al police police instit instituti ution on for preser preservin ving g the peace, #eeping order and enforcing the la.
f.
In 7ovember 7ovember 1E"A, &ct G 1A1 re+uir re+uired ed the creat creation ion of a
. $,st W,rl War II a. In 1EBF, Re(u+lic Act 2 3415 as 3415 as enacted and this la provided the e>pansion and reorgani4ation of the 7
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b. 9n Jan January uary 1, 1, 1EB 1EB, the the Rules ,! C,urt C,urt too# effect. *his procedural la as construed in order to promote the broad ob!ective of the criminal !ustice system and to assist the parties in obtaining !ust, speedy, and ine>pensive determination of every action and proceeding. c.
9n Sep Septe temb mber er 1A, 1A, 1EB 1EBB, B, Re(u+lic Act Act 2 6546 otherise 6546 otherise #non as olice &ct of 1EBB as enacted. *he la created the office of the olice Commission (hich as later called 7ational olice Commission) under the 9ffice of the resident. 9riginally, the 9-C9' as created as a supervisory agency to the C. Its function is to oversee the training and professionali4ation of the local police forces. *hrough this la, reformation reformation and professionali4ation professionali4ation of the police service gained official recognition.
d. 9n &ug. ug. A, A, 1E@3 1E@3,, $resiential Decree 2 147 as 147 as enacted and stipulated that the office of the 7&9-C9' should be under the office of the 'inistry of 7ational ;efens ;efense. e. It define defined d also also the relati relations onship hip bete beteen en the Integr Integrate ated d 7ation 7ational al olice olice and the hili hilippi ppine ne Const Constabu abular lary y. *his *his as as in compli complianc ance e ith ith the provisions of Section 12, &rticle 13 of the 1E@" hilippine Constitution. Constitution. e. 9n ;ece ;ecemb mber er 1", 1", 1EEF 1EEF,, Re(u+lic Act 2 4017 as 4017 as approved by then resident Cora4on &+uino. *his la is #non as the DILG Act Act ,! /008 and /008 and but it is also recogni4ed as T)e $N$ La9 ,! /00/. /00/ . *his la created the hilippine 7ational olice and declared it to be the only police force of the country ith national scope and civilian in character. f.
9n 8ebruar 8ebruary y 23, 1EEA, 1EEA, the the provision provisions s of epubli epublic c &ct &ct G BE@3 BE@3 concernin concerning g the 7 7 ere ere amende amended d hen hen Re(u+lic Act 2 577/ as 577/ as approved by resident 8idel amos. amos. & G A331, A331, #non #non as the $N$ Re!,rm an Re,r*ani:ati,n Act ,! /005, /005, reorgani4ed the 7 for the purpose of reforming or professionali4ing it.
&# DE%INITION O% LAW EN%ORCEMENT -a enforcement may refer to the policing body of the society or the police force created by the government. -a enforcement, used in another perspective, is the process of implementing the las enacted by the legislative body of the national and local government for the purpose protecting the life, rights and properties of the people hile maintaining the peace and order in the society. -a enforcement, as an activity, activity, is therefore synonymous to police operations. -a nforcement operations encompass the folloing revention of crime, epression of crimin criminal al activ activiti ities, es, rese reserv rvati ation on of peace peace and order order,, rote rotecti ction on of life life and proper property ty,, nforcemen nforcementt of las and ordinances ordinances,, egulatio egulation n of non0crimi non0criminal nal conduct, conduct, &pprehen &pprehension sion of criminals, rompt e>ecution of the criminal processes of the courts, Coordination and cooperation ith other la enforcement agencies, Safeguarding health and public morals
C# $OLICE %UNCTIONS
W)en a crime is c,mmitte; ),9 ,es it reac) t)e attenti,n ,! t)e (,lice< 1.6 hen itnesses or concerned citi4ens report a criminal incident incident 2.6 hen the offended party files a criminal complaint complaint rkmfiles 2008/ Reviewer in Criminal S ociology
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$ROSECUTION $ILLAR A# CONCE CONCE$T $T O% O% $ROS $ROSEC ECUTI UTION ON 1. rosecuti rosecution on may refer refer to the agency respons responsible ible in present presenting ing the governme government:s nt:s positi position on in criminal cases and evaluating evidences presented by the la enforcement. 2. rosecuti rosecution on is the legal legal processK processKmetho method d by hich hich an accusation accusation is is brought brought to the court court (or any !udicial and +uasi0!udicial body) for proper ad!udicationKarbitration (settlement) (settlement) &# $ROSE $ROSECU CUTI TION ON AGENCI GENCIES ES 1. ove overn rnme ment nt agen agenci cies es a. 7ation 7ational al rose rosecut cution ion Servic Service e b. 9ffice 9ffice of the Solici Solicitor tor enera enerall (State (State rosecuto rosecutor) r) c. 9ffi 9ffice ce of the the 9mb 9mbud udsm sman an d. 9ffice 9ffice of of the the egion egional al State State ros rosecu ecutor tor e. 9ffice 9ffice of the the rovincial rovincial,, City, City, and 'unicip 'unicipal al rosecut rosecutors ors f. ubl ublic ic &tt &ttor orne neys ys 9ff 9ffic ice e 2. 7on0o 7on0over vernme nment nt prose prosecut cuting ing agen agencie cies s I< / C-&9 / 8-& / '&
C# %UNCTIO %UNCTIONS NS O% T'E T'E $ROSEC $ROSECUTI UTION ON AGENC AGENCIES IES *he prosecution service has the folloing general functions 1. valuate valuate the police police findings findings referred referred to them, them, or other complain complaints ts filed directl directly y ith them by individual persons L 2. 8ile 8ile correspondin corresponding g criminal criminal complain complaints ts or informati information on in the proper proper courts courts on the basis of of their evaluation on the proofs at handL and ". rosecute rosecute all all alleged alleged offenders offenders in court, court, in the the name of the people people of the hilip hilippines pines.. D# W'O IS A $ROS $ROSEC ECUT UTOR OR< < 1. & rosecu rosecutor tor is a public office officerr having an authority authority to conduct conduct legal legal actions actions concerning concerning the complaint filed at his office and perform other prosecution functions as provided by la. 2. *he rosecut rosecutor or is not !ust !ust an ordinary ordinary officia officiall of the governme governmentL ntL he is an office officerr of the court hose criminal responsibility under the la is to carry out the administration of the CJS thru an ade+uate e>amination of the offense charged and to decide hether or not to prosecute a person ithout sacrificing fairness and !ustice. *he rosecutor has a dual functionKduty rkmfiles 2008/ Reviewer in Criminal S ociology
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
1. &s a rosecutor rosecutor per se se
&rraignment &rraignment is the stage of criminal proceeding purposely done to determine the identity of the accused in the court (Sec. 1, ule 11B)
3. 8iling of
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
b. accused accused persons persons ho are are aiting aiting for the the court:s court:s decisi decision on of their their caseL and and c. minors minors and insane insane people people ho need police police custod custody y for securit security y or prote protecti ction on purposes. T'E COURTS i#
T'E CONCE$T O% COURT In a demo democr crat atic ic and and repu republ blic ican an gove govern rnme ment nt,, the the poer poers s of gove govern rnme ment nt are are distribute distributed d among three branches branches the legislati legislative, ve, the e>ecutive e>ecutive and the !udiciary !udiciary.. *he legislative poer is vested to the Congress, hich is composed by the Senate and the =ouse of epresent epresentativ atives es in national national level. *he e>ecutive e>ecutive poer is vested vested to the office of the resident and his cabinets. *he !udicial poer is vested to the Supreme Court and in such loer courts as may be established by la. *he court is a body to hich the public administration of !ustice is delegated. It is a tribunal officially assembled under authority of la at the appropriate time and place for the administration of !ustice thru hich the government enforces its sovereign rights and poers. *he court is an entity or body in hich a portion of !udicial poer is vested. Courts are !udicial tribunals engaged in the administration (or dispensation) of justice. *hey e>ist in every civili4ed country to resolve and end disputes in accordance ith la / peacefully, in an orderly manner, authoritatively, definitely and finally.
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MEANING O% JUDGE *he Judge is a publi public c office officerr so named named in his commissi commission on (rit (ritten ten evidence evidence of appointment) and appointed to preside over and to administer the la in a court of !ustice. Court and Judge distinguished C,urt 1. Incorporeal . entity 2. Compo ompos sed of 1 or more ore !udg udges ". Cannot e>ist ithout a !udge
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Ju*e 1. Single entity 2. Indi ndispen spensa sabl ble e par part of the the cour ourt ". Can e>ist ithout a court
T'E
CONCE$T
O%
JUSTICE
ADMINISTRATION ;etermination of the relevant facts is accomplished by reception of the evidence of the parties involved in the controversy, and its assessment by the !udge to discover hat are the facts thereby established. &pplication of the la to the facts (thus established by the evidence) connotes the ascertainment and confirmation of hat the la provides in light of the facts proved, and the pronouncement by the !udge in accordance thereith of hich of the parties is in the right, and hat are their specific rights and responsibilities ith respect to each other. *hat pronouncement must be made clearly and definitely, leaving no issue unresolved, in line ith the purpose of courts, hich is to put an end to disputes. i-#
T'E CONCE$T O% JUDICIAL $OWER Judicial poer is the poer to apply the las of the land to contests or disputes concerning legally recogni4ed rights or duties beteen 2. the govern governmen mentt and and priv private ate pers persons onsLL ". individual individual partie partiesKli sKlitiga tigants nts in cases cases brought brought before before the courts. courts.
Judicial poer is vested to the Supreme Court and in such inferior courts as may be established by la. &s defined by Justice Conception, !udicial poer is the authority to settle !ustifiable controversies or disputes involving rights of !ustice, or the redress of rongs for violations of such rights. 6hat is the scope of Judicial oerN Judicial poer includes the folloing 1. *o pass upon the validit validity y or constitution constitutionalit ality y of e>isting e>isting las, rules rules and regulations regulations 2. *o interpret interpret and and construe construe las las that that are alrea already dy enacted enacted . *o rend render er autho authori ritat tativ ive e !udgme !udgment nt
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
3. *o e>ercise e>ercise other incident incidental al poers poers necessary necessary to effectively effectively discharge discharge other other !udicial !udicial functions i# T'E CONCE$T O% JUDICIAL INDE$ENDENCE Judicial Independence is the freedom of the court to settle legal controversies or disputes $ith an impartial eye and an even hand%, and boing to no one e>cept the la. It is the freedom of the !udges to perform their functions ithout interferences from the e>ecutive or legislative branch of the government. ii#
T'E CONCE$T O% $OWER O% JUDICIAL REVIEW *he oer of Judicial evie is the poer of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or e>ecutive act invalid because it is in conflict ith the fundamental la.
&# T'E CONCE$T CONCE$T O% $RELIMIN $RELIMINAR ARY Y INVESTIG INVESTIGA ATION TION &s conducted by the Judge, preliminary Investigation is an in+uiry or proceeding for the purpose of determining hether there is sufficient ground to engender a ell founded belief that a crime cogni4able by the *C has been committed and that the respondent is probably guilty thereof and should be held for trial. (Section 1, ule 112, C)
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&ASIC COURT SYSTEM IN T'E $'ILI$$INES 0 & 8our -evel =ierarchy
In the hilippines, the regular courts engaged in the administration of !ustice are organi4ed into four () levels or tiers. &t the highest level is the Supreme Court and belo it are the three levels composing the loer courts. *hey are collectively #non as the Judiciary. Judiciary. &s thus organi4ed, they comprise hat hat is referred to to as the Integrated Judicial System.
C# COURT &7; TRIAL
JURISDICTION VENUE O% In
the sense that administration of justice has been described, it is substantially the same as jurisdiction of courts. courts. Jurisicti,n is the poer and authority of a court to hear, try, and decide a case. Jurisdiction of the court maybe general, limited, original, appellate, e>clusive, concurrent, criminal, and civil. *o try or hear a case simply means to receive evidence from the parties (including their arguments), according to fi>ed rules. *o decide or determine a determine a case means to resolve the dispute by applying the la to the facts (established by the evidence), supra. *he Venue refers Venue refers to the place here a case should be heard, tried, and decided.
D# TY$E TY$ES S O% COUR COURT T JURISD JURISDIC ICTIO TION N 1. eneral eneral Jurisdict Jurisdiction ion / hen the the court is is empoered empoered to decide decide all disputes disputes that that may come come before it e>cept those assigned to other courts rkmfiles 2008/ Reviewer in Criminal S ociology
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
2. -imit -imited ed Jurisdi Jurisdicti ction on / hen hen the court has authori authority ty to hear and determin determine e only a fe specified cases ". 9riginal 9riginal Jurisdi Jurisdiction ction / hen hen it can try and decide decide a case present presented ed for the first first time time . &ppell &ppellate ate Jurisd Jurisdict iction ion / hen it can try a case case already already hear and decided decided at the loer loer court removed from the latter by a ppeal 3. >clu >clusiv sive e Jurisdic Jurisdictio tion n / hen hen it can try and decide decide a case that cannot cannot be present presented ed to any other court B. Concurrent Concurrent Juris Jurisdicti diction on / hen any of to or more more courts courts may may ta#e cogni4an cogni4ance ce of a case @. Crimi Criminal nal Jurisdi Jurisdicti ction on / !urisd !urisdict iction ion to try a case case here here there there is punishme punishment nt or penalt penalty y provided by the la A. Civil Civil Jurisdicti Jurisdiction on / !urisdiction !urisdiction that that e>ists hen hen the sub!ect sub!ect matter is not of criminal criminal nature nature E. *erritor rritorial ial Jurisd Jurisdict iction ion .# DECISION DE%INED Decisi,n is Decisi,n is the !udgment rendered by a court of !ustice or other competent tribunal after the presentation of the respective positions of the parties in ordinary or criminal cases or upon a stipulation of facts upon hich the disposition of the case is based. 'a>imum periods for rendering of decisions
COURT ORGANI>ATION IN T'E $'ILI$$INE SETTING
A# T)e MeTCs; an MCTCs Jurisdiction of 'e*Cs, '*Cs, and 'C*CS 1. >clusive >clusive !urisdic !urisdiction tion over all violati violations ons of city or municipal municipal ordinances ordinances committe committed d ithin ithin their respective territorial !urisdiction. (&s amended by & @EB1) 2. >cl >clus usiv ive e orig origin inal al !uri !urisd sdic icti tion on over over all all offe offens nses es puni punish shab able le ith ith impr impris ison onme ment nt not not e>ceed e>ceeding ing B years years irresp irrespect ectiv ive e of the amount amount of fine, fine, and regard regardles less s of other other imposable accessory of other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of #ind, nature, value or amount thereof. rovided, hoever, that in offenses involving damage to property through criminal negligence, they shall have e>clusive original !urisdiction thereof. (&s amended by & @EB1) E?ce(ti,n E?ce(ti,n In cases falling ithin the e>clusive original !urisdiction of *Cs and of the Sandiganbayan ".
*errito erritorial rial !urisdict !urisdiction ion 'e*Cs, 'e*Cs, '*Cs and 'C*Cs e>ercise e>ercise their !urisdict !urisdiction ion in the city, city, municipality or circuit here the !udge thereof is appointed or designated.
Aut),rity t, C,nuct $reliminary In-esti*ati,n Judges Judges of 'e*Cs 'e*Cs (e>cep (e>ceptt those those in the 7C), 7C), '*Cs, '*Cs, and 'C*Cs 'C*Cs have have the authority to conduct preliminary investigation of crimes alleged to have been committed ithin their respective territorial !urisdictions that are cogni4able by the *Cs. Sessi,n ',urs ',urs 'e*Cs, '*Cs and 'C*Cs hold daily sessions from 'onday to 8riday / from A"F am to 12FF noon and from 2FF to "F pm. $r,ceure in MeTCs; MTCs an MCTCs MCTCs
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*he *he proc procedu edure re obse observ rved ed in 'e*C 'e*Cs, s, '*Cs '*Cs and and 'C*C 'C*Cs s in all all case cases s and and proceedings, hether civil or criminal, is the same as that scheduled observed in the *Cs. >ception 1. If there there is a particular particular provisi provision on e>pressly e>pressly or impliedl impliedly y applied applied to the *CL *CL and 2. In criminal criminal cases cases governed governed by the the ule on on Summary Summary rocedur rocedure e in special special cases. cases. &# T)e REGIONAL TRIAL COURTS 1.
C,m(,siti,n ,! t)e RTC *here are @2F egional *rial Court Judges in the hilippines coming from every region in the country.
2.
Jurisicti,n ,! RTCs RTCs Jurisicti,n Jurisicti,n ,! t)e RTC in criminal cases *Cs e>ercise e>clusive original !urisdiction in all criminal cases not ithin the e>clusive !urisdiction of any court, tribunal or body, e>cept those no falling under the e>clusive and concurrent !urisdiction of the Sandiganbayan that is e>clusively ta#en cogni4ance of by the latter. A((ellate @urisicti,n @urisicti,n *Cs e>ercise e>ercise appellate !urisdiction !urisdiction over all cases decided by 'etropoli 'etropolitan tan *rial *rial Courts, Courts, 'unicipal 'unicipal *rial *rial Courts, Courts, and 'unicipal 'unicipal Circuit Circuit *rial *rial Courts in their respective territorial !urisdictions. !urisdictions. Territ,rial Jurisicti,n Jurisicti,n *he *C e>ercises its !urisdiction ithin the area defined by the Suprem Supreme e Court Court as the territ territory ory over over hich hich the parti particul cular ar branch branch concer concerned ned e>ercises its authority, in in accordance of Section 1A of < 12E.
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Sessi,n ',urs ',urs *Cs hold daily sessions from 'onday to 8riday / from A"F am to 12FF noon and from 2FF to "F pm.
C# COURT O% A$$EALS 1.
C,m(,siti,n ,! t)e CA (Section CA (Section ", < 12E) *he Court of &ppeals is composed of 1 residing &ppellate Justice and E &ssociate &ppellate Justices ho are appointed by the resident. *he C& may sit en banc or in 1F divisions. *he C& operates as one body for the purpose of e>ercising the folloing functions a. admi admini nist stra rati tive ve b. ceremonia nial c. other other non0ad non0ad!ud !udic icato atory ry functi functions ons
3# Juri Juris sic icti ti,n ,n ,! t)e t)e CA CA a. 9riginal 9riginal !urisdi !urisdiction ction to to issue rits rits of mandamus, mandamus, prohibiti prohibition, on, habeas habeas corpus, corpus, and +uo arranto, and an au>iliary rits or processes, hether or not in aid of its appellate !urisdictionL b. >clusiv >clusive e original !urisd !urisdicti iction on over actions actions for annulment annulment of !udgments !udgments of *CsL *CsL and c. >clusiv >clusive e appellate appellate !urisdiction !urisdiction over all final final !udgments, !udgments, decision decisions, s, resolutions resolutions,, orders or aards aards of *Cs *Cs and +uasi0 +uasi0!ud !udici icial al agenci agencies, es, instr instrume umenta ntalit lities ies,, boards boards or commissio commissions, ns, including including the Securitie Securities s and >change >change Commission Commission and the CSC, CSC, e>cept those falling ithin the appellate !urisdiction of the SC in accordance ith the consti constitut tution ion,, the -abor -abor Code Code of the hilip hilippin pines es (; (;2 2 as amende amended), d), and the provisions of < 12E. N,te N,te *he party bringing the case to the C& is called A$$ELLANT and A$$ELLANT and the adverse party is called A$$ELLEE but A$$ELLEE but the title of the case remains as it as in the loer court.
D# SU$REME COURT 1.
C,m(,siti,n ,! t)e Su(reme C,urt
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*he *he hil hilip ippi pine ne Supr Suprem eme e Cour Courtt is comp compos osed ed of one one Chie Chieff Just Justic ice e and and 1 &ssociate Justices ho are appointed by the resident. (&rticle II, Section 01, hil. Constitution)
2.
Sittin* $r,ceure $r,ceure *he SC may sit en banc or in in divisions of ", 3, or @ members. members. 9n the basis of 13 members, members, the number of divisions divisions ill ill be 3, ", or 2, meeting meeting separately separately.. In case of 2 divisions, one division is composed of A members hile the other is compose of seven. *he SC decides hether or not itit sits in one division. *he purpose of sitting in divisions divisions is to increase the capacity of the SC to dispose cases pending before it.
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$,9ers ,! t)e SC (&rt. SC (&rt. III, Section 3) a. >er >erci cise se orig origin inal al !uri !urisd sdic icti tion on over over case case of affe affect ctin ing g amba ambass ssad ador ors, s, other other publ public ic ministers and consuls, and other petitions for certiorari, prohibition, mandamus, +uo arranto, and habeas corpus. b. evie evie,, revise, revise, revers reverse, e, modify modify,, or affir affirm m on appeal appeal or certiora certiorari ri as the la or the ules of Court may provide, final !udgments and other loer courts in 1) &ll cases cases in hich the constitu constitutiona tionality lity or validity validity of any treaty treaty,, internati international onal or e>ecutive, la, presidential decree, proclamation, order, instruction, ordinance, or regulation is in +uestion. 2) &ll cases cases involv involving ing the legali legality ty of any ta>, ta>, impost, impost, assessm assessment ent,, or toll, toll, or any penalty imposed in relation thereto. ") &ll cases cases in hich hich the the !urisdict !urisdiction ion of any loer loer court court is in in issue. issue. ) &ll criminal criminal cases cases in hich hich the penalty penalty imposed imposed is reclusi reclusion on perpetua perpetua or higher. higher. 3) &ll cases cases in in hich hich only an an error error or +uestio +uestion n of la la is involv involved. ed. c.
&ssign &ssign tempor temporari arily ly !udges !udges of loer loer courts courts to other other station stations s as public public interes interestt may re+uir re+uire. e. Such Such tempor temporary ary assignme assignment nt should should not e>ceed e>ceed B months months ithou ithoutt the consent of the !udge concerned. d. 9rder a change change of venue venue (place (place of trial) trial) to to avoid miscarri miscarriage age of !ustice. !ustice. e. romulgat romulgate e rules concernin concerning g the protection protection and enforcem enforcement ent of constitut constitutional ional rights, rights, pleading, practice, and procedure in all courts, the admission to the practice of la, the Integrate bar, and legal assistance to the underprivileged. underprivileged. Such rules provide a simplified and ine>pensive procedure for the speedy disposition of cases and it is uniform for all courts of the same grade, and it does not diminish, increase, or modify substantiv substantive e right. right. ules of procedure procedure of special special courts and +uasi0!udici +uasi0!udicial al bodies remain effective unless disapproved by the SC. f. &ppoi &ppoint nt all all offi offici cial als s and and empl employ oyee ees s of the Judi Judici ciar ary y in accord accordan ance ce ith ith the the Civi Civill Service -a. W)en can t)e SC ,rer a c)an*e ,! -enue (or -enue (or place of trial)N *he SC can order a change of venue or place of trial henever the imperative of securing a fair and impartial trial or of preventing a miscarriage of !ustice so demands. 6# $r,ce $r,ceure ure in t)e t)e Su(r Su(reme eme C,urt C,urt a. *he procedure procedure in in the SC in origin original al as ell ell as in appealed appealed cases cases shall be be the same as in the C& unless otherise otherise provided by the Constitution or the la. b. *he procedure procedure for for the revie revie by the the SC of decisions decisions render rendered ed by the C& in criminal criminal cases shall be the same as in civil cases. c. 6hen the the court en banc banc is e+ually e+ually divided divided in in opinion opinion or the necessa necessary ry ma!ority ma!ority cannot cannot be had, the case is reheard, and if in rehearing no decision is reached, the !udgment of conviction of the loer court is reversed and the accused ac+uitted. CORRECTIONS *he fourth pillar ta#es over once the accused, after having been found guilty, is meted out the penalty for the crime he committed. committed. =e can apply for probation or he could be turned over to a non0institutional or institutional institutional agency or facility for custodial custodial treatment and rehabilitation. rehabilitation. *he offender could avail of the benefits of parole or e>ecutive clemency once he has served the minimum period of his sentence.
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6hen the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or national penitentiary depending on the length of the sentence meted out. C9C*I97S e!ine C9C*I97S e!ine 1. Correctio Corrections ns is one branch of criminal criminal !ustice !ustice concerned concerned ith ith the custody, custody, supervisi supervision, on, and rehabilitation of convicted offenders. 2. &s a process, Correct Correction ion refers refers to the reorientati reorientation on or re0instructi re0instruction on of the criminal criminal offender offender in order to prevent himKher from repeating his deviant or delin+uent actions. In correcting the deviant behavior of the offender, the process does not consider the necessity of ta#ing punitive actions. ". It is a generic term that that includes includes all governmen governmentt agencies, agencies, facilitie facilities, s, programs, programs, procedure procedures, s, personnel, and techni+ues concerned ith the investigation, inta#e, custody, confinement, supervision, or treatment of alleged offenders (&llen and Simonsen, Corrections in &merica). $RISON defined $RISON defined 1. rison rison is is synonymo synonymous us ith ith penitentia penitentiaryL ryL a classic classical al place place of tortur torture e and e>treme e>treme hardship. hardship. (*raditional (*raditional description) 2. It is an inst instit ituti ution on for the the incarc incarcera erati tion on of perso persons ns convi convicte cted d of ma!orK ma!orKser seriou ious s crimes crimes.. ". It may may refer refer to a buil buildin ding g or other other place place estab establis lished hed for for the purpo purpose se of ta#in ta#ing g safe cust custody ody or confinement of criminals or others committed by laful authority. authority. JAIL defined JAIL defined 1. & Jail Jail is a place for loc#ing loc#ing0up 0up persons persons ho are convict convicted ed of minor offens offenses es or felonies. felonies. 2. It refers refers to a local or temporary temporary place place for confinem confinement ent of criminal criminal offend offenders, ers, as distingu distinguished ished from prison. ". It is a facility facility purposely purposely designed designed for detai detaining ning or confini confining ng persons persons ho are aaitin aaiting g trial and ho are already convicted but suffering short term of imprisonment. $UNIS'MENT defined defined unishment is the penalty imposed f or the transgression of la. It refers to any ill suffered in conse+uence of rongdoing. *here are to (2) ma!or goals of punishment 1. to infli inflict ct deserv deserved ed suffer suffering ing on evil evil doersL doersL and 2. prev preven enti tion on of of crim crime e $ENALTY defined defined ena enalt lty y refe refers rs to the the cons conse+ e+ue uenc nces es (suc (such h as suff suffer erin ing g or loss loss)) that that foll follo o the the transgression of las. Strictly spea#ing, it is the !udicial punishment for crime or violation of a la. IM$RISONMENT defined defined Impri Imprison sonmen mentt refers refers to the state state or condit conditio ion n of being being constrai constrained ned,, restra restraine ined, d, or incarcerated in confined room or building. It is actually a form of conventional punishment of criminal offenders. *here are three (") traditional purposes of Imprisonment. 1. *o insure insure the presence presence of the accuse accused d during during trial trial 2. *o administe administerr punishment punishment by confin confinement ement or or incarcerat incarceration ion ". *o secure secure the society society from from being molest molested ed by undesirab undesirable le character characters. s. &# Le*al &ases ,! C,rrecti,nal Aministrati,n in t)e $)ili((ine Settin* ist e>ist e>cept e>cept as a punish punishmen mentt for a crime crime hereof the party shall have have been duly convicted (Sec. 1A, (2), Ibid.) . >ces >cessiv sive e fines fines shall not be imposed, imposed, nor cruel, cruel, degradi degrading ng punishme punishment nt or inhum inhuman an punishment inflicted. inflicted. > > > (Sec. 1E (2), Ibid.) 3. *he *he empl employ oyme ment nt of physi physica cal, l, psyc psycho holo logi gical cal,, or degr degrad adin ing g puni punish shme ment nt agai agains nstt any any prisoner prisoner or detainee detainee or the use of substandar substandard d or inade+uat inade+uate e penal facilities facilities under subhuman conditions shall be dealt ith by la (Sec. 1E, (2), Ibid.) &ccording to the Re-ise $enal C,e, C,e , no felony shall be punishable by any penalty not prescribed by la prior to its commission. (&rt. 21 C) $r,+ati,n La9 B$#D# N,# 045 states that rkmfiles 2008/ Reviewer in Criminal S ociology
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
1. 0 one one of the ma!or ma!or goals goals of the gover governm nmen entt is to esta establ blis ish h a more more enlig enlight hten ened ed and humane correctional system that ill promote the reformation of offenders and thereby reduce the incidence of recidivismL 2. 0 the confine confinemen mentt of all offend offenders ers in prison prisons s and other instit instituti utions ons ith ith rehabi rehabilit litati ation on programs constitutes an onerous drain on the financial resources of the countryL and ". 0 there is need need to provide provide a less costly costly alternat alternative ive to the impriso imprisonment nment of offen offenders ders ho ho are li#ely to respond to individuali4ed, individuali4ed, community0based treatment programs.
C# C,rrecti,nal A*encies in t)e $)ili((ines a. &gencies &gencies engaged engaged in in insti instituti tutional onal correctio corrections ns a.
D# %ORMS O% $UNIS'MENT 1.;eath penalty / capital punishment 2.Imprisonment / the legal process of confining the offenders in prison for the purpose of protec protectin ting g the publi public c and at the same same time time rehabi rehabilit litati ating ng them them hile hile underg undergoin oing g institutional treatment program. ".;estierro ".;estierro (banishmen (banishmentKe> tKe>ile ile ) 0 the penalty penalty of banishing a person from the place here here he committed a crime, prohibiting him to get near or enter the 23 #m.0perimeter. #m.0perimeter. .8ine or compensation 3.Civic duties E# DURATION O% $ENALTIES 1. C-5SI C-5SI97 97 *5 *5& & 0 imprisonm imprisonment ent of more than 2F yearsL yearsL ma>imum ma>imum imprisonmen imprisonmentt of "F yearsL the prisoner (convict) may apply for e>ecutive clemency (pardon) unless he is dis+ualified by la 2. C-5SI C-5SI97 97 *'9 *'9&&- 0 impris imprisonment onment of of 12 years and and 1 day to 2F years years ". ISI97 ISI97 '&? '&?9 9 0 impriso imprisonment nment of B years years and 1 day to 12 12 years years *emporary dis+ualification . ISI97 ISI97 C9C C9C*I97 *I97&&- 0 impris imprisonmen onmentt of B months months and 1 day B years years Suspension and ;estierro 3. &S* &S*9 9 '&?9 '&?9 0 impriso imprisonment nment of of 1 month month and 1 day day to B months months B. &S* &S*9 9 '79 '79 0 impriso imprisonment nment of 1 day day to "F days days @. <97; *9 *9 D D *= *= &C &C or 8I7 0 the amount amount of fine fine to be imposed is discret discretionar ionary y ith the court %# T)e DEAT' $ENALTY C&I*&- 9887S or =I795S CI' is an act, hich under the e>isting la at the time of its commission, may be punished by death (although a loer penalty than death maybe imposed imposed after conviction conviction). ). ;eath ;eath penalty penalty as re0impose re0imposed d as a form of punishment punishment for heinous heinous crime by virtue of & G @E3E, otherise called the ;eath enalty -a approved in January 2, 1EE. 6hen & G A1@@ (*he -ethal In!ection -a) as enacted, the e>ecution of death penalty as changed from electrocution electrocution to lethal in!ection. Crimes Crimes punishable by death include *reason / 'urder 0 Mualified piracy / Didnapping 0 ;rug traffic#ing 0 &ggravated &ggravated ape 0 obbery K homicide or rape 0 ;estructive &rson &rson Cases in hich ;eath enalty shall not be imposed 1. If the the guilt guilty y party party is is over over @F year years s old 2. If the death death penalty penalty imposed imposed by the the loer loer court is not affir affirmed med by the Suprem Supreme e Court ". If the offender offender is under under 1A years years of age age at the the time time of the the commission commission of the crime crime.. Instances hen the e>ecution of the ;eath enalty is suspended 1. If the convic convictt reach reached ed the the age age of @F @F 2. If the convic convictt is a pregn pregnant ant oman oman ". If the the convic convictt becomes becomes insane insane or is is an imbecile imbecile rkmfiles 2008/ Reviewer in Criminal S ociology
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
G# JAIL an $RISON Or*ani:ati,n in t)e $)ili((ines 1. 7&*I97&7&*I97&- or I7S5-& IS97S 0 administered administe red by the ceed " yearsL place here !uvenile offenders and the mentally insane people are usually detained hile their transfer to other institutions are pending. ". 6or# =ouse, Jail 8arm 8arm 9r Camp 0 a facility that houses minimum minimum custody offenders ho are servi serving ng short short senten sentences cesLL inmate inmates s underg undergo o constr construct uctiv ive e or# or# progra programsL msL provid provides es full full employment of prisoners, remedial services and constructive leisure time activities. Classification Classification of Jail risoners 1. ;etention prisoners 0 those detained for investigation, investigation, hearing, or trial 2. Sente Sentence nced d prison prisoners ers 0 offend offenders ers ho are committe committed d to the !ailK !ailKpri prison son to serve serve their their sentence after final conviction by a competent court ". risoners risoners ho ho are on safe#eeping safe#eeping 0 includes non0crim non0criminal inal offenders offenders ho are detained detained in order to protect the community, e>ample insane persons Classification of risoners according to ;egree of Security 1. Super0'a> Super0'a>imum imum Securit Security y risoners risoners 0 special group group of prisoners prisoners composed composed of incorrigi incorrigible, ble, intractable, and highly dangerous persons ho are the source of constant disturbance even in ma>imum security institutionsL ear orange uniforms and compose the 2 of 7< population 2. 'a>imum 'a>imum Security Security rison risoners ers 0 the group group composed composed of chronic chronic trouble0 trouble0ma#er ma#ers s but not as dangerous as the super ma>imum security prisonersL their movements are restricted and they are not alloed to or# outside the institution but rather assigned to industrial shops ithin the prison compoundL they ear orange uniforms and they occupy the 7< main building. ". 'edium 'edium Securi Security ty risone risoners rs 0 prison prisoners ers ho cannot cannot be trust trusted ed in open open condit condition ions s and pose lesser danger than ma>imum security prisoners in case they escapeL a group of prisoners ho maybe alloed to or# outside the fenceKalls of the penal institution
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ANGELES UNIVERSITY FOUNDATION CRIMINOLOGY REVIEW CENTER
under guard or ith escortsL occupy Camp Sampaguita ('edium Security Institution)L they are employed as agricultural or#ers and they ear blue uniforms . 'inimum 'inimum Securit Security y risoners risoners 0 group group of prisoners prisoners ho ho can be reasonabl reasonably y trusted trusted to serve serve their their senten sentence ce under under Hopen Hopen condit condition ionsHL sHL they they can be truste trusted d to report report to their their or# or# assignments ithout the presence of guardsL they occupy Camp
I# ETINCTION O% CRIMINAL LIA&ILITY Conditions for the total e>tinction of criminal liability are ;eath of the convict, Service of sentence, &bsolute ardon, &mnesty, rescription of crime, rescription of penalty, 'arriage of the offended party to the offender (in good faith), Condit Condition ions s for the partia partiall e>tinc e>tinctio tion n of crimi criminal nal liabil liabilit ity y are are Condit Condition ional al ardon ardon,, Commutation of Sentence, robation, arole, ood Conduct *ime &lloance T'E COMMUNITY $ILLAR revention and control of crime is not the sole duty and responsibility of the government 0 it is also the responsibility of the community. It includes private persons, private groups, and public entities. *he *he comm communi unity ty coul could d eith either er be in the the form form of bad bad or good good neig neighb hbor orho hood od.. perienci e>periencing ng economic economic difficul difficulties ties,, alcoholism alcoholism,, substance substance abuse, gambling and many other problems in life. *his connotes that bad neighborhood is the home of bad elements of society because the environment is very conducive for the commission of crimes. *he Community also consists of the e>isting social institutions such as the family, school, church, mass media, and 79s. 1. *he 8&'I-? *he 8amily refers to the basic social group united through bonds of #inship or marriage, present in all societies. It is the primary institution that molds a child to become a la0abiding person or a delin+uent. *he =ome is the place of one:s affections, peace, or rest. It is the home here the family resides. *he home is one of the most basic but most influential environments that lead a person to become a la0abiding citi4en or the opposite / a criminal. It is said that the home is the cradle of human personality, for it here the child develops his fundamental attitudes and habits that last through out his life. *he #ind of conscience that the child develops depends largely on the #ind of family 0 parents and siblings 0 he has. *he parents are the most influential persons in the family. tension of the home having the strategic position to control crime and delin+uency. It e>ercises authority over every child that enters its !urisdiction. *he teachers are considered second parents having the responsibility to mold the child to become productive members of the community by devoting energies to study the child behavior using all available scientific means and devices in an attempt to provide each the #ind and amount of education they need. *he school has the role of or#ing closely ith the parents and neighborhood, and other community agencies and organi4ations to direct the child in the most effective and constructive ay. =oever, =oever, the school could be an influence to delin+uency and criminality hen teachers are being disli#ed because they tend to antagoni4e the children. *here are teachers that are bad tempered, crabby, grouchy, hostile, sarcastic, unreasonable, intolerant, ill0mannered, too strict, and unfair. *hese teachers provide conditions that ma#e the students e>perience frustration, inade+uacy, insecurity, insecurity, and confusion hich are usually considered the #indergarten of crime.
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". *he C=5C= *he Church is the institution that provides a place for public orship and the services needed to enhance the spiritual and moral character of an individual. *he church influences people:s behavior ith the emphasis on morals and life:s highest spiritual values, the orth and dignity of the individual, and respect for person:s lives and properties. *he church generates a strong ill of the people to oppose crime and delin+uency. delin+uency. eligion refers to a particular institutionali4ed or personal system of spiritual beliefs and practices. eligion is a positive force for goodness in the community and an influence against crime and de lin+uency. lin+uency. . *he '&SS ';I& *he media media is the best best insti institut tution ion for inform informati ation on dissem dissemin inati ation on thereb thereby y giving giving an opportunity to the public to #no the necessary facts of life that help them shape their daily vies about crime and its control. 3. 7on0overnment 9rgani4ations (79s) 79s are private organi4ations that are civic0oriented and thus promote peaceful and productive society. *hese are groups of concerned individuals responsible for helping the government to pursue pursue commun community ity develo developme pment. nt. *hey *hey serve serve as partne partners rs of the govern governmen mentt instit instituti utions ons in provid providing ing common common servi services ces for publi public c good good and elfar elfare, e, thus thus preve preventi nting ng crimin criminali ality ty and maintaining peace and order. 3"!,l R,le ,! t)e C,mmunity as a (illar ,! CJS %irst; %irst; it has the responsibili responsibility ty to (artici(ate in la9 en!,rcement acti-ities by being partners of the peace officers in reporting the crime incident, and helping in the arrest of the offender. Sec,n, Sec,n , it has the responsibility to (artici(ate in t)e (r,m,ti,n ,! (eace an ,rer through crime prevention or deterrence and in the rehabilitation of convicts and their reintegration to society. Re)a+ilitati,n ta#es place hen the convict is serving his sentence. & convict may be paroled or may be placed on probation. 5nder the concept of a participative criminal !ustice system in the hilippines, (u+lic an (ri-ate a*encies; as 9ell as citi:ens, citi:ens , become part of the CJS hen they participate and become involved ith issues and activities related to crime prevention. *hus *hus,, citi:en"+ase crime (re-enti,n *r,u(s become become part of the CJS ithin ithin the frameor# of their involvement in crime prevention activities and in the reintegration of the convict ho shall be released from the correction pillar into the mainstream of society.
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