The Court Pillar Circuit Trial Courts (MCTC) - first level

courts
What is the legal foundation of the
Philippine Court? • exclusive jurisdiction over all violations of the
city or municipal ordinances committed within
• - the judicial power shall be vested in one
their respective territorial jurisdiction; and
Supreme Court and in such lower courts as
may be established by law. (Article VIII, • exclusive original jurisdiction over all offenses
Section 1 of the 1987 Philippine Constitution punishable with imprisonment not exceeding 6
yrs, irrespective of the amount of fine,
What is the scope of Judicial Power ?
regardless of other imposable accessory or
• -settle actual controversies involving rights other penalties , including civil liability arising
which are legally demandable and enforceable; from such offenses or predicated thereon,
irrespective of kind, nature, value or amount
• Determine whether or not there has been a thereof.
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch • Exclusive original jurisdiction of offenses
or instrumentality of the Government involving damage to property through criminal
negligence (reckless imprudence resulting to
The Regular Courts damage to property, etc)
1. Supreme Court (SC) – highest Court The Special Courts
• 1 Chief Justice 1. Court of Tax Appeals (CTA)
• 14 Associate Justices • exclusive appellate jurisdiction to REVIEW by
• Final arbiter of any and all judicial issues APPEAL, the ff:

• When so deciding, may sit en banc or in • A. Decisions of Commissioner of Internal

divisions of 3, 5 or 7 members. Revenue (CIR) in cases involving disputed
assessments, refunds of internal revenue
2. Court of Appeals (CA) – 2nd highest court taxes, fees, other charges, penalties imposed
• - 1 Presiding Justice in relation thereto, or other matters arising
under the National Internal Revenue Code
• - 68 Associate Justices (NIRC) or other law or part of law administered
• vested with jurisdiction over appeals from the by the BIR;
decisions of the RTC and certain quasi-judicial • B. Decisions of the Commissioner of Customs
agencies, boards or commissioners in cases involving liability for customs duties,
3. Regional Trial Courts (RTC) – or second fees or other money charges; seizure,
level courts detention, or release of property affected; fines,
forfeitures or other penalties imposed in
• Exclusive jurisdiction in ALL criminal cases relation thereto; other matters arising under
NOT within the exclusive jurisdiction of any Customs Law or other law or part of law
court, tribunal or body, EXCEPT those falling administered by the Bureau of Customs ;
under the exclusive, and concurrent jurisdiction
of the Sandiganbayan which shall hereafter be • C. Automatic Review cases on decisions by
exclusively taken cognizance of by the latter the Commission of Customs favorable to the
taxpayer and elevated to the Secretary of
4. Metropolitan Trial Court (MeTC); Fiannce; and
Municipal Trial Courts in Cities (MTCC)
Municipal Trial Courts (MTC), Municipal • Decisions of Secretary of Trade and Industry,
in cases of non-agricultural product, commodity
or article; Secretary of Agriculture (agri 2. Laying the venue in the locus criminis is
product, commodity or article) in connection grounded on the necessity and justice of
with the imposition of Anti-Dumping Duty, having an accused on trial in the municipality
Countervailing and Safeguard Duty) or province where witnesses and facilities for
his defense are available.
2. Sandiganbayan. Jurisdiction over criminal
and civil cases involving graft and corrupt Groups of Jurisdiction
practices and such other offenses committed
CRIMINAL JURISDICTION
by public officers and employees, including
those in government owned and controlled Th power and authority to hear cases which are
corporations, in relation to their office as may criminal in nature
be determined by law.
CIVIL JURISDICTION
Shari’a Courts. Shari’a District Courts (SDCs)
and Shari’a Circuit Courts (SCCs) were T power and authority to hear cases which are
civil in nature (not criminal acts.
established to resolve cases involving Muslims.
(1977 PD 1083 aka Code of Muslim Personal CLASSIFICATION OF JURISDICTION
Laws.)
1. General Jurisdiction – refers to the power
Jurisdiction and Venue – Define to adjudicate all controversies, except those
JURISDICTION expressly withheld from the plenary powers of
the court.
-power or authority by a court or tribunal to
hear and determine certain cases. Power of
the courts to hear and determine a controversy 2. Special Jurisdiction – refers to the power
involving rights which are demandable and that restricts the court’s jurisdiction only to a
enforceable. particular cases and subject to such limitations
VENUE as may be provided by the governing law.

-refers to a particular country or geographical 3. Original Jurisdiction – refers to the power

area in which a court with jurisdiction may hear of the court to take judicial cognizance of a
or determine a case. case instituted for judicial action for the first
time under conditions provided by law.
Venue of Action,
Criminal Jurisdiction 4. Appellate Jurisdiction – refers to the
authority of the court higher in rank to re-
Venue is an essential element of jurisdiction in examine, review the final order, judgment, of a
criminal cases. lower court which tried the case now elevated
for judicial review.
Determines not only the PLACE where the
criminal action is to be instituted but also the 5. Exclusive Jurisdiction. It refers to the
COURT that has jurisdiction to try and hear the power to adjudicate a case or proceeding to
case. the exclusion of other courts at that stage.
TWO-FOLD RULE: 6. Concurrent Jurisdiction. It is sometimes
referred to as the coordinate jurisdiction which
1. The jurisdiction of the trial courts is limited to
is the power conferred upon different courts
well-defined territories such that a trial court
whether of the same or different ranks, to take
can only hear and try cases involving crimes
cognizance at the state of the same case in the
committed within its territorial jurisdiction; and
same or different judicial territories.
7. Delegated Jurisdiction. It refers to the 1987 Philippine Constitution, the term “inferior
grant of authority to inferior courts to hear and courts” refer to all courts lower than the
determine cadastral and registration cases Supreme Court.
under certain conditions.
7. COURTS OF RECORD.
8. Territorial Jurisdiction. It refers to the
- those whose proceedings are enrolled and
geographical area within which its power can
which are bound to keep a written record of all
be exercised, such as:
trials and proceedings handled by them. RA
a. MTC – within the municipality or city where it 6031 mandates to all MTC to be a court of
is located as may be defined by the SC (BP record. Thus, courts not of record, no longer
129) exist.
b. RTC – within the region or province where 8. CONSTITUTIONAL COURTS.
the court is located
- those which owe their creation and existence
c. SC and CA – within the Philippine territory to the Constitution and therefore cannot be
(nationwide) legislated out of existence or deprived by law
of the jurisdiction and powers unqualifiedly
Classification of Court According to
vested in them by the Constitution (Ex. SC and
Jurisdiction
Sandiganbayan)
1. COURT of GENERAL JURISDICTION
9. STATUTORY COURTS.
- those competent to decide their own
- those created, organized, and with jurisdiction
jurisdiction and to take cognizance of all kinds
exclusively determined by law , like the CTA.
of cases except those expressly withheld from
the plenary power of the court. Note: General Rule. Jurisdiction, once
acquired, continues until the case is finally
2. COURT of SPECIAL or LIMITED
terminated (*Doctrine of Adherence of
JURISDICTION
Jurisdiction)
- those who have no power to decide their own
What is the Doctrine of Hierarchy of Courts
jurisdiction and only try cases permitted by the
statute. • - parties must observe the hierarchy of courts
before they can seek relief directly from the SC
3. COURT of ORIGINAL JURISDICTION
RATIONALE:
-those which under the law, actions or
proceedings may originally be commenced. • -an imposition of the limited time of the SC
4. COURT of APPELLATE JURISDICTION • - result delay in the adjudication of cases, the
SC is not a trier of facts
-those which have the power to review on
appeal the decisions or orders of a lower court.
5. SUPERIOR COURTS. The Basic Court System in the Philippines
- those which have the power of review and • The Philippine Courts
supervision over another or lower court.
6. INFERIOR COURTS.
- those which, in relation to another court, are
lower in rank and subject to be reviewed and to
be supervised by the latter. As used in the
 • also called Doctrine of Continuity of
Jurisdiction.
Lesson 2: The court as the 3rd Pillar of the
CJS
The roles of the court in the CJS
a. Determines the probable cause for the
issuance of the search warrant and warrant of
arrest
b. Ensures the protection of the rights of the
accused during trial
c. Grants bail to the accused during trial
d. Conducts arraignment and plea
e. conducts pre-trial
f, conducts trial
g. Pronounces new trial or reconsideration
h. considers new trial or reconsideration and:
i. considers appeal
BASIC CONCEPTS
1. Probable cause for the issuance of
Search warrant
Personal examination of the judge
requisites
a. the judge must examine the witness
What is the Doctrine of Adherence of personally
Jurisdiction b. The examination must be under oath
• - the principle that once a court has the examination must be reduced into wtiting in
acquired jurisdiction, that jurisdiction the form of searching questions and answers
continues until the court has done all that it for the issuance of arrest warrant
can do in the exercise of that jurisdiction.
- Manners of the issuance of the warrant of
• - the doctrine holds that even the finality of arrest:
the judgment does not totally deprive the
court of jurisdiction over the case. What the
court loses is the power to amend, modify, 2. Probable cause
or alter the judgment. Even after the
judgment has become final, the court a. within 10 days from filing of the complaint or
retains jurisdiction to enforce and execute information ana the judges shall personally
it. evaluate the resolution and its supporting
evidence
b. Dismiss the case if evidence falls to • Facts or circumstances that would lead
establish probable cause a reasonably discreet and prudent person to
believe that offense has been committed by the
c. dismiss the case if evidence fails to establish
person sought to be arrested,
probable cause or commitment order if the
accused has already been arrested. Note:
d. In case of doubt on the evidence of probable Probable Cause in Filing Information
cause, the judge mat order the prosecutor to Prosecutor
present additional evidence within 5 days and
Determination of PC for the purpose Court
the court has 30 days from the filing of the
(Judge)
complaint information to resolve the issue
of issuing arrest and search warrants
When Warrant of Arrest not Necessary
It is the JUDGE alone who determines
a. When the accused is already in detention;
Probable Cause for the issuance of warrant of
b. When the accused was arrested by virtue of arrest.
a lawful arrest without warrant;
It is NOT for the provincial fiscal or
c. When the penalty is only a fine; prosecutor to ascertain.
d. When covered by the Rules on Summary Determination of PC — Judicial and
Procedure. Executive Function
3 Situations of Finding a Probable Cause Executive Function — if the purpose is
to determine whether there is a reasonable
1. PC in Filing of an Information or
ground to believe that the accused has
Complaint.
committed the offense and should be held for
• It refers to facts and circumstances that trial.
would engender a well-grounded belief that a
• Judicial Function — if the purpose is
crime has been committed and the person to
for the issuance of Warrant of Arrest of Search
be charged is probably guilty thereof.
Warrant
• Done during the conduct of preliminary
Note:
investigation
Since the objectives are different, the judge
2. PC in the Issuance of a Search Warrant.
should rely on the report of the prosecution in
• It refers to the facts and circumstance finding probable cause to justify the issuance
that would lead a reasonable discreet and of warrant of arrest.
prudent man to believe that there has been a
Criminal Processes in Court
crime committed and the things and objects
connected to the crime committed are in the RIGHT OF THE ACCUSED DURING TRIAL—
place to be searched. the all criminal prosecutions. the accused shall
be entitled to the following rights:
3. PC in the Issuance Of a Warrant Of Arrest
1. To be presumed innocent until the contrary
• It refers to the facts and circumstances
is proven beyond reasonable doubt
that would engender a well-grounded belief
that a crime has been committed and the 2, To be informed of the nature and cause of
person to be arrested committed (t; OR the accusation against him
3. To be present and defend in person and
by the counsel at every stage of the
proceedings from arraignment to promulgation
of the judgment. (The accused may however.
waive his presence at trial pursuant to the
stipulation set forth in his bail, unless his
presence is specifically ordered by the court for
purposes of identification. The absence of the
accused without cause at the trio/ of which he
had notice shall be considered a waiver of his
right to be present thereat. When on Accused
under custody escapes, he shall be deemed to
have wowed his fight to present on a/
subsequent trial dotes until custody over him is
regained.
4. To testify as a witness in his own behalf Grounds for Motion to Quash
but subject to cross-examination on matters a. That the facts charged do not constitute an
covered by direct examination. His silence offense;
shall not in a way prejudice him, b. That the court trying the case has no
jurisdiction over the offense charged;
5. To be exempt from being compelled to
be a witness against himself, c. That the court t0'ing the case has no
jurisdiction over the person accused;
6. TO confront and cross-examine the d. That the officer who filed the information tad
witnesses against him at the trial. Either party no authority to do so;
may utilize as part Of its evidence the e. That it does not conform substantially to the
testimony of a witness who is deceased, out of prescribed form;
or cannot be With due diligence be found in the f. That more than one offense is charged except
Philippines. unavailable or otherwise unable to when a single punishment for various offenses
testify, given in another case proceeding, is prescribed by the law;
judicial or administrative, involving the same g. That the criminal action or liability has been
parties and subject matter, the adverse party extinguished;
having the opportunity to cross-examine him. h. That it contains averments which, if true,
7. To have compulsory express issued to would constitute a legal excuse or justification;
and
secure the attendance of witnesses and
I. That the accused has been previously
production of other
convicted or acquitted of the offense charged, or
8. to have speedy impartial and public trial the case against him was dismissed or
otherwise terminated without his express
9. to appeal in all cases allowed and in the consent.
manner prescribed by law.
Arraignment and Double Jeopardy
Double jeopardy exists when an accused has
been convicted or acquitted, or the case against
him is 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.
After the accused had pleaded to the charge, these issues in accordance with the law of the
the conviction or acquittal of the accused or the land.
dismissal of the case shall be a bar to another It is the determination of an accused person's
prosecution for the offense charged, or for any guilt or innocence afterHearing evidence for the
attempt to commit the same or frustration prosecution and for the accused and the judicial
thereof, or for any offense which necessarily examination of the issues involved.(31 1
includes or is necessarily included-in the Public Attorney's Duties where the Accused is
offense charged in the former complaint or imprisoned
information.t26) If the public attorney assigned to defend a
In short, double jeopardy refers to the rule that person charged with a crime knows that the
a person should not be tried twice for the same latter is preventively detained, either because
crime.[271 he is charged with a bailable crime but has no
means to post bail, or, is charged with a non-
bailable crime, or, is serving a term of
5. Pre-Trial. Pre-trial refers to a proceeding
imprisonment in any penal institution, it shall be
held by a judge, arbitrator, etc., before a trial to
his duty to do the following:
clarify issues of law and fact and stipulate
certain matters between the parties.(28]
It also refers to a conference held before the A. Shall promptly undertake to obtain the
trial begins to bring the presence of the prisoner for trial
or cause a notice to be served on the person
parties together to outline discovery
having custody of the prisoner requiring such
proceedings and to define the issues to be
person to advise the prisoner of his right and
tried.[29J
demand trial.
Pre-trial is mandatory in criminal cases; in all B. Upon receipt of that notice, the custodian of
criminal cases cognizable by the the prisoner shall promptly advise the prisoner
Sandiganbayan, Regional Trial Court, of the charge and of his right to demand trial. If
Metropolitan Trial Court, Municipal Trial Court in at any time thereafter, the prisoner informs his
Cities, Municipal Trial Court and Municipal custodian that he demands such trial, the latter
Circuit Trial Court, the court shall, after shall cause notice to that effect to be sent
arraignment and within thirty (30) days from the promptly to the public attorney.
date the court acquired jurisdiction over the C. Upon receipt of such notice, the public
person of the accused, unless a shorter period attorney shall promptly seek to obtain the
is provided for in special laws or circulars of the presence of the prisoner for trial.
Supreme Court, order a pre-trial conference to D. When the custodian of the prisoner receives
consider the following: from the public attorney a properly supported
a. plea bargaining; request for the availability of the prisoner for
b. stipulation of facts; purpose of trial, the prisoner shall be made
C. marking for identification of evidence available accordingly.
of the parties;
d. waiver of objections to admissibility Of
evidence; Remedy where Accused is not brought to
e. modification of the order of trial if the Trial within the Time Limit
accused admits the charge but interposes a If the accused is not brought to trial within the
lawful defense; and time limit required, the information may be
f. such-matters as will promote a fair and dismissed on motion of the accused on the
expeditious trial-of the criminal. and civil aspects ground of denial of his right to speedy trial. The
of the case.[301 accused shall have the burden of proving the
6. Trial. Trial refers to the judicial examination motion but the prosecution shall have the
of the issues in a civil or criminal caused by a burden of going forward with the evidence to
competent tribunal and the determination of establish the exclusion of time. The dismissal
shall be subject to the rules on double jeopardy.
Failure•of the accused to move for dismissal
prior to trial shall constitute a waiver of the right prosecutor or any accused, orders separate trial
to dismiss under this section. for one or more accused.
Order of Trial
The trial shall proceed in the following order:
a. The prosecution shall present evidence to Discharge of Accused to be State Witness
prove the charge and, in the proper case, the When two or more persons are jointly charged
civil liability. with the commission of any offense, upon
g. The accused may present evidence to prove motion of the prosecution before resting its
his defense and damages: if any, arising, from case, the court may direct one or more of the
the issuance of a provisional remedy in the accused to be discharged with their consent so
case. that they may be witnesses for the s!ate when,
after requiring the prosecution to present
c. The prosecution and the defense may, in that evidence and the sworn statement of each
order, present rebuttal and sur-rebuttal proposed state witness at a hearing in support
evidence unless the court, in furtherance of of the discharge, the court is satisfied
justice, permits them to present additional
evidence bearing upon the main issue.
d. Upon admission of evidence of the parties, There is absolute necessity for the testimony If
the case shall be deemed submitted for decision the accused whose discharge is requested;
unless the court directs them to argue orally or
to submit written memoranda. There is no other direct evidence available for
e. When the accused admits the act or omission the proper prosecution of the offense
charged in the complaint or information but committed, except the testimony of said
interposes a lawful defense, the order of trial accused;
may be modified'. e. The testimony of said accused can be
substantially corroborated in its material points;
Application for Examination of Witness for d. Said accused does not appear to be the most
Accused before Trial guilty; and
When the accused has been held to answer for e. Said accused has not at any time been
an offense, he may, upon motion with notice to convicted of any offense involving moral
the other parties, have witnesses conditionally turpitude.
examined in his behalf. The motion shall stat&. •
 the name and residence of the witness; Evidence adduced in support of the discharge
 the substance of his testimony, and shall automatically form part of the trial. If the
 that the witness is sick or infirm as to court denies the motion for_ discharge Of the
afford reasonable ground for believing accused as state witness, his sworn statement
that he will not be able to attend the trial, shall be inadmissible in evidence.
or resides more than one hundred (100)
kilometers from the place of trial and has Discharge of Accused Operates as Acquittal
no means to attend the same, or that The order indicated in the preceding section
other similar circumstances exist that shall amount to an acquittal of the discharged
would make him unavailable or prevent accused and shall be a bar to future prosecution
him from attending the The motion shall for the same offense, unless the accused fails
be supported by an affidavit of the or refuses to testify against his co-accused in
accused and such other evidence as the accordance with his sworn statement
court may require. constituting the basis for his discharge.

Trial of Several Accused When Mistake has been made in Charging

When two or more accused are jointly charged the Proper Offense
with an offense, they shall be tried jointly unless
the court, in its discretion and upon motion of the
When it manifests at any time before the CONTENTS OF THE JUDGEMENT
judgment that a mistake has been made in
charging the proper offense and the accused  The legal qualification of the offense
cannot be convicted of the offense charged or constituted by the acts committed by the
any other offense necessarily included therein, accused and the aggravating or
the accused shall not be discharged if there mitigating circumstances which attended
appears good cause to detain him. In such case, its commission;
the court shall commit the accused to answer for
the proper offense and dismiss the original case
upon the filing of the proper information. [32)  The participation of the. accused in the
offense, whether as principal,
accomplice, or accessory after the fact;
What is Demurrer to Evidence? Demurrer to
the evidence is an objection by one of the  The penalty imposed upon the accused;
parties in an action, to the effect that the and
evidence which his adversary produced is
insufficient in the point of law, whether true or  The civil liability or damages caused by
not, to make out a case or sustain the issue.(33] his wrongful act or omission to be
recovered from the accused by the
After the prosecution rests its case, the court offended party, if there is any, unless the
may dismiss the action on the ground of enforcement of the civil liability by a
insufficiency of evidence (l) on its own initiative separate civil action has been reserved
after giving the prosecution the opportunity to be or waived.
heard or (2) upon 321 demurrer to evidence filed In case the judgment is of acquittal, it shall
by the accused with or without leave of court.( state whether the evidence of the prosecution
absolutely failed to prove the guilt of the
What is the Law of the Case Doctrine? The accused or merely failed to prove his guilt
principle states that, if the highest appellate beyond reasonable doubt. In either case, the
court has determined a legal question and judgment shall determine if the act or omission
returned the case to the court below for from which the civil liability might arise did not
additional proceedings, the question will not be exist.
determined differently on a subsequent appeal
in the same case where the facts remain the Promulgation of Judgment
same. The judgment is promulgated by reading it in the
The law of the case expresses the rule that presence of the accused and in any judge of the
the final judgment of the highest court is the court in which it was rendered. However, if the
final determination of the rights of the conviction is for a light offense, the judgment
parties.(341 may be pronounced in the presence of his
counsel or representative. When the judge is
absent or outside the province or city, the
7. Judgment. Judgment is defined as the judgment may be promulgated by the clerk of
adjudication by the court that the accused is court.
guilty or not guilty of the offense charged and
the imposition on him of take proper penalty and If the accused is confined or detained in
civil liability, if any. Judgment must be: another province or city, the judgment may be
 written in the official language promulgated by the executive judge of the
 personally and directly prepared by the Regional Trial Court having jurisdiction over the
judge and signed by him; and place of confinement or detention upon request
 Clearly and directly contained of a of the court which rendered the judgment. The
statement of the facts and the law upon court promulgating the judgment shall have
which it is based. authority to accept the notice of appeal and to
approve the bail bond pending appeal; provided, no longer be modified in any respect, even if the
that if the decision of the trial court convicting modification is meant to correct erroneous
the accused changed the nature of the offense conclusions of fact and law, and whether it be
from non-bailable to bailable, the application for made by the court that rendered it or by the
bail can only be filed and resolved by the highest court of the land. The only exceptions to
appellate court. the general rule on finality of judgments are the
The proper clerk of court shall give notice to the so-called nunc pro tunc entries which cause no
accused personally or through his bondsman or prejudice to any party, void judgments, and
warden and counsel, requiring him to be present whenever circumstances transpire after the
at the promulgation of the decision. If the finality of the decision which render its execution
accused was tried in absent because he jumped unjust and inequitable.(361
bail or escaped from prison, the notice to him
shall be served aj his last known address. What is a Verdict? A Verdict is popularly known
Promulgation even the Accused Fails to as the outcome in a criminal case, particularly
Appear the point at which the defendant is either found
In case the accused fails to attend the guilty or not guilty of the crime. A verdict of guilty
scheduled date of promulgation of judgment in a criminal case is generally followed by a
despite notice, the promulgation shall be made. judgment of conviction rendered by the judge,
by recording the judgment in the criminal docket which in turn, be followed by sentencing.
and serving him a copy thereof at his last known
address or thru his counsel.
If the judgment is for conviction and the failure 8. New Trial or Reconsideration. New Trial
of the accused to appear was without justifiable refers to a repeat inquiry by the same court into
cause, he shall lose the remedies available in all or some of the issues in an action for the
these rules against the judgment and the court purpose of correcting a problem (as the
shall order his arrest. Within fifteen (15) days improper admission of evidence) in the prior
from promulgation of judgment, however, the trial, determining the merits of a challenge (as
accused may surrender and file a motion for that the verdict is contrary to
leave of court to avail of these remedies. He
shall state the reasons for his absence at the law) to the prior outcome, or considering newly
scheduled promulgation and if he proves that discovered evidence.[37J Retrial of a case
his absence was for a justifiable cause, he shall ordered by a higher (appellate) court on the
be allowed to avail of said remedies within grounds of:
fifteen (15) days from notice.  judicial misconduct or misdirection of
jury,
Modification of Judgment  procedural defect, or
A judgment of conviction may, upon motion of  availability of fresh evidence.[38)
the accused, be modified or set aside before it
becomes final or before the appeal is perfected. Reconsideration means to consider again,
Except where the death penalty is imposed, a especially with intent to alter or modify a
judgment becomes final after the lapse of the previous decision.[391
period for perfecting an appeal, or when the
sentence has been partially or totally satisfied or
served, or when the accused has waived in When Motion for New Trial or
writing his right to appeal, or has applied for Reconsideration be made? At any time before
probation.(351 a judgment of conviction becomes final, the
court may, on motion of the accused or at its
What is the Doctrine of Immutability of own instance but with the consent of the
Judgment? It is a fundamental legal principle accused, grant a new trial or reconsideration.
that a decision that has acquired finality
becomes immutable and unalterable, and may Grounds for a New Trial
  That errors of law or irregularities unless the accused will be placed in double
prejudicial to the substantial rights of the jeopardy.
accused have been committed during the
trial; Where to Appeal? The appeal may be taken
 That new and material evidence has as follows:
been discovered which the accused  To the RTC, in cases decided by the
could not, with reasonable diligence, MeTC, UCC, MTC, or MCTC•,
have discovered and produced at the trial  To the Court of Appeals or to the
and which, if introduced and admitted, Supreme Court in the proper cases.
would probably change the judgment. provided by law, in cases decided by the
Regional Trial Court; and
Ground for Reconsideration  To the Supreme Court, in cases decided
The court shall grant reconsideration on the by the Court of Appeals.
ground of errors of law or fact in the judgment,
which requires no further proceedings.
Effect of Appeal by any of Several Accused
Effects of Granting a New Trial or  An appeal taken by ode or more of
Reconsideration several accused shall not affect those
who did not appeal, except insofar as the
 When a new trial is granted on the
judgment of the appellate court is
ground of errors of law or irregularities
favorable and applicable to the latter.
committed during the trial, all the
proceedings and evidence affected  The appeal of the offended party from the
thereby shall be set aside and taken civil aspect shall not affect the criminal
anew. The court may, in the interest of aspect of the judgment or order appealed
justice, allow the introduction of from.
additional evidence.  Upon perfection of the appeal, the
 When a new trial is granted on the execution of the judgment or final order
ground of newly-discovered evidence, appealed from shall be stayed as to the
the evidence already adduced shall appealing party.
stand and the newly-discovered and
such other evidence as the court may, in Appointment of Counsel De Officio for
the interest of justice, allow to be Accused on Appeal
introduced shall be taken and considered It shall be the duty of the clerk of the trial court,
together with the evidence already in the upon' filing of a notice of appeal to ascertain
record. from the appellant, if confined in prison, whether
 In all cases, when the court grants new he desires the Regional Trial Court, Court of
trial or reconsideration, the original Appeals or the Supreme Court to appoint a
judgment shall be set aside or vacated counsel de officio to defend him and to transmit
and a new judgment rendered with the record on a form to be prepared by the
accordingly.[40] clerk of court of the appellate court, a certificate
9. Appeal. Appeal refers to act of asking a of compliance with this duty and of the response
higher court to reverse the decision of a trial of the appellate to his inquiry.[43)
court after final judgment or other legal ruling.[41
] It is the process in which cases are reviewed,
where parties request a formal change to an Note: The issuance of search warrant and
official decision. Appeals function both as a warrant of arrest, protection of the rights of the
process for error correction as well as a process accused during trial, bail, arraignment and plea,
of clarifying and interpreting law.[42] pre-trial, trial, judgment, new trial oh
Who may Appeal? Any party may reconsideration, and appeal are topics to be
appeal from a judgment or final order, discussed completely in the subject Criminal
Procedure and Court Testimony under the area Correction, corrections, and correctional,
of Criminal Law and Jurisprudence. are umbrella terms describing a variety of
functions typically carried out by government
agencies, and involving the punishment,
What is Miscarriage of Justice (Failure of treatment, and supervision of persons who
Justice)? A miscarriage of justice, also known have been convicted of crimes.t21 These
as a failure of justice, is when an actually functions commonly include imprisonment,
innocent person is found guilty. It is a grossly parole, and probation.[31
unfair outcome in a judicial proceeding, as when A typical correctional institution is a prison. A
a defendant is convicted despite a lack of correctional system, also known as a penal
evidence on an essential element of the system, thus, refers to a network of agencies
crime.[401 that administer a jurisdiction's prisons and
Miscarriage of justice is sometimes used to community-based programs like parole and
describe any wrongful conviction, even when probation boards.[41
the defendant may be guilty, for example in Corrections is also the name of a field of
reference to a conviction teached as the result academic study concerned with the theories,
of an unfair or disputed trial. (441 policies, and programs pertaining to the practice
of corrections. Its object of study includes
personnel training and management as well as
What is the Hidden Accident Principle in the experiences of those on the other side of the
Criminal Justice? It refer to the inability to fence — the unwilling subjects of the
detect wrongful conviction. The criminal justice correctional process.[21 Corrections is also
system is characterized by accidents (false called penology, which means the study of
convictions) that typically remain undetected. punishment for crime.[5)
The inability to detect these accidents translates What is Penology? Penology (from penal,
into optimism on the part of policymakers that poena, punishment and the Greek suffix - logia,
false convictions only occur at a negligible rate. study of) is a sub-component of criminology that
(451 deals with the philosophy and of various
THE CORRECTION PILLAR societies in their attempts to repress criminal
activities, and satisfy public opinion via an
This chapter presented the role of the correction appropriate treatment regime for persons
as the 4th pillar of the • Philippine Criminal justice convicted of criminal offences.
System. However, it only provided the common
functions of the Correction to criminal offenders The Oxford English Dictionary defines penology
who have gone through the police, prosecution, as "the study the punishment of crime and
and court pillars discussed in chapters Il, Ill, and prison management%" and in this sense, it is
IV. It did not include history as well as• specific equivalent to correction
and in-depth details considering that those
Foundations of Penology (Punishment and
topics are part of Non-Institutional and
Rehabilitation)
Institutional Correction subjects.
1. Classical Theory (Cesare Beccaria &
Lesson 1. Introduction to Correction Jeremy Bentham). Beccaria believed that

What is Correction? Correction refers to the  torture and capital punishment should be
treatment of offenders through a system of eliminated;
penal incarceration, rehabilitation, parole, and  punishments should be prescribed and
probation, or the administrative system by which fixed in advance;
these are effectuated.[ll  law should be drafted and codified with
clear and unambiguous language in
 order to prevent the subjective morality that might deform the classical point of
interpretation of the judges; hedonism.[15]
 penalties and sentences should be Like Beccaria in Italy, Bentham adopted the
deterrent rather than retributive; and principle of gradation of punishment as
 secret accusations violate the right of the a_reformative measure, in sense penalty must
defense and! they must be condemned exceed the possible advantages gained from
and eliminated.[9'10J the criminal activity, and it was also similar to
Beccaria espoused that the public-trial principle Montesquieu perspective The punishment itself
to reduce the maltreatments of under trials, in the thought of Bentham reflects both deterrent
applying less harsh- penalties merely that are and reformative interests; therefore punishment
essential for purposes of deterrence, elimination can be imposed to achieve one of these
of capital punishment, effectiveness of indirect interests. In the context of Bentham's
preventive measures to reduce the crime rates, reformative efforts, he demanded the
such as illumination and stationing of guards. introduction of both the procedural and
Finally, he advocated that severe, certain, and substantive reformations to criminal justice
swift justice system would be more effective to system and recognized the power of state in
prevent crimes.(10] punishing and rewarding, as a necessary step
Bentham believed that every individual is for the elimination of brutal practices of justice
responsible for his actions;[111 and punishment and promotion of morality and the happiness of
must be proportional to the interest violated by the society.[ 17'181 In fine, Bentham believed in
the crime. He believed that punishment can be hedonism, rational behavior, hedonistic
justified only because of its usefulness in calculus, free will, panoptic on, and he
preventing re-offending.(12J emphasized that laws should maximize
One of the major principles of' Bentham pleasure and minimize pain, as the pain of
approach was the justification of punishment punishment must always outweigh pleasures of
upon its effectiveness of deterrence which an offence. He estimated pleasure and pain
makes crime more costly by increasing as the through various factors, including severity,
same was claimed earlier by Plato. According to duration, certainty, and propinquity.
Bentham, human-beings .could be deterred
from criminal activity thru properly designed 2. Neoclassical Theory. Neoclassical theory
punishments, as there are three elements of admitted the principle of mitigating conditions,
deterrence: by which the offences are committed under
A. severity, some circumstances including self-defense,
B. celerity, and duress, or under the negation of actus reus
C. certainty. and mens rea elements of criminal
responsibility. The actus reus is well known as
For this reason, Bentham and Beccaria's the criminal conduct explicitly, criminal
perspective on the explanation of crimes is intention, or negligence or inaction that
described as deterrence approach, and form causes injury, -thus, there is no crime without
with work the foundation for most contemporary the existence of actus reus, and a physical
legal justice systems. In fact, the central debate element or guilty acts that are required to be
of Jeremy Bentham's theory was that the human proved, while the mens rea means the quality
activities are subjected to the choice of human state of mind or criminal intent, which is known
beings, as rational actors, and rational as the mental aspect of an offence.[ 191
calculations or hedonistic calculus to the The neoclassical school of penology made
pleasure and pain as the result of committing significant contributions to the issue of
offense.( 141. In contrary to the classi&aJ assessment of penalty, as it laid down the
approach of Bentham and Beccaria, the modern equation for quantum of punishment in
rational choice theorists claimed other factors accordance to the degree of responsibility for
such as fear, inaccurate information, and the committed offence. Little children and
minors, insane, and imbeciles could, for
example, be benefited from the exceptions of those not born criminals, and was against
applying principles of "free will', as their crimes capital punishment.(221
are committed under extenuating
19 Ferri emphasized that each criminal would
circumstances.[ 1 The neoclassical school of
receive different types of treatments on
criminology admits variations in criminal
individual basis because the penalty itself aims
conditions and assumes that some persons,
to satisfy psychological and
such as minors, insanes, and the intellectually
imbeciles, cannot reason. Thus, this category of sociological needs, and therefore, the purpose
people must be specially treated and the of punishment is the criminal, not the crime. For
criminal justice system must look after its needs this reason, he believed in the efficacy of
by deciding appropriate sentences.[201 penal sanctions rather than force,- simply
because penalty should combat physical, social,
In fine, the contributions of neoclassical
and psychological factors of crime". Ferri
perspective to criminology and penal sciences
advocated that the penal sanction should strike
can be summarized as the Socus on the penal
the roots of human criminality, and should
law and adoption of a legal definition of crime,
emphasize social welfare and social defense
punishment should fit the crime rather than the
because the ultimate goal Of criminal justice is
criminal, adoption of the free will doctrine based
1. Classical
a. Freedom from cruel And unusual punishment;
b. P prohibition of ex postfacto laws;
c. Punishment for deterrence; and
d. Sentences are determinate (fixed length).
2. Neoclassical
a. Punishment should fit the crime rather than the criminal;
b. Adoption of the free will doctrine based on an assumption of
similarity of criminals with other people, and concerning about the uniformity
of laws and punishments without explaining the criminal behavior; and
c. Mitigation or exemption from punishments.

3. Positivist a. Treatment and reform;

b. Humane treatment of criminals; and
[Link] are indeterminate (variable length until cured).

on an assumption of similarity of •criminals with to protect the society against criminals. On this
other people, and concerhing about the context, he necessitated the application of
uniformity of laws and punishments. without "penal colonies, indeterminate sentence,
explaining the criminal behavior.[211 hospitals, scientifically tgained judges and the
abolition of juries and individualized treatment
by limiting it to the five classes of
3. Positive Theory (Cesare Lombroso, According to Garofalo the natural criminal is a
Enrico _ Ferri, and Raffaele person who misses the essential altruistic sense
of sympathy and honesty. He supposed that the
Garofalo. Lombroso was also an advocate for natural offender is a distinguished psychic or
the humane treatment of biological kind and that the altruistic defects
criminals. He argued for the removal of born were natural or hereditary. At rest, Garofalo
criminals from the society for their own and recognized that specific types of criminal
society's protection, for the rehabilitation for conduct might be heartened by communal and
environmental conditions.[241
 Chapter V. The Correctional Pillar
In general, the Positive School refused the
principle of nulla poena sine lege or no Three Correctional Departments
punishment without a law. In contrary to
classical approach, the positive approach
1. Department of Justice (DOJ). The DOJ
advocated that" t b. Humane treatment of
housed the Bureau of Corrections (BUCOR),
criminals; and
Parole and Probation Administration (PPA),
must fit the criminal rather than the crime, as and the Board of Pardons and Parole (BPP).
the treatment of criminals must be
individualized and the society to be protected
from those criminals.[231 2. Department of Interior and Local
Table 2. Summary: Theories on Punishment Government (DILG). The DILG supervises the
and Rehabilitation Bureau of Jail Management and Penology
(BJMP) which runs the city, municipal, and
Theoretical Purpose of Sentencing district jails; and the provincial jails through their
Foundations respective provincial governments.
b. Humane treatment of criminals; and
c. Sentences are indeterminate (variable 3. Department of Social Welfare and
length until cu Development (DSWD). The DSWD has
Juvenile and Justice Welfare Council which
Two Forms of Correction oversees the rehabilitation of young offenders
The correctional system in the Philippines is though the Bureau of Child and Youth
responsible for reforming and rehabilitating Welfare[271 — established in the regional level
offenders through institutional corrections within (Regional Rehabilitation Center for the Youth —
correctional facilities or non-institutional RRCY). The RRCY is a twenty-four-hour
corrections in the community. residential center for the rehabilitation of youth
offenders aged below 18 years of age whose
sentences has been suspended. It is a facility
[Link]-Based Correction. It refers to a designed to provide intensive care treatment in
form of correction that is conducted or a residential setting for the rehabilitation of
administered to prisoners or inmates while Children In Conflict with the Law whose
serving their sentence inside the prison or jail sentence has been suspended. It also serves as
facilities. a nurturing out-of-home placement for children
Correctional institutions refer to facilities used to who are in need of rehabilitation.[28J
detain the persons who are in the lawful custody
of the government (either accused persons
awaiting trial or convicted persons serving a Categories of Inmates
sentence). It is an institution where the persons
are confined for punishment and for the A. Prisoner. It refers to inmate who is convicted
protection of the public.[251 by final judgment by a criminal court.

2. Non-Institution-Based Correction. It is also B. Detainee. It refers to inmate who is

known as Community Based Correction. It is a undergoing investigation/trial or awaiting final
form of punishment (correction) that keeps the judgment.[29J
offender in the community and out of prison.
Often used synonymously with Intermediate
Classification of Prisoners
Sanctions.[26J Non-institutional methods for
treating offenders include probation (minor and
adult), suspended sentence, and parole or A. Insular Prisoner. One who is sentenced to a
conditional pardon. prison term of three (3) years and one (l) day
to reclusion perpetua or life imprisonment.
The prisoner is under the supervision and their basic needs, completely incapacitated from
control of the Bureau of Correction. further committing criminal acts, and have been
totally cut off from their criminal networks (or
contacts in the free society) while serving
B. Provincial Prisoner. One who is sentenced sentence inside the premises of the national
to a prison term of six (6) months and one (1) penitentiary. This act also includes protection
day to three (3) years. The prisoner is under against illegal organized armed groups which
the supervision and Control of the Bureau of have the capacity of launching an attack on any
Bureau of Jail Management Penology. prison camp of the national penitentiary to
rescue their convicted comrade or to forcibly
C. City Prisoner. One who is sentenced to a amass firearms issued to prison guards. The
prison term of one (l) day to three (3) years. safekeeping of national inmates shall include
The prisoner is under the supervision and decent provision of quarters, food, water, and
control of the Bureau of Jail Management clothing in compliance with the established
United Nations standards. The security of the
Penology.
inmates shall be undertaken by the Custodial
Force consisting of Corrections Officers with a
D. Municipal Prisoner. One who is sentenced ranking system and salary grades similar to its
to a prison term of one (l) day to six (6) months. counterpart in the BJMP.(301
The prisoner is under the supervision and
control of the Bureau of Bureau of Jail
Management Penology.(291 What is Reformation? Reformation refers to
the rehabilitation component of the BUCOR's
present corrections system which ensures the
Jail as a Safekeeping Facility Safekeeping public (including families of inmates and their
refers to the temporary custody of a person for victims) that the released national inmates are
his/her own protection from the community no longer harmful to the community by
where he or she comes from, and for the becoming reformed individuals prepared to live
community wher.e he or she comes from.(291 a normal and productive life upon reintegration
Usually, those detainees are confined in jails for to the mainstream society. The reformation of
purposes of safekeeping. the national inmates includes the following:

Three classification of Detainees a. Moral and Spiritual Program;

a. those undergoing investigation b. Education and Training Program;
b. those awaiting or undergoing trial; and c. Work and Livelihood Program;
c. those awaiting final judgment.t291 d. Sports and Recreation Program;
e. Health and Welfare Program; and
f. Behavior Modification Program, to include
Lesson 2. The Correction Pillar and its Therapeutic Communily.t301
Relationship to CJS
The reformation programs shall be undertaken
A. The Bureau of Corrections by the Professional Reformation Personnel
The BUCOR, upon receiving a convict, consisting of Corrections Technical Officers with
undertakes to perform two mandates: ranking system and salary grades similar to
safekeeping and reformation of prisoners. Corrections Officers.
a. Corrections . Technical Officers are
What is Safekeeping? Safekeeping refers to personnel employed in the implementation of
the custodial component of the BUCOR's reformation programs and those personnel
present corrections system which ensures the whbse nature of work requires proximate or
public (including families of inmates and their direct contact with inmates.
victims) that national inmates are provided with
b. Corrections Technical Officers include prisoners opposed to the Spanish rule. When
priests, evangelists, pastors, teachers, the Americans took over in the 1900s, the
instructors, professors, vocational placement Bureau of Prisons was created through the
officers, librarians, guidance counselors, Reorganization Act of 1905 (Act No. 1407
physicians, nurses, . medical technologists, dated November l, 1905) as an agency under
pharmacists, dentists, therapists, psychologists, the Department of Commerce and Police. It
psychiatrists, sociologists, social workers, also paved the way for the re-establishment of
engineers, electricians, agriculturists, San Ramon Prison in which was destroyed in
veterinarians, lawyers and similar professional 1898 during the Spanish-American War. It was
skills relevant to the implementation of inmate placed under the auspices of the Bureau of
reformation programs.[301 Prisons and started receiving prisoners from
Mindanao.
To carry out its mandate, the Bureau undertakes
the following:
2. Iwahig Prison and Penal Farm. The prison
a. Confine persons convicted by the courts
was created by the Americans in 1904, in
to serve a sentence in the national prisons.
Puerto Princesa City, Palawan. It was located
b. Keep prisoners from committing crimes in the westernmost part of the archipelago far
while in custody. from the main town to confine incorrigible with
c. Provide humane treatment by supplying little hope of rehabilitation.
the inmates' basic needs and implementing a
variety of rehabilitation programs designed to
change their pattern of criminal or anti-social 3. Correctional Institution for Women. The
behavior. prison was created on November 27, 1929 in
Mandaluyong City through Act No. 3579. It is the
d. Engage in agro-industrial projects for the only prison facility for women in the country.
purpose of developing prison lands and
resources into productive bases or profit 4. Davao Prison and Penal Farm. The prison
centers, developing and employing inmate was opened on January 21, 1932 in Panabo
manpower skills and labor, providing prisoners City, Davao Del Norte through Act No. 3732.
with a source of income, and augmenting the
Bureau's yearly appropriations.[31]
5. New Bilibid Prison. Owing to the increasing
number of committals to the
Seven Operating Correctional Institutions Old Bilibid Prison in Manila, the New Bilibid
Corrections in the Philippines started during pre- Prison was established in 1935 in the southern
colonial times when the task was community- suburb of Muntinlupa, Rizal.
based. It was only during the Spanish regime
that an organized corrective service was made 6. Sablayan Prison and Penal Farm. The
operational. The main penitentiary was the Old prison and penal farm was opened through
Bilibid Prison (Now Manila City Jail) in Oroquieta Proclamation No. 72, issued on September 26,
Street in Manila, which was established in 1847. 1954, in Occidental Mindoro.
It was formally opened on April 10, 1866 by a
Royal Decree. However, the following are the
seven legally recognized correctional 7. Leyte Regional Prison. The prison was
institutions in the country: created by Proclamation No. 1101, issued on
January 16, 1973 in Abuyog, Southern Leyte.

1. San Ramon Prison and penal Farm. The Note: The Bureau ofPrisons was renamed as
prison was established on Bureau of Corrections under the New
August 21, 1870 in Zamboanga to confine Administrative Code of 1987 and Proclamation
Muslim rebels and recalcitrant. The political No. 495 issued on November 22, 1989. It is one
ofthe attached agencies under the Department lawabiding citizen after serving his/her
ofJustice.[32.33] sentence.[291
Relative thereto, Republic Act No. 10575
(Bureau of Corrections Act of 2013) was
What is Safekeeping? Safekeeping based on
signed into law on May 24, 2013. The Act sought
the view of BJMP refers to the temporary
to strengthen the Bureau of Corrections and
custody of a person for his/her own protection
providing funds therefor.
from the community where he or she comes
B. Bureau of Jail Management and Penology.
from, and for the community where he or she
The BJMP, through Republic Act 6975 has the
comes from.[29J
following powers and functions:
The Jail Bureau shall exercise supervision
and control over all city and municipal. The Functions of the BJMP
provincial jails shall be supervised and
a. to enhance and upgrade organizational
controlled by the provincial government within
capability on a regular basis; thus, making all
its jurisdiction, whose expenses shall be
BJMP personnel updated on all advancements
Subsidized by the National Government for not in law enforcement eventually resulting to
more than three (3) years after the effectivity greater crime solution efficiency and decreased
ofthis Act. [34} inmate population;
b. to implement strong security measures for the
Similarly, based on the BJMP Comprehensive control of inmates;
Operations Manual Revised of 2015, the BJMP
c. to provide the basic needs of inmates;
has the following powers:
The BJMP exercises supervision and control d. to conduct activities for the rehabilitation and
over all districts, cities and municipal jails. As development of the inmates; and
such, it shall ensure the establishment of
[Link] improve jail facilities and conditions.[29]
secure, clean, adequately equipped sanitary
facilities, and shall ensure the provision of
quality services for the custody, safekeeping, C. Regional Rehabilitaiion Center for the
rehabilitation, and development of district,- city, Youth
and municipal inmates, any fugitive from justice, RRCY is a twenty-four-hour residential center
or person detained awaitötg or undergoing for the rehabilitation of youth offenders aged
investigation or trial and/or transfer to the below 18 years of age whose sentences has
National Penitentiary, and/or violent mentally ill been suspended. It is a facility designed to
person who endangers him/herselfor the safety provide intensive care treatment in a residential
of others as certified by the proper medical or setting for the rehabilitation of a CICL whose
health officer, pending transfer to a mental sentence has been suspended. It also serves as
institution.[291 a nurturing out-of-home placement for children
who are in need of rehabilitation.
Note: As to this date of writing (there are eleven
What is Reformation? Reformation based on (Il) operational youth rehabilitation centers in the
the concept of BJMP means amending or country which are located in the following
improving by changing inmate's behavior or regions: NCR, 1, 111, VI, Vll, WII, IX, X, M and
removing his or her faults or abuse and CARAGA.
removing or correcting an abuse a wrong or
error. [29] Cagayan valley RRCY
As mentioned above, there are Il RRCY; hence,
What is Rehabilitation? Rehabilitation based this textbook presents a sample programs and
on the concept of BJMP means a program of activities of RRCY in Cagayan Valley.
activity directed to restore an inmate's self-
respect and sense of responsibility to the General Objective
community, thereby making him/her a
It seeks to enhance the traditional residential in some instances, a psychiatrist.
care facilities and techniques in the Services/lnterventions. It provides
rehabilitation of vulnerable youth and children in competency and skills development, vocational
conflict with the law (CICL). training livelihood and productivity program,
social and recreational program, spiritual
Specific Objectives enhancement program and other training to
It aims to economically and socially integrate the expand community development.
beneficiaries into a mainstreamed livelihood, General Policies
psycho-social and environmental development
process by specifically achieving the following
results: Admission Policies
a. Developed an Agro-Forestry Farm Park that Admission to the RRCY is limited to a CICL
would encourage a self sustaining and aged above 15 years old and below 18 years old
conducive rehabilitation community or who are ordered by the court to undergo
environment for the residents. rehabilitation.
b. An improved strategy for the rehabilitation of
vulnerable youth and CICL is tested and
operationalized in the farm park community A CICL who was referred by court for
and replicated in other areas/regions. rehabilitation must present a
c. Residents are assisted to fully appreciate the Commitment order issued by the committing
concept of ecologically friendly activities and the court to the DSWD prior to ssion.
value and importance of forestry and agriculture
in social progress and food security. Admission Procedures
d. Capacity and skills potentials of residents are The admission officer who is either the social
identified and developed or their eventual worker or the aren’t on duty shall do the
reintegration to their respective following:
families/communities. 1. Check the duly accomplished Individual
Admission Slip and court order;
Who are the Clients Served? Residential 2. Gather/Validate from CICL's accompanying
rehabilitation shall be limited to the youth who responsible and authorized
are committed by the Court for rehabilitation due
to the following circumstances:
a. they have committed serious offenses that 2.1. Bureau of Jail Management and
they constitute a threat to the community; Penology Officer
2.2. Local Social Welfare and Development
b. their life is threatened or at risk if placed in the
Officer
community; and
2.3 parents/ relatives
c. nobody in the community can provide support
for their rehabilitation.
3. Upon admission, body search/inspection and
Programs and Services inventory of personal belongings are conducted
by the appropriate authority,
4. Safekeeping Valuable belongings of the
Life services/Group, it provides a home CICL;
environment and group arrangement with well-
balanced, organized and non-fomal and activitiy 5. ASSIGN the CICL to an appropriate
group youth. room/cottage based on the initial
Treatment Interventions. It provides
6. Introduce the CICL to an appropriate room/
comprehensive interventions for the of youth
cottage based on the initial assessment and
offenders which are primarily carried out by an
recommendations of the social worker.
disciplinary team composed of social worker,
psychologist, houseparent,
7. Conduct orientation on home policies, house and processes; all under the supervision and
rules, programs and services; control by the DSWD.
8. Refer admitted CICL to the medical service 1. Home Life Services/Group. It provides a
unit or a doctor for physical/medical home environment and group living
examination: and arrangement with well-balanced, organized and
9. Ensure that immediate needs of the CICL non-f0imal activities for the youth.
such as food, clothing and other supplies for
personal care are provided. 2. Treatment Interventions. It provides
comprehensive interventions for the
Requirements for Admission rehabilitation of youth offenders which are
1. Court Order duly signed and dry sealed by primarily carried out by an interdisciplinary team
the court that has jurisdiction over the case; composed of social worker, psychologist,
committing the youth to the center, houseparent, and in some instances, a
2. Physical examination/certification issued by psychiatrist. .
the Medical Officer who conducted the
examination on the youth immediately after 3. Support Services/lnterventiqns. It provides
arrest as provided for in Article 190 of P.D.; competency and skills development, vocational
3. Social Case Study Report prepared by the training livelihood and productivity program,
local DSWD social worker who handled the sociocultural and recreational program, spiritual
case during the pre-trial and dispositional enhancement program and other skills training
hearings; to expand their sense orresponsibilitY and
community involvement.
4. Consent of parents for the youth's medical
examination or hospitalization while in care at
the Rehabilitation Center and General Policies
5. School records or permission to transfer
school. A. Admission Policies
1. Admission to the RRCY is limited to a CICL
aged above 15 years old and below 18 years old
C. Case management
who are ordered by the court to undergo
rehabilitation.
This is a process of enabling persons to
mobilize resources (internal and external) to 2. A CICL who was referred by court for
achieve a desired outcome level (behavioral rehabilitation must present a commitment order
and/or environmental change). issued by the committing court to the DSWD
prior to admission.

Steps in Case Management

1. Intake and assessment—intake interview is Requirements for Admission
an initial diagnostic process undertaken by the [Link] Order duly signed and dry sealed by the
social worker. court that has jurisdiction over the case;
2. Formulation of Treatment Plans committing the youth to the center,
3. Implementation of Treatment Plan [Link] examination/certification issued by
4. Case Conference the Medical Officer who conducted the
5. Case Termination/Discharge Planning examination on the youth immediately after
6. After-Care Service[28] arrest as provided for in Article 190 ofP.D.;
3. Social Case Study Report prepared by the
local DSWD social worker who handled the
Note: All RRCYs located in the aforesaid case during the pre-trial and dispositional
regions have similarities in terms of mandates hearings;
4. Consent of parents for the youth's medical only to community sentences (alternatives to
examination or hospitalization while in care at incarceration), such as suspended
the Rehabilitation Center and sentences.[351 In others, probation also
[Link] records or permission to transfer includes supervision of those conditionally
school. released from prison on parole.(36)
C. Case Management Probation is also termed as Suspended
This is a process of enabling persons to Sentence but technically quite differ from each
mobilize resources (internal and external) to other.
achieve a desired outcome level (behavioral Two Kinds of Probation
and/or environmental change).
Steps in Case Management A. Adult Probation. Adult probation refers to
1. Intake and assessment—intake interview is the suspension in the execution of the sentence
an initial diagnostic process imposed in the judgment as provided in by
Undertaken by the social worker. Presidential Decree 968 approved on July 24,
1976 as amended by Republic Act No. 10707
[Link] of Treatment Plans on November 26, 2015.
3. Implementation of Treatment Plan
4. Case Conference Probation, based on Presidential Decree 968
5. Case Termination is charge Planning as amended, is a disposition under which a
defendant, after conviction and sentence, is
6. After-Care Service[281 released subject to conditions imposed by the
court and to the supervision of a probation
Note: All RRCYs located in the aforesaid officer.(37)
regions have similarities in terms of Probation is a privilege granted by the court
mandates and processes; all under the to a person convicted of a criminal offense to
supervision and control by the DSWD. remain in the community instead of actually
going to prison/jail.[381
Further, those CICLs committed in the RRCY
are not yet convicted. Promulgation of sentence
was not pronounced by the trial court; instead, Purpose of Probation
the court diverted the CCILs to the RRCY for a. promote the correction and rehabilitation of
Rehabilitation. Hence, CICLs in the RRCY an offender by providing
cannot be called as Convicts. b. him with devitalized treatment
Also, a broad and detail presentation all about
prisons and jails would be provided in the c. provide an opportunity for the reformation of
subject Institutional Correction. a penitent offender which might be less
Lesson 3. Non-institutional Corrections probable if he were to serve a prison sentence;
and
Non-Institutional correction, as defined
d. prevent the commission of offenses.t371
previously; is a form of punishment (correction)
that keeps the offender in the community and
out of prison. Often used synonymously with Advantages of Probation
Intermediate Sanctions.[261 a. The government spends much less when an
Non-Institutional methods for treating offender is released on probation than that
offenders include (1) probation (minor and offender be placed behind bars (jails/prisons).
adult), (2) suspended sentence, (3) parole, and The officer and the offender's family are spared
(4) conditional pardon. from the embarrassment and dishonor of
1. Probation. Probation, in criminal law, is a imprisonment.[381
period of supervision over an offender, ordered
by the court instead of serving time in prison. In
some jurisdictions, the term probation is applied
B. Minor Probation. The minor Probation refers The discharge of the child in conflict with the law
to the concept provided by Presidential Decree shall not affect the civil liability resulting from the
No. 603 (The Child And Youth Welfare Code) commission of the offense, which shall be
dated December 10, 1974 which was enforced in accordance with the law.
superseded by the Republic Act No. 9344
(Juvenile Justice. And Welfare Act of 2006)
approved on April 26, 2006 as amended by c. Return of the Child in Conflict with the Law
Republic Act No. 10630 (An Act Establishing a to Court. If the court finds that the objective of
Comprehensive Juvenile Justice and Welfare the disposition measures imposed upon the
System, Creating the Juvenile justice and child in conflict with the law have not been
Welfare Council under the Department of Social fulfilled, or if the child in conflict with the law has
Welfare and Development, Appropriating Funds willfully failed to complete with the conditions of
Therefor, and for Other Purposes) approved on his/her 'disposition or rehabilitation program, the
October 3, 2013. child in conflict with the law shall be brought
before the court for execution of judgment.
Concepts of Minor Probation under Republic
Act No. 9344
If said child in conflict with the law has reached
a. Automatic Suspension of Sentence. Once eighteen (18) years of age while under
the child who is under eighteen (18) years of suspended sentence, the court shall determine
age at the time of the commission of the offense whether to discharge the child in accordance
is found guilty of the offense charged, the court with this Act, to order execution' of sentence, or
shall determine and ascertain any civil liability to extend the suspended sentence for a certain
which may have resulted from the offense specified period or until the child reaches the
committed. However, instead of pronouncing maximum age of twenty-one (21) years.
the judgment of conviction, the court shall place
the child in conflict with the law under d. Credit in Service of Sentence. The child in
suspended sentence, without the need of conflict with the law shall be credited in the
application: Provided, however, that services of his/her sentence with the full time
suspension of sentence shall still be applied spent in actual commitment and detention under
even if the juvenile is already eighteen years this R.A. No. 9344.
(18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after e. Probation as an Alternative to
considering the various circumstances of the Imprisonment. The court may, after it shall
child, the court shall impose the appropriate have convicted and sentenced a child in conflict
disposition measures as provided in the with the law, and upon application at any time,
Supreme Court Rule on Juveniles in Conflict place the child on probation in lieu of service of
with the Law. his/her sentence taking into account the best
interest of the child. For this purpose, Section 4
b. Discharge of the Child in Conflict with of Presidential Decree No. 968, otherwise
the Law. Upon the recommendation of the known as the "Probation Law of 1976", is
social worker who has the custody of the hereby amended accordingly.[391
child, the court shall dismiss the case against
the child whose sentence has been suspended
Note: This topic would be discussed in detail in
and against whom disposition measures have
the subject Juvenile Delinquency and Juvenile
been issued, and shall order the final discharge
Justice • System under the area of Criminology.
of the child if it finds that the objective of the
disposition measures have been fulfilled.
2. Parole. Parole refers to the conditional kind of pardon other than Absolute Pardon
release of a person convicted of a crime prior to which totally extinguish criminal liability. It is •an
the expiration of that person's term of Executive Clemency.
imprisonment, subject to both the supervision of
the correctional authorities during the remainder
of the term and a resumption of the
When could a Prisoner be granted a Conditional
imprisonment upon violation of the conditions
Pardon? A prisoner could be granted conditional
imposed.[40J
Pardon if he/she have served at least one-half
It also refers to the release of a convicted (1/2) of the minimum of his/her original
criminal defendant after he/she has indeterminate and/or definite sentence.
completed part of his/her prison sentence, However, in the case of a prisoner who is
based on the concept that during the period convicted of a heinous crime as defined in
of parole,. the released criminal can prove Republic Act No. 7659 and other special laws,
he/she is rehabilitated and can "make good" in he/she shall have served at least one-half (1/2)
the society. A parole generally has a specific of the maximum of his original indeterminate
period and terms such as reporting to a parole sentence before his/her case may be reviewed
officer, not associating with other ex-convicts; for conditional pardon.
and staying out of trouble. Violation of the terms
may result in revocation of parole and a return
What is Executive Clemency? Executive
to prison to complete his/her sentence.[41J
Clemency refers to the power of a President of
Parole in the country is provided in for by Act the Philippines to pardon (absolute or
No. 4103 also known as Indeterminate conditional) a person convicted of a crime,
Sentence Law (ISLaw) or "An Act to Provide for commute a sentence, delay temporarily the
an Indeterminate Sentence and Parole for all execution of sentence (reprieve), or grant
Persons Convicted of Certain amnesty.(421
Crimes by the Courts of the Philippine Islands;
to Create a Board of Indeterminate Sentence
and to provide Funds Therefor; And For Other Note: Probation, Parole, Pardon and Amnesty
Purposes," approved on December 5, 1933 as are topics that would be discussed in detail in
amended by Act No. 4225 (An Act to Amend the subject Non-Institutional Correction! under
Sections One, Two and Eight Of Act Numbered the area of Correctional Administration.
Four Thousand One Hundred Three, Commonly
Known As The Indeterminate Sentence Law),
approved on August 08, 1935 and Republic Act
Lesson 4. Restorative Justice
No. 4203

What is Restorative Justice? Restorative

(An Act to Amend Sections Three and Four of
Justice is a process through which remorseful
act Numbered Four Thousand One Hundred
offenders accept responsibility for their
and Three, as Amended, Otherwise known as
misconduct, particularly to their victims and to
The Indeterminate Sentence Law), approved
the community. It creates obligation to make
June 19, 1965. things right through proactive involvement of
victims, ownership of the offender of the crime,
and the community in search for solutions which
3. Conditional Pardon. Conditional pardon promote repair, reconciliation, and
refers to the exemption of an individual, within reassurance.
certain limits or conditions, from the punishment Restorative Justice Process is actively
which the law inflicts for the offense he had participated in by the victim, the offender, and/or
committed resulting in the partial extinction of any individual or community member affected
his criminal liability.[42] Conditional Pardon is a by the crime to resolve conflicts resulting from
the criminal offense, often with the help of a fair Philippines, being a signatory member-country
and impartial third party. should ensure adoption of this resolution.

Restorative practice' are a social science that What agency adopted the concept of
studies how to improve and repair relationships Restorative Justice? The Parole and
between people and communities. The purpose Probation Administration (PPA) adopted the
is to build healthy communities, increase social Restorative Justice as one of its rehabilitation
capital, decrease crime and antisocial programs which utilizes restorative processes
behavior, repair harm, and rest-ore and aims to achieve restorative outcomes.
relationships.(43J The espousal is relevant to the goal of the
A restorative justice program aims to get government which is to establish a more
offenders to take responsibility for their actions, enlightened and humane correctional system
to understand the harm they have caused, to that will promote the reformation of offenders
give them an opportunity to redeem themselves and thereby reduce the incidence of recidivism.
and to discourage them from causing further As such, the PPA is empowered to create
harm. For victims, its goal is to give them an innovative policies, programs, and activities to
active role in the process(44J and to reduce facilitate the reintegration of its clientele into the
feelings of anxiety and powerlessness") mainstream of society and consequently
prevent the commission of crime
Examples of Restorative Process
a. Mediating,
b. Conferencing, and Effects of Restorative Justice as a Rehabilitation
c. Sentencing/supporting circle and the like. Program of PPA
(see below) 1. Reintegration of the offenders to the social
mainstream and encouraging them to assume
active responsibility for the injuries inflicted to
What is Restorative Outcome? Restorative
the€ victims;
Outcome is the agreement obtained as a
2. Proactive involvement of the community to
product of a restorative justice process. It
support and assist in the rehabilitation of the
includes:
victims and the offenders;
a. Restitution,
3. Attention to the needs of the victims,
b. Community work service, and
survivors, and other persons enacted by the
c. Any other program or response designed to
crime as participating stakeholders in the
accomplish reparation of the
criminal justice system, rather than mere objects
or passive recipients of services of intervention
victim, and the reintegration of the victims or that may be unwanted, inappropriate, or
offenders. (see below) ineffective;
4. Healing the effects of the crime or
How was Restorative Justice Adopted in the wrongdoing suffered by the respective
Philippines? The Commission on Crime stakeholders; and
Prevention and Criminal Justice, of which the
Philippines is a member-country, through a draft 5. Prevention of further commission of crime
resolution, recommended to the Economic and and delinquency.
Social Council of the United Nations
Organization (UNO), the adoption of the Basic
Principles on the Use of Restorative Justice PPAs Implementation of Restorative Justice
Programmers in Criminal Matters. The said
document is a formulation of UN Standard in the A. During the Investigation Stage. Information
field of mediation and restorative justice. The such as victims' version of the offense, effect of
victimization to their lives, families, future, and
plans, and victims' appreciation on how the Roles of the Probation and Parole Officers in
damage arm inflicted by the crime can be the Implementation of
repaired and healed are gathered to serve as Restorative Justice
input in the post-sentence investigation (PSI) or Probation and Parole Officer assigned to handle
pre-parole/executive clemency investigation investigation and supervision caseloads acts as
(PPI) reports prepared by the investigating restorative justice planner. As such, he/she
officer to be submitted to the Court and the undertakes the following responsibilities:
Board of Pardons and Parole, respectively. 1. Identifies and recommends to the Chief
These data are vital in the conduct of restorative Probation and Parole Officer (CPPO) the
justice processes during the supervision phase. potential case for Peacemaking Encounter;
Soliciting stakeholders' -interest for their 2. Conducts dialogue to explore the possibility
introduction to the restorative process of restorative justice process;
commences during this stage. 3. Coordinates/collaborates with the
responsible members and leaders of the
B. During the Supervision Stage. Restorative community for their participation in the
Justice Program is a part of the rehabilitation of conference;
the client which is incorporated in the client's [Link] as facilitator-strength in the
Supervision Treatment Plan (STP). In applying conference;
the various restorative justice processes for the 5. Assists in the healing process of stakeholders
client's rehabilitation, the supervising officer based on the Supervision Treatment Plan; and
observes the following points: 6. Prepares case notes reflective of restorative
1. The parties are brought within the justice values utilizing the following points:
program out of their own volition. Parties 6.1 Impact of crime and effect of victimization;
have the right to seek legal advice before and
after the restorative justice process; 6.2 Victim inputs and involvement opportunities;
2. Before agreeing to participate in the and
restorative justice process, the parties are fully 6.3 Offender opportunity to take direct
informed of their rights, the nature of the responsibility for the harm inflicted on the victim
process, and the possible consequences of their and/or the community.
decision; A CPPO engages in the following
responsibilities:
3. Neither the victim nor the offender is induced
by unfair means to participate in the restorative 1. Approves cases for Peace Encounter
justice processes or outcomes; Conference and issues office orders; and
4. Discussion in the restorative justice 2. Implements and monitors plans and
processes should be highly confidential and agreements achieved during the conference
should not be disclosed subsequently, except and sets direction to realize the success of the
with the consent of the parties, and should not process.
be used against the parties involved;
Procedural Safeguards to be observed in
5. Where no agreement can be made between applying the Restorative Justice Processes
by the parties, the case is withdrawn from the to Resolve Conflicts Arising from the
restorative justice process; and Criminal Offense
6. In the event that the agreement is reached by
parties, it is put in writing to 1. The clients must admit the offense to be
Give substance/essence to the agreement. The eligible for the conference, and if possible, they
failure to implement any provision of the should be encouraged to take full responsibility;
agreement made in the course of the restorative 2. A personal visit by the Restorative Justice
justice process is a basis for the withdrawal of planner may be necessary to solicit the interest
the case from the program.
and willingness of the stakeholders to take direct responsibility for his/her behavior.
participate in the restorative process; Likewise, it provides a chance for the victim and
3. The victims' preference for the time, date, and the offender to forge a mutually acceptable plan
place of the meeting should be given greatest that addresses the harm caused by the crime.
weight; As a community-based decision model, the
4. Restorative Justice planners should also get Agency Peacemaking Encounter is being
in touch with community strengths to serve as implemented through the following processes:
facilitators like local officials, members of the 1. Victim/Offender Mediation. It is a process
Lupon Tagapamayapa or any responsible and that provides the interested victim an
respected personalities in the locality; opportunity to meet face-to-face with
5. A pre-conference meeting with the selected his/her offender in a secured and structured
facilitators prior to the actual conduct of peace setting or atmosphere with the help of a trained
encounter conference should be set to carefully mediator, and engage in a discussion of the past
plan for all the detail, from the sitting offense and its impact to his/her life. Its goal is
arrangements and refreshments to the box of to support the healing process of the victim and
tissue papers that would incidentally let allow the offender to learn the impact of his/her
participants know that display of emotions is offense on the victim's physical, emotional and
okay; financial existence, and take direct responsibility
6. A pre-conference meeting could likewise be for his/her behavior by mutually developing a
arranged separately with individual restorative Justice plan that addresses the harm
stakeholders to explain the process and caused by the said offense.
other vital details of the conference;
7. The Restorative Justice planner should 2. Conferencing. It is a process Which involves
ensure that everyone knows how to get to the the community of people that are mostly
location site of the conference; affected by the crime, the victim and the
8. Facilitators should ensure that the conference offender and their families, the affected
shall be conducted without interruption in a community members and trained facilitators and
comfortable -location and shall secure the community strength, in a restorative discussion
safety of all the stakeholders; of issues and problems arising from an offense
9. Stakeholders shall also be consulted relative or .coincidence which affects the community
to the composition of the panel of facilitators. relationship and tranquility. Facilitated by a
Any party may move to oppose the inclusion of trained facilitator, the above parties are
persons by reason of relationship,' bias, gathered at their own volition to discuss how
interest, or other similar grounds that may they and others have been harmed by the
adversely affect the process; and offense or conflict, how that harm may be
10. Indigenous system of settling differences or repaired, and how may the broken relationship
disputes shall accordingly be recognized and be restored.
utilized to conform with the customs and 3. Circle of Support. It is a community directed
tradition of that particular cultural community. process organized by the field office and
Restorative Justice Models that can be participated in by the clients he Volunteer
applied to PPA Probation Aides (VPAs) and selected members
What is Peacemaking Encounter? of the community in the discussion of the
Peacemaking Encounter is a community-based offense and its impact. Within the circle, people
gathering that brings the victim, the victimized freely speak from the heart in a shared search
community, and the offender together. It for understanding the incident, and together
supports the healing process of the victims by identify the steps necessary to assist in the
providing a safe and controlled setting for them reconciliation and healing of all affected parties
to meet and speak with the offender on a and prevent future crime or conflict.
confidential and strictly voluntary basis. It also In the Agency, the circle of support is facilitated
allows the offender to learn about the impact of by trained Probation and Parole Officers, -
the crime to the victim and his/her family, and to Volunteer Probation Aides, or selected
community leaders who offered their services as recycling, construction, repair of streets, and the
facilitator or keeper with free of charge. like.
3. Citizenship, and Civic participation —
In implementing this process, the. Probation and experiential activities which involve solving
parole officer should be the facilitator who is community problems; examples: puppet shows
sensitive to the needs of the victim. Likewise, that showcase values, street dramas, peer
the probation and parole officer should exert counseling.
effort to protect the safety and interest of the 4. Helping the Disadvantaged — this will
victim. enhance offender's self-esteem; examples:
assist handicapped, assist in soup kitchen, tutor
Outcomes or Interventions which can be peers, and visit the aged in jail and hospitals.
Agreed upon during the Restorative Justice 5. Crime Prevention Project — examples:
Process Brgy. Ronda, giving testimony to the youth.
As a result of the restorative justice process, the The probation and parole officer should ensure
following outcomes or interventions may be the adoption of these community work services
agreed upon by parties in a Restorative to facilitate the reintegration of the offender in
Justice discussion, such as, but not limited the community.
to: C. Counseling (whether individual,
A. Restitution. Restitution is a process upon group. or family). It will enhance client's
which the offender accepts accountability for the interpersonal relationship and it will help him/her
financial and/or non-financial losses that he/she become more aware of his/her
may have caused to the victim. Restitution is a shortcomings/weaknesses. This will also help
"core" victim's right which is very crucial in him/her
assisting the redirection of the victim's life. Part Overcome painful experiences that drove
of the conditions of probation as imposed by the him/her to commit a crime/offense.
Court is the payment of civil liability to indemnify D. Attendance to trainings, seminars, and
the victim of the offender, and to inculcate to the lecture
offender a sense of responsibility and obligation E. Participation in education, vocation, or
towards the community. life skills program
Consequently, the probation and parole officer F. Group Therapy Session. It is an intervention
should see to it that. the offender complies with which provides recovering drug dependents or
this condition. giving those with serious behavioral problems
B. Community Work Service. Community an opportunity to discuss their problems.
work service, whether imposed as a condition of G. Spiritual development session/faith-
offender's conditional liberty or integral part of based session
his treatment plan, should be purposely H. Submission to psychological/psychiatric
motivated to make the offender realize that assessment
he/she incurred an obligation to make things I. Submission to drug test/drug dependency
right. In its application, the offender can be examination
subjected to perform work. Service measures, J. Attendance to skills training/livelihood
including, but not limited to any of the following: assistance program
1. Mentoring and Intergenerational Service K. Marital enhancement program
— offenders will develop their nurturing needs L. Written or oral apology
thru caring for other people; example: with
M. Submission to Family Therapy Session.
senior citizens, with orphanages, or with street
This session aims to develop healthy personal
children.
relationship within the family and to establish
2. Economic Development — to link directly open positive communication between family
with the business project; examples: cleaning members and significant others. Family
downtown area, tree planting, maintenance of members should be oriented in their individual
business zones, housing restoration, garbage responsibilities and roles.
and waste management, cleaning of esteros,
N. Confinement in drug treatment
rehabilitation center including Aftercare

Note: Restorative Justice is a topic that would

also be discussed in detail in the subject Non-
institutional Correction under the area of
Correctional Administration. Hence,the
aforesaid topics are just the basic concepts of
restorative justice.

RRCY IS NOW CALLED BAHAY PAGASA