CRIM PATAKA

1. Criminal Justice System of the
Philippines
Andre A. Cardenas Jr.

2. Type of Law
•Civil Law
•Criminal Law
•Remedial Law

3. Crime
• Concept of crime varies from
country to country and its
changes to adopt the changing
time.
• Crime is a growing international
problem.

4. Crime
• It is defined as an act or omission
punishable or in violation of a criminal
law of a state.
• Two element of crime:
–There must be an act or omission.
–The act or omission must be punishable by
law.

5. DOCTRINE OF CRIME
• Ignorantia Legis Non Excusat
(Ignorance of the Law Excuses No
One) (Art. 3, Civil Code)
• Nullum Crimen, Nulla Poena Sine
Legis (There is no crime if there is
no law punishing it.)

6. What is criminal?
• An individual who
has been found
guilty of the
commission of
conduct that cause
social harm and that
is punishable by law;
a person who has
committed a crime.

7. Criminal Justice System
• Criminal justice system refer to the system
used by the government to maintain social
control, enforce laws, prosecute offenses, and
administer justice, sentencing and
rehabilitation of offenders.
• it is composed of the different agencies of the
government to enforce the criminal law in
accordance with the defined set of procedural
standards and limitations.

8. Criminal Justice System
• It is defined as the machinery established by
the government to deal with the problem of
crime and criminality.

9. Criminal Justice System: Its symbol and meaning
Lady Justice is also known
as Iustitia or Justitia after Latin: Iustitia, the Roman
goddess of Justice,
Lady Justice is most often depicted with a set of scales
typically suspended from her left hand, upon which she
measures the strengths of a case's support and
opposition.
Balance Scales: These represent impartiality and the
obligation of the law (through its representatives) to
weigh the evidence presented to the court. Each side of
a legal case needs to be looked at and comparisons
made as justice is done.
Lady Justice has often been depicted wearing a
blindfold. The blindfold represents impartiality, the
ideal that justice should be applied without regard to
wealth, power, or other status.
The last distinctive feature of
Lady Justice is her sword. The
sword represented authority in
ancient times, and conveys the
idea that justice can be swift
and final.

10. Five Pillar of Criminal Justice System
• Law enforcement
• Prosecution,
• Court,
• Correction,
• Community.

11. Criminal Justice
• In the Philippines the CJS policy
has been guided by the:
• 1987 Philippine Constitution
• Specifically the Bill of Rights
provisions.

12. Twin Goal of Criminal Justice
•Justice, and
•Crime Control.

13. LAW ENFORCEMENT
PROSECUTION
COURT
CORECTIONS
Pertaining to the
government
agencies vested
with official
responsibility in
dealing with
crime prevention
and control
THE FIRST 4 PILLAR OF CRIMINAL JUSTICE SYSTEM

14. COMMUNITY
THE COMMUNITY PILLAR HAS THE
BROADEST JURISDICTION AMONG
THE OTHERS.

15. 5/15/2022

16. • The law enforcement pillar is the first contact
of the offender since they detect and
investigate wrongful act and makes arrest.
• After arrest is the preliminary investigation or
inquest proceeding in determination of
probable cause to be done by prosecution
pillar.
• If there’s a probable cause a case is filed in
court with jurisdiction over the case. When
offender founds guilty in the trial a verdict will
be given.
• The sentencing will be served in correction
pillar. The convict after service of sentence
comes back to the community to be integrated
and productive citizen in society.
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PCJS as a process:

17. The Law Enforcement Pillar
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18. The Law Enforcement Pillar
• The law enforcement pillar has its mission
to prevent and control of crimes, arrest of
suspects, investigation and filing of case,
and assisting in prosecution.
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19. The Law Enforcement Pillar
Law enforcement is the first pillar of the criminal justice
system, because it is the system that individuals first
encounter when they go against the law. It is also the most
visible system to society, because we see law enforcement
officerseveryday.
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20. Arrest Stage
• The criminal justice process begins with
the commission of a crime. But it is more
accurate to say that it begins with the
detection of the crime.
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21. • Detection is taken to mean not only
observed acts of crime but the results of
a crime.
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22. • If a crime is undetected or unreported, it
obviously does not enter the system.
Even if it was already committed but is
till undiscovered, it does not enter the
system.
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23. 2 Steps following the detection of a crime
Complaint- Investigation- Arrest- Booking
the most common way in which crime is
brought to the attention of those in the
criminal justice system is by Citizen
Complaint to the Police.
(With warrant of Arrest)
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A complaint is a sworn written statement charging
a person with an offense, subscribed by the
offended party, any peace officer, or other public
officer charged with the enforcement of the law
violated. (sec. 3, Rule 110)
An arrest may be made on any day and at any
time of the day or night.
When is a complaint or information sufficient?
Sufficiency of complaint or information. — A complaint or information is
sufficient if it states the name of the accused; the designation of the
offense given by the statute; the acts or omissions complained of as
constituting the offense; the name of the offended party; the
approximate date of the commission of the offense; and the place where
the offense was committed.
When an offense is committed by more than one person, all of them shall
be included in the complaint or information (sec. 6, Rule 110)

24. Arrest
Is taking a person into a custody in
order that he may bound to
answer for the commission of an
offense. (Rules of Court, Rule 113)

25. Police - Observation – Arrest- Booking,
Investigation
when the Police witness an actual crime in
progress and are able to apprehend the
offender, arrest is usually immediate.
(Warrantless arrest)
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26. Arrest without Warrant of Arrest (sec.8, Rule 113)
• Caught in the act
• Hot pursuit operation
• Fugitive/ escape prisoner
• About to commit crime
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Should we conduct a Preliminary Investigation?
Ans. NO, instead an Inquest Proceedings.
Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained
without the benefit of a warrant of arrest issued by the court. The inquest
serves to determine whether said persons should remain under custody
and correspondingly be charged in court.

27. Charging Stage
• Police output in the form of an arrested or
booked suspect becomes input into the
charging stage.
• The Prosecution will decide whether the
suspect will be tried for the commission of
a crime.
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What do you call to this kind of inquiry after filing a complaint?
Ans. 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.1,Rule112)
Penalty prescribed by law is at least four (4) years, two (2) months and
one (1) day without regard to the fine.

28. • At this point evidence is evaluated, law is
studied, and police officers and witnesses are
perhaps interviewed to assess the nature of
case and to decide whether the case will be
dismissed or be forwarded to the next stage.
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30. Prosecutor • Refers to a quasi-judicial officer
who assumes full discretion and
represents the government or the
people of the Philippines in a
criminal proceeding before a court
of law.

31. Prosecution
 Is a proceeding instituted and carried on
by due course of law, before a competent
tribunal, for the purpose of determining
the guilt or innocence of a person
charged crime.

32. Prosecution
Serves as
the lawyer
of the
government
in criminal
cases.

33. • All criminal actions either
commenced by complaint or by
information shall be prosecuted
under the direction and control
ofapublicprosecutor.

34. Creation of prosecution pillar
• It was created by virtue of P.D. No. 1275, entitled “Reorganizing the
Prosecution staff of the Department of Justice and the Offices of the
Provincial and City Fiscals Regionalizing the Prosecution Service” This law
wasenactedonApril11,1978.
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 Republic Act No. 10071, otherwise known as
the Prosecution Service Act of 201, became a
law. This law was enacted to strengthen and
rationalize the national Prosecution Service.

35. 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.
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36. MANDATORY: Preliminary
Investigation
• a preliminary investigation is required to be
conducted before the filing of a complaint or
information for an offense where the penalty
prescribed by law is at least four (4) years,
two (2) months and one (1) day without
regard to the fine.
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37. Who are authorized to conduct preliminary
investigations
• Provincial or City Prosecutors and their
assistants;
• Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts
• National and Regional State Prosecutors
• Other officer as may be authorized by the law (e.g.
COMELEC, Ombudsman).
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38. The preliminary investigation shall be
conducted in the following manner
(a)The complaint shall state the address of the
respondent and shall be accompanied by the
affidavits of the complainant and his
witnesses, as well as other supporting
documents to establish probable cause.
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39. COMPLAINT
MADE BY
THE POLICE
Must state the ff.
– Name of the accused;
– Designation of the offense
given by the statue;
– The acts or omissions
complained of as
constituting the offense;
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After filing of complaint, what should the prosecutor do?
Ans. Within ten (10) days after the filing of the complaint, the investigating
officer shall either dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent attaching to it a copy
of the complaint and its supporting affidavits and documents.
What should the respondent do?
Ans. Within ten (10) days from receipt of the subpoena with the complaint
and supporting affidavits and documents, the respondent shall submit his
counter-affidavit and that of his witnesses and other supporting documents
relied upon for his defense.
If the respondent cannot be subpoenaed, or if subpoenaed, does not
submit counter-affidavits within the ten (10) day period, the investigating
officer shall resolve the complaint based on the evidence presented by the
complainant.

40. 5/15/2022
When is the Hearing or investigation shall start?
Ans. The hearing shall be held within ten (10) days from submission of the
counter-affidavits and other documents or from the expiration of the
period for their submission. It shall be terminated within five (5) days.
Within ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the
respondent for trial.
Within five (5) days from his resolution, he shall forward the record of the
case to the provincial or city prosecutor or chief state prosecutor, or to
the Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction. They shall act on
the resolution within ten (10) days from their receipt thereof and shall
immediately inform the parties of such action.

41. Inquest
Investigation/
proceeding
• Is an informal and summary
investigation conducted by a
public prosecutor in criminal
cases involving persons
arrested and detained
without the benefit of a
warrant of arrest issued by
the court.

42. COURT as
the 3rd
Pillar:
Criminal
Justice
System of
the
Philippines

43. The Court Pillar
 After the fiscal or
prosecutor have done their
inquest or preliminary
investigations, and prima
facie evidence established
against the suspects, the
case is filed with the
appropriate court of
justice.

45. - Section 1, ArticleVIII of the 1987 Philippine
Constitution
“In this stage of criminal justice system, judicial
determination of the guilt or innocence of the
accused is under consideration. Our Constitution
ordains that judicial powers shall be vested in one
Supreme Court and such lower courts as may be
established by law.”

46. JUDICIALPOWER
• The judicial power shall be vested in one Supreme Court and
in such other courts as may be established by law.
• includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
enforceable
• to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government -(Section
1, ArticleVIII, 1987 Constitution).

47. Functions of the Court
1. Keeping the peace
2. Deciding controversies
3. Administrative Role

48. Administration of justice
involves two things:
1. the ascertainment or
determination of the
relevant facts of a
controversy,
2. the application of the law
to those facts in order to
resolve the controversy.

49. Jurisdiction is defined as the power to try
and decide, or hear and determine a case.
To try to hear a case simply means to receive
evidence from parties – including their
arguments – according to the fixed rules. To
decide or determine a case means to resolve
the dispute by applying the law to the facts
established by evidence.

50. Jurisdiction
• The word jurisdiction is derived
from two Latin words “juris” and
“dico”
• Juris – Right
• Dico – I say

51. Jurisdiction
• Is the right of a Judge to pronounce
a sentence of the law in a case or
issue before him, acquired through
due process of law.
• It is “the authority by which judicial
officer take cognizance of and
decide cases.

52. WHAT IS CRIMINAL JURISDICTION??
 the authority to hear and try a particular
offense and impose the punishment for it.
Criminal jurisdiction is essential because
without this the court cannot hear, try, and
decide on a particular case.

53. REQUISITES FORVALID
EXERCISE OF CRIMINAL
JURISDICTION

54. The offense, by virtue of the imposable
penalty or its nature, is one which the court is
by law authorized to take cognizance of.
1. JURISDICTION OVERTHE SUBJECT MATTER

55. The offense must have been committed or any of its
essential ingredients must have taken place within the territorial
jurisdiction of the court. It cannot be waived and where the
place of the commission was not specially charged, the place
may be shown by evidence,
2. JURISDICTION OVERTHETERRITORY-

56. The person charged with the offense must have
been brought for trial, forcibly by warrant of arrest or
upon his voluntary submission to the court.
3. JURISDICTION OVERTHE PERSON OFTHE ACCUSED

57. BAIL

58. Bail is defined as the security given for the release of a person
in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be given in the form
of corporate surety, property bond, cash deposit, or
recognizance
(Section 1, Rule 114).
The accused is generally NOT required to be
placed in jail pending investigation/trial of his
case due to the Constitutional guarantee for the
Right to Bail.

59. All persons in custody shall be admitted to bail as a matter of
right, with sufficient sureties, or released on recognizance:
(a) before or after conviction by the MetropolitanTrial Court,
MunicipalTrial Court, MunicipalTrial Court in Cities, or
Municipal CircuitTrial Court, and,
(b) before conviction by the RegionalTrial court of an offense
NOT punishable by death, reclusion perpetua, or life
imprisonment (Section 4, Rule 114).
BAIL, A MATTER OF RIGHT; EXCEPTION

60. The application for bail may be filed and acted upon by the trial court despite
the filing of a notice of appeal, PROVIDED it has NOT transmitted the original
record to the appellate court. HOWEVER, if the decision of the trial court
changes the nature of the offense from non-bailable to bailable, the application
for bail can only be filed with and resolved by the appellate court.
SHOULD the court grant the application, the accused MAY be allowed to
continue on provisional liberty DURING the pendency of the appeal under the
same bail subject to the consent of the bondsman.
BAIL, WHEN DISCRETIONARY
UPON conviction by the RegionalTrial Court of an offense NOT punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary.

61. If the penalty imposed by the trial court is imprisonment
exceeding six years, the ACCUSED SHALL BE DENIED BAIL, or HIS
BAIL SHALL BE CANCELLED upon a showing by the prosecution,
with notice to the accused, of the following or other similar
circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent,
or has committed the crime aggravated by the circumstance of
reiteration; sentence, or violated the conditions of his bail without
valid justification; conditional pardon; released on bail; or
(b) That he has previously escaped from legal confinement,
evaded
(c) That he committed the offense while under probation, parole,
or
(d) That the circumstances of his case indicate the probability
of flight
(e) That there is undue risk that he may commit another
crime during the pendency of the appeal (Section 5, Rule
114).

62. NON- BAILABLE :CAPITAL OFFENSE OR
AN OFFENSE PUNISHABLE BY
RECLUSION PERPETUA OR LIFE
IMPRISONMENT
• No person charged with a capital offense or an
offense punishable by reclusion perpetua or life
imprisonment shall be admitted to bail when
evidence of guilt is strong, regardless of the state of
the criminal prosecution (Section 7, Rule 114).

63. Venue
IS THE SITE OR LOCATION
WHERE THE CASE IS TO BE
TRIED ON THE MERITS.

64. Judgment
 Is the adjudication by the
court that the accused is
guilty of the offense
charged, and the
imposition of the proper
penalty and civil liability
provided for by law against
an accused.

65. The Philippine Court System
Supreme Court
Court of Appeals SandiganBayan
Court of Tax
Appeals
Regional
Trial Court
Shari’a District
Courts
Municipal Trial
Court in Cities
Metropolitan
Trial Courts
Shari’a Circuit
Courts
Municipal
Trial Courts
Municipal Circuit
Trial Courts

66. Municipal
Circuit Trial
Municipal
Metropolitan
Municipal
Trial Courts
in Cities
Shari’a
Regional
S U P R E M E C O U R T
SANDIGANBAYAN
Court of Tax
Appeals
-Regular Courts
-Special Courts
COURT OF
APPEALS
Shari‘a
District Courts
Regional
Regional Trial
Courts
Shari’a
Shari’a
Circuit Courts
Municipal
Trial Courts
Municipal
Trial Courts
in Cities
Metropolitan
Metropolitan
Trial Courts
Municipal
Municipal
Trial Courts
Municipal
Circuit Trial
Municipal
Circuit Trial
Courts

67. Basic Court System
in the Philippines
In the local setting, the
regular courts engaged in
the administration of justice
are organized into four (4)
levels or tiers. At the highest
level is the Supreme Court.
The tiers are collectively
known as the judiciary.

68. First level Courts
 Metropolitan Trial Courts
(MetroTC),
 Municipal Trial Courts in
Cities or Municipalities
(MTCC,MTC),
 and Municipal Circuit Trial
Courts (MCTC).

69. Courts of the first level are essentially
trial courts. They try and decide only a
particular types or classes specified by
law. Criminal actions within their
jurisdiction include those involving
violations of City or Municipal
Ordinances and offenses punishable
with imprisonment not exceeding six
years.

70. Second Level Courts
At the second level is the Regional Trial Courts
(RTC). The Philippines is divided into 16 regions
including NCR, CAR, ARMM and CARAGA
region. In each region, there is a Regional Trial
Court (RTC), composed of several branches.

71. Like the first level courts, RTC, are trial courts of
general jurisdiction; they try and decide not only
the particular classes or kinds of cases assigned
to them by law, but also those which are not within
the jurisdiction of courts of the first level.
Among the civil actions assigned to them by law are
those in which the subject of litigation incapable of
pecuniary estimation, or those involving title to or
possession of real property where the assessed
value of the property exceeds Php20,000.00 or
Php50,000.00 in Metro-Manila. The RTC also
exercises appellate jurisdiction to review cases
appealed from courts of the first level.

72. Third level court
At the third level is the Court of
appeals. This is essentially an
appellate court. It may review
questions of fact and law appealed
to it by the RTC.
Appeals to it as regards cases
decided by the RTC in the
exercise of original jurisdiction,
that is tried and decided before
any other court, are a matters of
right.

73. But appeals with respect to cases decided
by the RTC in the exercise of its appellate
jurisdiction, such as cases first tried and
decided by a court of first level and then
appealed to and decided by the RTC, are
a matter of discretion.

74. Third level Court
• Sandiganbayan
–Established under PD 1606
–Its rank is equivalent to the Court of Appeal.
–Sandiganbayan sits in five (5) division of
three justices each.

75. Sandiganbayan
Is the so-called graft court
which has exclusive
jurisdiction over violations
of the
Anti-Graft and Corrupt Practices Act (RA
3019), as amended, the Unexplained
Wealth Act (RA 1379) and other offenses
or felonies committed by public officials
and employees in relation to their office,
including those employees in government-
owned or controlled corporations.

76. Third level
Court
– Equivalent to the Regional Trial
Court in rank are the Shari’a
District Courts which were
established in certain specified
provinces in Mindanao where the
Code of Muslim Personal Laws of
the Philippines is being enforced.
– There are five Shari’a District
Courts and fifty one (51) Shari’a
Circuit Court in existence.
– It was created under PD No. 1083.
– Pertain to family rights and duties
as well as contractual relations of
Filipino Muslims in the Mindanao.
Shari’a Courts

77. Third Level Courts
• Courts of Tax Appeals
• Created under RA No. 1125.
• The court has a limited jurisdiction.
• RA No. 9282 expanded the jurisdiction of the CTA,
elevating its rank to the level of collegiate court with
special court with special jurisdiction and enlarging
its membership.

78. Court of Tax Appeal
• CTA is now of the same level as the Court
Appeals, possesses all the inherent
powers of a Court of Justice.
• Consist of a Presiding Justice and five (5)
Associate Justices.

79. Supreme Court
The Supreme Court is the highest
court of the land. It is a review
court. It is the court of last resort,
for no appeal lies beyond its
judgment and final orders.
In the context of the Integrated
Judicial System, it exercises
appellate jurisdiction over cases
decided by the Court of appeals
or Regional Trial Courts. As a rule,
only question of law may be
raised.

80. ARRAIGNMENT AND PLEA

81. (a) The accused must be arraigned before the court
where the complaint or information was filed or assigned
for trial. The arraignment shall be made in open court
by the judge or clerk by furnishing the accused with a
copy of the complaint or information, reading the same
in the language or dialect known to him, and asking
him whether he pleads guilty or not guilty. The
prosecution may call at the trial witnesses other than
those named in the complaint or information.
HOW ARRAIGNMENTS AND PLEAS ARE MADE:

82. • (b) The accused MUST be present at the arraignment and
MUST personally enter his plea. Both arraignment and plea
shall be made of record, but failure to do so shall not affect
the validity of the proceedings.
(c) When the accused REFUSES to plead or makes a
CONDITIONAL plea, A PLEA OF NOT GUILTY shall be
entered for him.
(d) When the accused pleads guilty BUT presents
exculpatory evidence, his plea shall be deemed
WITHDRAWN and A PLEA OF NOT GUILTY shall be entered
for him.

83. PLEA OF GUILTYTO A LESSER OFFENSE
• At arraignment, the accused, with the consent of the
offended party and prosecutor, MAY BE ALLOWED by the
trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged. After
arraignment BUT before trial, the accused MAY STILL BE
ALLOWED to plead guilty to said lesser offense after
withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary (Section 2, Rule 116).

84. PLEA OF GUILTYTO CAPITAL OFFENSE
• When the ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, the
court shall conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree of culpability. The
accused may present evidence in his behalf (Section 3, Rule 116)

85. PLEA OF GUILTYTO NON-CAPITAL
OFFENSE
• When the ACCUSED PLEADS GUILTYTO A NON-CAPITAL
OFFENSE, the court may receive evidence from the parties to
determine the penalty to be imposed (Section 4, Rule 116).

86. • At any time BEFORE the judgment of conviction
becomes final, the court MAY permit an
improvident plea of guilty to be WITHDRAWN
and be substituted by a plea of not
guilty (Section 5, Rule 116)
WITHDRAWAL OF IMPROVIDENT PLEA OF
GUILTY

87. DUTY OF COURTTO INFORM ACCUSED OF HIS
RIGHTTO COUNSEL
BEFORE arraignment, the court shall inform the
accused of his right to counsel and ask him if he desires to
have one. Unless the accused is allowed to defend himself
in person or has employed counsel of his choice, the court
must assign a counsel de officio to defend him (Section 6,
Rule 116).

88. Upon motion by the proper party, the arraignment shall
be suspended in the following cases:
a. The accused appears to be suffering from an unsound
mental condition which effectively renders him unable to
fully understand the charge against him and to
plead intelligently thereto. In such case, the court SHALL
ORDER HIS MENTAL EXAMINATION and, if necessary,
his confinement for such purpose; There exists a
prejudicial question; and
SUSPENSION OF ARRAIGNMENT

89. MOTIONTO QUASH

90. • At any time before entering his plea, the
accused may move to quash the
complaint or information.

91. The accused may move to quash the complaint or
information on any of the following grounds:
a. That the facts charged DO NOT constitute an offense;
b. That theCOURT trying the case HAS NO JURISDICTIONOVERTHE OFFENSE charged;
c. That the COURT trying the case has NO JURISDICTION OVER THE PERSON OR THE
ACCUSED;
d. That the officer who filed the information had no authority to do so.
e. That it does not conform substantially to the prescribed form;
f. That more than one offense is charged except when a single punishment for various offenses
is prescribed by law;
g. That the criminal action or liability has been extinguished;
h. That it contains averments which, if true, would constitute a legal excuse or justification; and
i. That the accused has been previously convicted or acquitted of the offense charged, or the
case against him was dismissed or otherwise terminated without his express consent
(Section 3, Rule 117).

92. DOUBLE JEOPARDY

93. APPLICATION OFTHE PRINCIPLE OF
DOUBLE JEOPARDY
• When the accused has been convicted or acquitted, or the
case against him dismissed or otherwise terminated without
his express consent by a court of competent jurisdiction,
upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and
after the accused had pleaded to the charge, the conviction
or acquittal of the accused or dismissal of the case shall be a
bar to another prosecution for the offense charged, or is
necessarily included in the offense charged in the former
complaint or information (Section 7, Rule 117).

94. PRE-TRIAL

95. PRE-TRIAL; MANDATORY IN CRIMINAL
CASES
• In all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court in after Cities, Municipal Trial Court and Municipal
Circuit Trial Court, the court shall, after arraignment and
within 30 days from the date the court acquires jurisdiction
over the person of the accused, unless a shorter is provided
for in special laws or circular of the Supreme Court, order a
pre-trial conference.

96. (a) plea bargaining
(b) stipulation of facts
(c) marking for identification of evidence of the
parties;
(d) waiver of objections to admissibility of evidence
(e) modification of the order of trial if the accused
admits the charge but interposes a lawful
defense; and
(f) such matters as will promote a fair and
expeditious trial of the criminal and civil aspects
of the case.
PURPOSES OF PRE-TRIAL:

97. TRIAL

98. AFTER a plea of NOT guilty is entered, the accused shall have at
least 15 days to prepare for trial. The trial shall commence within 30
days from receipt of the Pre-Trial order.
Continuous trial until terminated
Trial once commenced shall continue from day to day as far as
practicable until terminated. It may be postponed for a reasonable
period of time for good cause.
The court shall, after consultation with the prosecutor and defense
counsel, set the case for continuous trial on a weekly or other short-
term trial calendar at the earliest possible time so as to ensure speedy
trial. In no case shall the entire trial period exceed 180 days from the
first day of trial, except as otherwise authorized by the Supreme
Court (Section 2, Rule 119).

99. Remedy where the accused is not brought to
trial within the time limit
The accused may move for the dismissal of the
information on the ground of the denial of his
right to speedy trial.
The motion of the accused for dismissal should
be made BEFORE TRIAL. His failure to do so shall
constitute a WAIVER OF THE RIGHT to have the
information dismissed.

100. Law on speedy trial
• No provision of law on speedy trial and no rule implementing
the same shall be interpreted as a bar to any charge of denial
of the right to speedy trial guaranteed by Section 14 (2),
Article III, of the 1987 Constitution.

101. ORDER OFTRIAL

102. The trial shall proceed in the following order:
a. The prosecution shall present the evidence to prove the charge and, in the
proper case, the civil liability.
b. The accused may present evidence to prove his defense and damages, if
any, arising from the issuance of a provisional remedy in the case.
c. The prosecution and the defense may, in that order, present rebuttal and
sur rebuttal evidence unless the court, in furtherance of justice, permits
them to present additional evidence bearing upon the main issue.
d. Upon admission of the evidence of the parties, the case be deemed
submitted for decision unless the court directs them to argue orally or to
submit written memoranda.
e. When the accused admits the act or omission charged in the complaint
or information but interposes a lawful defense, the order of trial may be
modified (Section 11, Rule 119).

103. When mistake has been made in charging
the proper offense
• When it becomes manifest at ANY TIME BEFORE
JUDGMENT that a mistake has been made in charging the
proper offense and the accused cannot be convicted or the
offense charged or any other offense necessarily included
therein, the accused shall not be discharged if there
appears good cause to detain him. In such case, the court
shall commit the accused to answer for the proper offense
and dismiss the original case upon the filing of the proper
information (Section 19, Rule 119).

104. JUDGMENT

105. Judgment is defined as the adjudication by the court that
the accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil liability,
if any. It must be written in the official language personally
and directly prepared by the judge and signed by him and
shall contain clearly and distinctly a statement of the facts
and the law upon which it is base. (Section 1, Rule 120).

106. The judgment is promulgated by reading it in the
presence of the accused and any judge of the court in
which it was rendered. However, if the conviction is for a
light offense, the judgment may be pronounced in the
presence of his counsel or representative. When the
judge is absent or outside the province or city, the
judgment may be promulgated by THE CLERK OF
COURT.
PROMULGATION OF JUDGMENT

107. GROUNDS FOR RECONSIDERATION
The court shall grant reconsideration on the ground of errors of
law or fact in the judgment, which requires no further proceedings
(Section 3, Rule 121).
Any party appeal from a judgment of final order unless the
accused will be placed in double jeopardy.
WHERETO APPEAL
1. To the RegionalTrial Court - in cases decided by the
MetropolitanTrial Court, MunicipalTrial Court in Cities, Municipal
trial Court, or Municipal CircuitTrial Court;
2. To the Court of Appeals or Supreme Court in proper cases
provided by law in cases decided by the Regional; and
3.To the Supreme Court - in cases decided by the Court of Appeals.

108. Appeals to the Supreme Court are
never a matter of right. The only
exception is when the penalty of
death, reclusion perpetua, or life
imprisonment has been imposed
either by the RTC or the Court of
Appeals.
Indeed, when the death penalty is
imposed, the case automatically
goes up to the Supreme Court for
review, even if the accused does
not appeal. In any of issues of fact,
aside from issues of law, may be
raised before and decided by the
Supreme Court.

109. Supreme
Court
Is composed of one Chief
Justice and fourteen (14)
Associate Justices.
All of whom are appointed
by the President from list of
recommendees presented
by the Judicial and Bar
Council.

110. 4th Pillar
of PCJS:
Correctio
n

111. The Correction Pillar
Upon conviction of the accused by
the courts, the correctional institution
will take custody of the convict. The
prison authorities will ensure that the
convicted criminals will be attended to
properly through a program of
reformation that will make prisoners
better citizens. It is inside these
correctional institutions that the convicted
criminal is reformed during his/her term of
sentence. Once released, convicts will
then be ready to join the mainstream of
society as law-abiding citizens.

112.  Correction as a process is the reorientation of the
criminal offender to prevent him or her from
repeating his delinquent actions without the
necessity of taking punitive action but rather
introduction of individual measures of
reformation.
What is Correction as a Process ?

113. Prison and Jail

114. Prison and
Jail
PRISON JAIL
It refers to a
facility to a
specific
person
(criminal)
who is being
given a final
judgement
by the court.
It refers to a
facility for
Detainees
who is still
waiting for
final
judgment,
on going
trial and
under
investigation
.

115. Prison and
Jail
PDL (PERSON DEPRIVED
WITH LIBERTY)
DETAINNE
 It refers to a
person who has
given a final
judgment by the
court of law
 It refers to a
person who
is waiting
for a final
judgment by
the court of
law.
 It refers to a
persons
whose case
is still on
going, or on
process.

116. Different correctional institution
in the Philippines
1. PRISONS- under the
supervision of DOJ
2. JAIL- under the supervision of
DILG

117. These Prison Law states that the
head of the Bureau of Prisons is the
Director of Prisons who is also
appointed by the Chief Executive of
the Philippines with the
Confirmation of the Commission of
Appointments.

118. BUREAU OF CORRECTION
(BUCOR)
DEPARTMENT OF JUSTICE (DOJ)

119. The Bureau of Prisons was created under
the Reorganization Act of 1905 as an agency under
the Department of Commerce and Police.
REPUBLIC ACT No. 10575
An act strengthening the bureau of corrections
(BUCOR) and providing funds therefore.
This Act shall be known as "The Bureau of Corrections Act
of 2013″.

120. • The national prisons which house
more serious offenders, already
convicted with a sentence more
than 3 years is maintained by
BUCOR, an agency which is under
the supervision of DOJ.

121. • BUCOR maintains 7 correctional
institution and penal farms.

122. 7 correctional institution and
penal farms under BUCOR
1. New Bilibid Prison ( Muntinlupa City)
2. Correctional Institution for Women or
CIW ( Mandaluyong City)
3. Iwahig Prison and Penal Farm
(Palawan)
4. Sablayan Prison and Penal Farm
(Occidental Mindoro)
5. San Ramon Prison and Penal Farm
(Zamboanga City)
6. Leyte Regional Prison (Leyte)
7. Davao Prison and Penal Farm (Panabo

124. REHABILITATION SERVICES

125. REHABILITATION SERVICES
ITS PURPOSE:
 To change inmates pattern of criminal
behavior and reform them into law abiding
and productive citizens through the
implementation of rehabilitation programs in
jail and prisons.

126. Treatment Program
 the treatment of inmates shall be focused
on the provision services designed to
encourage them to return to the fold of
justice and enhance their self respect dignity
and sense of responsibility.

127. Treatment Program
 Provision for basic needs of inmates

128. Treatment
Program
Medical and
dental services

130. Treatment Program
 Education and skills
training

135. REHABILITATION SERVICES
Treatment Program
 Religious services and guidance counselling
services

140. Treatment Program
 Sports and entertainment
 Work programs such as livelihood projects
 Visitation services
 Mail services

151. 5th Pillar of PCJS: Community

152. THE COMMUNITY PILLAR
After convicts have
passed through the
correctional component they
will brought back to the
community and lives as a law
abiding citizens in their
Barangay’s.

153. Thank You and Good Day
5/15/2022