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(CRIM. 2) Criminal Justice System
Bachelor of Secondary Education (BSed)
The College of Maasin
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SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS
CRIM. 2: CRIMINAL JUSTICE SYSTEM
CRIMINAL JSUTICE SYSTEM
comprise all the means used to enforce those standards of conduct which are deemed necessary to protect individuals and to maintain general community well being.
The sum total of instrumentation which a society uses in the prevention and control of crime and delinquency.
The machinery of the state or government which enforces the rules of conduct necessary to protect life and property and to maintain peace and order.
Comprises all means used to enforce these standards of conduct, which are deemed necessary to protect individuals and to maintain general well-being of the community.
FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
- Arrest
- Charging
- Adjudication
- Sentencing
- Corrections
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM 1) LAW ENFORCEMENT 2) PROSECUTION 3) COURTS 4) CORRECTIONS 5) COMMUNITY
THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM 1) LAW ENFORCEMENT 2) COURTS 3) CORRECTIONS
CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM Basis of the Criminal Justice System Criminal Law is the basis that takes place in the Criminal Justice System. Only violations of Criminal Law are being considered and processed in the Criminal Justice System. Where no violation of Criminal Law or where no commission of the crime, in general, Criminal Justice as a process will not operate.
CRIMINAL LAW Branch of public, which defines crimes, treats of their nature, and provides for their punishment.
TWO CLASSIFICATION OF CRIMINAL LAW A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore punishable. B**. PROCEDURAL** Refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES A. First is the “presumption of innocence”. This means that those who are accused of crimes are considered innocent until proven guilty. The accused is entitled to all the rights of the citizens until the accused’s guilt has been determined by the court of law or by the accused’s acknowledgment of his guilt that he or she indeed committed the crime. B. The second principle is “the burden of proof” which in criminal cases means that the government must prove beyond “reasonable doubt” that the suspect committed the crime
CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until proven guilty. CONCEPT OF PROOF BEYOND REASONABLE DOUBT In order to make sure that only those who are guilty of the crime as punished, our Rules on Evidence provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond reasonable doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled to an acquittal.
MEANING OF PROOF BEYOND REASONABLE DOUBT Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of error, produces absolute certainty. Moral certainty is only required, or that degree of proof which produces conviction in an unprejudiced mind.
CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM The criminal is the main character of the Criminal Justice System.
CRIMINAL may be defined in three different views:
- In Criminological sense , a person may be considered as a criminal from the time he or she committed the crime regardless whether or not it has been reported to the Police for investigation.
- In legal sense , a person maybe considered a criminal only upon undergoing the judicial process and upon determination by the Court that he or she is guilty beyond reasonable doubt.
- In Criminal Justice sense , a criminal may be defined as one who has undergone the process and went through all the pillars of the Criminal Justice System
THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM :
- At the police stage, during investigation, he is referred to as the SUSPECT.
- At the Prosecutors office, during the determination of probable cause or during the Preliminary Investigation, he is referred to as the RESPONDENT.
- At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM
- Primary goals a. Maintenance of peace and order b. Protect members of the society 2. Secondary goals or sub-goals a. Prevention of crime b. The review of the legality of preventive and suppressive measures. c. The judicial determination of guilt or innocent of those apprehended. d. The proper disposition of those who have been legally found guilty. e. The correction by socially approved means of the behavior of those who violate the criminal law. f. The suppression of criminal conduct by apprehending offenders for whom prevention is ineffective.
THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM
- The Adversarial Approach The adversarial approach assumes innocence. The prosecutor representing the State must prove the guilt. The adversary approach requires that the proper procedures are followed, procedures designed to protect the rights of the accused. The adversary system embodies the basic concept of equal protection and due process. These concepts are necessary in order to create a system in which the accused has a fair chance against the tremendous powers of the prosecutors and the resources of the State. 2. The Inquisitorial approach: The inquisitorial system assumes guilt; the accused must prove that they are innocent. The inquisitorial approach places a greater emphasis on conviction rather than on the process by which the conviction is secured.
The philosophy adopted in our Criminal Justice System is the Adversarial Approach.
CONCEPT OF DUE PROCESS OF LAW The concept of due process means that those who are accused of the crimes and those who are processed through the Criminal Justice System must be given the basic rights guaranteed by the Constitution. Criminal due process requires that the accused be tried by an impartial and competent court in accordance with the procedure prescribed by law and with proper observance of all the rights accorded to him under the Constitution and applicable statute. CONCEPT OF EQUAL PROTECTION The equal protection clause in essence declares that the state may not attempt to create or enforce statutes against a person solely because of specific characteristics such as race, age or sex
I. LAW ENFORCEMENT – The First Pillar in the administration of the Criminal Justice System
Law Enforcement in relation to CJS The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover” of the Criminal Justice System. It is considered as “the initiator of the actions” that other pillars must act upon to attain its goal or objective. Examples of police initiating action: a. effecting an arrest b. surveillance
c. crime investigation
THE GENERAL FUNCTIONS OF THE LAW ENFORCEMENT IN RELATION TO THE ADMINISTRATION OF THE CJS a. To prevent criminal behavior. b. To reduce crime. c. To apprehend and arrest offenders. d. To protect the life and property. e. To regulate non-criminal conduct.
PHILIPPINE NATIONAL POLICE - organized pursuant to RA 6975, as amended by RA 8551
PERTINENT LAWS ON PNP: RA 6975 - “DILG Act of 1990” - Approved on Dec 13, 1990 RA 8551 - “PNP Reform and Reorganization Act of 1998. - Approved on February 25, 1998. RA 9708 - “An Act extending for 5 years the reglementary period for complying the minimum educational qualification for appointment to the PNP and adjusting the promotion system thereof”. Approved on August 12, 2009
The Philippine National Police is a law enforcement agency under the DILG. It is under administrative control and operational supervision of the National Police Commission. It is an organization that is national in scope and civilian in character , as provided by Section 6, Article 16 of the 1987 Philippine Constitution:
“The state shall establish and maintain one police force which shall be national in scope and civilian in character...” -headed by the Chief, PNP , with the rank of Director General , appointed by the President and who shall serve a term of office of four (4) years.
NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the Philippine archipelago.
- all uniformed and non-uniformed personnel of the PNP are national government employees.
CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some military attributes such as discipline.
POWERS AND FUNCTIONS OF THE PNP -Enforce all laws and ordinances relative to the protection of lives and properties; -Maintain peace and order and take all necessary steps to ensure public safety; -Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; -Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; -Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; -Issue licenses for the possession of firearms and explosives in accordance with law;
b. A less typical way for the police to be advised of the crime is through the reporting of someone who has witnessed its commission or has come upon evidence indicating that a crime has been committed; c. The police themselves, through their routine operations discover that a crime has been committed or witness its commission
MEANING OF ARREST: - Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
IMPORTANCE OF ARREST IN THE ADMINISTRATION OF CJS Arrest is important in the administration of Criminal Justice System because if the accused is not arrested, the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the authorities.
PROBABALE CAUSE IN EFFECTING ARREST Probable cause with respect to arrest is such a fact and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.
SEARCH WARRANT It is an order in writing issued in the name of the people of the Philippines signed by the judge and directed to the peace officer, commanding him to search for personal property and bring it before the court.
REQUISITIES FOR THE ISSUANCE OF WARRANT OF ARREST A search warrant shall be issued only upon (a) upon probable cause (b) in connection with one specific offense ( c) to be determined personally by the judge (d) after examination under oath or affirmation of the complainant and the witnesses he may produce and (e) particularly describing the place to be search and the thing to be seized.
PERSONAL PROPERTY TO BE SEIZED a. Subject of the offense; b. Stolen or embezzled and other proceeds, fruits of the offense; or c. Use or intended to be used as the means of the commission of the offense.
GENERAL RULE IN EFFECTING AN ARREST: The general rule in effecting an arrest is simply to make an arrest when there is a warrant. Reason: a. For the protection of the person making the arrest in order not to be charged criminally for violation of Article 124 of the Revised Penal Code, and other related penal laws; b. and also for any civil and administrative charges.
EXCEPTION TO THE GENERAL RULE: The exception to the general rule is provided by the Revise Rules on Criminal Procedures (Rule 113, Section 5) Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
GENERAL RULE IN EFFECTING SEARCH AND SEIZURE: Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly issued search and warrant.
The Reason: a. For the protection of the searcher not to be charged of a crime of theft, robbery and the like; b. And for any civil and administrative liabilities EXCEPTIONS: a. Warrantless search incidental to a lawful arrest b. Seizure of evidence in plain view c. Search of a moving vehicle d. Consented warrantless search e. Customs search f. Stop and frisk search, and g. Exigent and emergency circumstances
EVIDENCE OBTAINED IN VIOLATION OF THE RULE ON ARREST AND SEARCH AND SEIZURE IS NOT ADMISSIBLE AS EVIDENCE AGAINST THE ACCUSED The evidence obtained is not admissible against the accused in any proceedings. The rule not admitting any unlawfully obtained evidence against the accused is referred to “the exclusionary rule” because the same is said to be “the fruit of the poisonous tree”.
CRIMINAL INVESTIGATION Is an art, which deals with identity and location of the offender and provides evidence of his guilt in criminal proceedings.
Importance of Criminal Investigation in the Administration of CJS Criminal Investigation is important in the administration of the CJS because one of the purpose of criminal investigation is to gather and preserve evidence that will both justify their enforcement action in particular case as well as enable the fact finding process of the courts and the prosecution of the case successfully and obtain conviction.
Republic Act No. 7438, April 27, 1992 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF CJS
PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION
a. To determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof; b. To secure the innocent against hasty, malicious and oppressive prosecution. c. To protect the State from useless and expensive trials.
CAN THERE BE PRELIMINARY INVESTIGATION?
Preliminary Investigation is required to be conducted before the filing of the 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.
INSTANCE WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED TO BE CONDUCTED EVEN IF THE CRIME IS ONE THAT REQUIRES PRELIMINARY INVESTIGATION When the offender was arrested without a warrant, an Inquest investigation will be conducted by the inquest investigator. There is no need to conduct Preliminary Investigation, unless the person arrested ask for Preliminary Investigation. However, before the same can be done, he must sign a waiver under the provision of Art. 125 of the Revised Penal Code. An INQUEST shall refer to an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant issued by the court for the purpose of determining whether or not said person should remain under the custody and correspondingly charged in court.
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION: a. Provincial or City Prosecutors and their assistants; b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; c. National and Regional State Prosecutors; and d. Other officers as may be authorized by law.
OTHERS OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION: a. The Ombudsman and special prosecutor ad prosecutors duly authorized by the Ombudsman with respect to cases under its jurisdiction (ex. Anti-graft and corrupt practices act.) b. The COMELEC with respect to cases in violation of the Election Law; c. Private Lawyers when duly deputized by any of the above.
PROSECUTOR’S DISCRETION: a. Whether or not to file the case in court; b. What charges to file; c. Whether or not to decline to prosecute the arrested party; d. Whether or not to enter into plea-bargaining
SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL OF SOME CRIMINAL CASES: a. Insufficient evidence that results from a failure to find sufficient physical evidence that links the defendant to the offense.
b. Witness problem that arise for example, when a witness fails to appear, gives unclear or inconsistent statements, is reluctant to testify, is unsure of identity of the offender. c. Due Process Problems that involves the violations of the Constitutional requirements for seizing evidence and for the questioning of the accused.
REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO PROSECUTE A CRIME: a. File a motion for consideration b. File an administrative case against the Prosecutor; c. File a civil case against the Prosecutor; d. File a criminal case against the Prosecutor
III. COURT – The third pillar of the Criminal Justice System
General functions of the Courts in relation of the CJS:
- To protect the rights of the accused – the courts are responsible for reviewing the actions of law enforcement agencies to ensure that the police have not violated the rights of the accused;
- To determine by all legal means whether a person is guilty of a crime – review all the evidences presented by the police to determine its relevance and admissibility in accordance with the Constitution and the rules of Court;
- To dispose properly of those convicted of the crimes – the Courts have the responsibility to examine the background of the accused and the circumstances of the crime;
- To protect the society – after the accused has been found guilty, the court may determine if the offender should be removed from society and incarcerated in order to protect the safety of life and property and this is specially in case of Probation;
- To prevent and reduce criminal behavior –this is the task properly imposing the proper penalty and sanctions that will serve to deter the future criminal acts by the offender an also serve as an example and deterrent to others who would commit criminal acts or threaten public safety.
IMPORTANCE OF THE COURTS IN THE ADMINISTRATION OF CJS: Because the Court is the final arbiter of all disputes involving violations of criminal law. Basic is the principle in law that we are a government of law and that no one should put the law into one’s own hand. Otherwise, our Society will be one where chaos and anarchy reign supreme.
GENERAL FUNCTIONS OF THE COURTS IN RELATION TO THE CJS
- To protect the rights of the accused. The courts are responsible for the reviewing the actions of law enforcement agencies to ensure that the police have not violated the rights of the accused.
- To determine by all legal means whether a person is guilty of a crime. Review all the evidences presented by the police to determine its relevance and admissibility in accordance with the Constitution and the rules of court.
- To dispose properly of those convicted of the crimes. The Courts have the responsibility to examine the background of the accused and the circumstances of the crime.
- To protect the society. After the accused has been found guilty, the court may determine if the offender should be removed from society and incarcerated in order to protect the safety of life and property and this is specially true in case of Probation.
- To prevent and reduce criminal behavior. This is the task properly imposing the proper penalty and sanctions that will serve to deter the future criminal acts by the offender and also
PROMULGATION OF JUDGMENT
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.
WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED The weight of the evidence required in order to convict an accused is “Proof beyond reasonable doubt”
ACQUITTAL It is a finding of not guilty based on the merits. Meaning, the accused is acquitted because the evidence does not show that his guilt is beyond reasonable doubt.
APPEAL Appeal is a statutory right granted to the accused or even the government in proper cases to seek remedy before an Appellate Court for the annulment or reversal of an adverse decision or conviction rendered by the Trial Court.
WHO HAS THE RIGHT TO APPEAL? As a rule, this right is only granted to the convicted offender. However, the Supreme Court in one of its landmark decision held that the right to appeal shall not be denied to the government prosecutor when proper.
IV. CORRECTIONS –The fourth pillar of the CJS Corrections – deals with punishment, treatment and incarceration of offenders. Corrections as the fourth pillar takes over the criminal treatment once the accused, after having been found guilty, is meted out the penalty for the crime he committed. He can apply for probation or he could be turned over to a non – institutional or institutional agency or facility for custodial treatment and rehabilitation.
GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE ADMINISTRATION OF CJS
- To maintain the institutions – the correctional component is responsible for maintaining prisons, jails and other institutional facilities to receive convicted offenders sentence to periods of incarceration.
- To protect law abiding members of society – Corrections custody and security in order to keep sentenced offenders removed from the free world so that they cannot commit further crimes on society.
- To reform offenders – It is responsible for developing and providing services to assist incarcerated offenders to reform and assist them in returning to society and in leading a non-criminal life after his/her release.
- To deter crimes – It is responsible for encouraging incarcerated and potential offenders to lead law-abiding lives the experience of incarceration and the denial of freedom to live in a free society.
TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of the accused has become final and executory. That is, when the judicial process has been completed and the court issues MITTIMUS for the enforcement of its decision. Although, Correctional Institutions, Jails in particular, may receive an accused for custody or detention only, in which case the court issues a COMMITMENT ORDER.
MITTIMUS
It is a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence.
COMMITMENT ORDER It is a written order of a court or authority consigning a person to jail or prison for detention.
PURPOSES OF CORRECTION
- Deterrence.
- Rehabilitation.
- Reintegration
- Isolation and Incapacitation.
- Punishment.
DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES:
- Sablayan Prison and Penal Farm – located in Occidental Mindoro. Established on September 26, 1954 by virtue of Presidential Proclamation No. 72. It is the youngest colony of the bureau.
- Leyte Regional Priso n – situated in Abuyog, Southern Leyte, established a year after declaration of Martial law in 1972.
- New Bilibid Prison – located in Muntinlupa, it was officially named New Bilibid Prison on January 22, 141.
- Correctional Institution for Women – located at Mandaluyong City. Philippine Legislature passed Republic Act 3579 in November 1929 which authorize the transfer of all women inmates from Old Bilibid Prison to CIW. On February 14, 1931, the women prisoners were transferred from Old Bilibid Prison to the building especially constructed to them. Its old name “Women’s Prison” was changed to “Correctional Institution for Women”.
- Iwahig Penal Colony – located at Palawan, established on November 16, 1904 by Governor Luke Wright.
- San Ramon Prison and Penal Farm – established in Southern Zamboanga on August 21, 1870 through a royal decree promulgated in 1869. Considered the oldest penal facility in the country. Originally established for persons convicted of political crimes. It was here in Dapitan Zamboanga where Dr. Jose Rizal was incarcerated.
- Davao Penal Colony – located in Davao Del Norte, the first penal settlement founded and organized under Filipino administration. It was formally established on January 21, 1932 by virtue of Act No. 3732.
CORRECTIONAL AGENCIES IN THE PHILIPPINES
- Institutional Corrections Agencies a. Bureau of Corrections – an agency under the Department of Justice (DOJ) that is charged with custody and rehabilitation of national offenders, that is, those sentenced to
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.
Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development
Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred. The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC. After the initial investigation, the local social worker conducting the same may do either of the following: (a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and (b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following chapter.
Probation as an Alternative to Imprisonment The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.
PROBATION - Is a disposition under which a defendant after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of a probation officer. - Is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison.
PARDON
Is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. It is the power reposed by the Constitution to the President of the Philippines.
KINDS OF PARDON a. Absolute Pardon – when the convict is release without any condition;
b. Conditional Pardon – when the release of the convict is subject to certain conditions that the pardonee must comply with strictly. Otherwise, such pardon will be revoked, because pardon is a contract with the convict may or may not accept, but once accepted, he has to abide with the conditions prescribed.
PAROLE Is a procedure by which prisoners are selected for release on the basis of the individual response to the correctional institution and the service progress and by which they are provided with the necessary controls and guidance as they serve the remainder of their sentences within the free community.
ELEMENTS OF PAROLE a. That the offender is convicted; b. That he serves part of his sentence in prison; c. That he is released before the full expiration of his sentence; d. That said release is conditional, and e. That he remains on parole until the expiration of his maximum sentence.
DISQUALIFICATIONS: a. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment; b. They were convicted of treason, conspiracy, or proposal to commit treason, misprision of treason, rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine waters; c. They are habitual delinquents; d. They escaped from confinement or evaded sentence; e. They have been on conditional pardon and had violated any of the conditions imposed by the Board f. Their sentence do not exceed one (1) year; g. They are suffering from any mental disorder as proven by the government psychiatrist or psychologist accredited by the Department of Health; h. They have pending criminal cases.
AMNESTY Is a general pardon extended to a group of prisoners and exercised by the President of the Philippines with the concurrence of Congress. The recipients are usually political offenders.
V. COMMUNITY – The fifth pillar of the CJS Role of the Community as the fifth pillar of the Criminal Justice System.
- the community is understood to mean as “ elements that are mobilized and energized to help authorities in effectively addressing the law and order concern of the citizenry.”
The responsibilities of the community in relation to Law Enforcement As one of the pillars or component of the Criminal Justice system, the community with its massive membership has vital responsibilities in law enforcement.
The citizens can achieve these roles: a. identifying offenders; b. giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and syndicates; c. volunteering as witnesses; d. adopting precautionary and remedial measures to diminish crime.
The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less than ten (10) but not more than twenty (20). 3) Who are qualified to become members of the Lupon? Any resident of the barangay of reputable character may be appointed as member of the Lupon. Members of the Lupon shall be appointed by the Barangay Chairman. 4) When shall the Lupon be constituted? The Lupon shall be constituted every three years. 5) What is the term of office of a Lupon member? A Lupon member shall serve for a period of three years. 6) What is the basic function of the Lupon? Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of disputes for the speedy resolution of disputes. 7) What is PANGKAT TAGAPAGKASUNDO? It shall act as the conciliation panel. It is also referred to as the PANGKAT. 8) What shall be the composition of the Pangkat? It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from among the three of them the Pangkat Chairman and Pangkat Secretary. 9) When shall the Pangkat be constituted? The Pangkat shall be constituted whenever a dispute is brought before the Lupon. 10) Who shall appoint the members of the Pangkat? The members of the Pangkat shall be chosen by the parties of the dispute from among the Lupon members. In case of disagreement, the Barangay Chairman shall draw lots.
- What matters fall under the jurisdiction of the Lupon? a) those involving offenses that are punishable by the imprisonment of one year and below, or a fine in the amount of five thousand pesos and below; b) those involving parties that actually reside or work in the same barangay; c) those involving marital and family disputes; d) those involving minor disputes between neighbors; e) those involving real properties located in the barangay;
- Where shall be the venue for amicable settlement? a) disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the Lupon of said barangay; b) those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent actually resides; c) all disputes involving real property or any interest shall be brought in the barangay where the real property or the larger portion is situated; d) those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study shall be brought in the barangay where such workplace or institution is located.
PROCEDURE FOR AMICABLE SETTLEMENT
- Who may initiate proceedings? Any individual who has a cause of action against another individual involving any matter within the authority of the Lupon may complain, orally or in writing, to the Lupon.
COMPLAINANT – the person who filed the complaint against the respondent
RESPONDENT – the person who is being complained of
CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of another for which the latter suffers damage which affords a party to a right to judicial intervention
- What shall the Chairman do upon receipt of the complaint? The Chairman shall meet with the respondent and complainant and mediate. If he fails in his mediation within fifteen (15) days, he shall set a date for the constitution of the Pangkat.
MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong Barangay or Pangkat to amicably settle their disputes
- What shall the Pangkat do after its constitution? The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman, to hear both parties.
- Within how may days should the Pangkat settle the dispute? The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting. This period may be extended for another fifteen (15) days, at the discretion of the Pangkat.
- How shall the settlement be made official? All amicable settlement shall be in writing.
- Why should parties resort to amicable settlement before going to the police? Because it is a pre-condition to filing of complaint in court: “No complaint involving any matter within the authority of the Lupon shall be filed directly in court unless there has been a confrontation between the parties before the Chairman or the Pangkat, and that no conciliation or settlement has been reached as certified by the Secretary, or unless the settlement has been repudiated by the parties.”
- What shall be the effect of the amicable settlement? The amicable settlement shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date of settlement.
(CRIM. 2) Criminal Justice System
Course: Bachelor of Secondary Education (BSed)
University: The College of Maasin
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