Professional Documents
Culture Documents
2. Arrest - taking a person into custody in order that he may be bound to answer
for the commission of some offense, made by an actual restraint of the
person or by his submission to custody.
7. Judgment - adjudication by the court that the accused is guilty or not guilty
of the offense charged, and the imposition of the proper penalty and
civil liability provided by law on the accused.
Bail - security given for the release of a person in custody of law, furnished by him or a bondsman conditione
appearance before any court.
Bail Bond - an obligation under seal given by accused with one or more sureties and
made payable to proper officer with the condition to be void upon performance by
the accused of such acts as he may legally be required to perform.
Capital Offense - an offense which under the law existing at the time of its
commission and of the application for admission to bail may be punished
with death.
Criminal Action - one by which the state prosecutes a person for an act or
omission punishable by law.
Criminal Jurisdiction - authority of the court to hear and try a particular offense
and to impose the punishment provided by law.
Double Jeopardy - when a person is charged with an offense and the case is
terminated either by acquittal or conviction, or ion any manner without the
express consent of the accused, the latter can not again be charged with
the same or identical offense.
Duplicity of offense - the joinder of separate and distinct offenses in one and the
same information or complaint.
Motion To Quash - a hypothetical admission that even if all the facts alleged were
true, the accused still can not be convicted due to other reasons.
Oath - includes any form of attestation by which a party signifies that he is bound
in conscience ti perform an act faithfully and truthfully.
Parole - the conditional release of an offender from a penal or correctional
institution after he has served the minimum period of his prison sentence
under the continued custody of the state and under conditions that permit
his reincarceration if he violated the conditions of his release.
Plea Bargaining - process whereby the accused and the prosecution in a criminal
case workout a mutually satisfactory disposition of the case subject to court
approval. It usually involves the defendant's pleading guilty to a lesser offense
or to only some of the counts of a multi-count indictment in return for a
lighter sentence than that for the greater charge.
Prejudicial Question - arises when the civil action involves an issue similar or
intimately related to the issue raised in the criminal action and the resolution
of such issue will determine whether the criminal action will proceed or not.
Private Crimes - those which can not be prosecuted except upon complaint
filed by the aggrieved or offended party.
Search Warrant - an order in writing issued in the name of the people of the
Philippines signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and bring it before the court.
1. police - first contact of offender since they investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is administered.
4. correction - after accused is found guilty, he is put to jail or prison to be reformed.
5. community - where the convict after service of sentence comes back to be integrated to be a
productive member of society.
Community Policing - the system of allocating officers to particular areas so that they become familiar
with the local inhabitants.
Goals of Punishment
1. General Deterrence - the state tries to convince
potential criminals that the punishment they face is
certain, swift, and severe so that they will be afraid
to commit an offense.
2. Specific Deterrence - convincing offenders that the
pains of punishment is greater than the benefits of
crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept
behind bars, they will not be able to repeat their
illegal activities.
4. Retribution/Just Desert - punishment should be no
more or less than the offenders actions deserve, it
must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay
back their victims for their loss, the justice system
for the costs of processing their case and society
for any disruption they may have caused.
6. Rehabilitation - if the proper treatment is applied,
an offender will present no further threat to society
7. Diversion - criminals are diverted into a community
correctional program for treatment to avoid stigma
of incarceration.The convicted offender might be
asked to make payments to the crime victim or
participate in a community based program that
features counseling.
8. Restorative Justice - repairs injuries suffered by
the victim and the community while insuring
reintegration of the offender. Turn the justice
system into a healing process rather than a
distributor of retribution and revenge.
3 Broad Categories of Crime
1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and
Organized Crime.
Sensational Crime - certain offenses are selected for their sensational nature and made into national
issues.Much of what we know about crime comes from the media.
Street Crime - includes a wide variety of acts both in public and private spaces including interpersonal
violence and property crime.
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal
principles.
Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law
either alone or as part of a panel of judges.
Prosecutor - the person responsible for presenting the case in a criminal trial against an individual
accused of breaking the law.
Law - is a system of rules of conduct established by the sovereign government of a society to correct
wrongs, maintain the stability of political and social authority and deliver justice.
Plaintiff - the person who brings a case against another in court of law.
Appellant - the party who appeals the decision of the lower court. A person who applies to a higher
court for a reversal of the decision of a lower court.
Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for
"to stand by that which is decided", general practice of adhering to previous decisions when it makes
new one.
Miranda Doctrine - criminal suspect has the right to remain silent which means they have the right to
refuse to answer questions from the police.They have the right to an attorney and if they can not afford
an attorney, one will be provided for them at no charge.
Writ - a form of written command in the name of the court or other legal authority to act or abstain
from acting in some way.
Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial
proceeding.
Summon - a legal document issued by a court or administrative agency of government authoritatively
or urgently call on someone to be present.
Discretion - the use of personal decision making and choice in carrying out operations in the criminal
justice system.
What is twelve table? early Roman laws written around 450 BC which regulated family.religious, and
economic life.
History of PNP
RA 6975- “An Act Establishing the Philippine National Police Under e Reorganized Department of
the Department of the Interior and Local Government and for Other Purposes” ended the existence of
the Philippine Constabulary and the Integrated National Police. Amended by RA 8551.
PNP- Country’s Police Force
NAPOLCOM- The Agency that Supervise, Administer and Controlled the PNP.
8551- “PNP Reform and Reorganization Act of 1998” Amended by RA 9708.
IAS- Internal Affairs Service, the watchdog of the PNP. It is an organization within the structure of
the PNP.
Organic Act 175- creating insular police force. “An Act providing for the organization of an insular
Constabulary and for the inspection of the Municipal police.
Cesar P. Nazareno – First Police Director General/ PNP Chief.
Raul S. Imperial - Second Police Director General/ PNP Chief.
Umberto R. Rodriguez - Third Police Director General/ PNP Chief, Appointed by President Fidel V.
Ramos.
Kempetai- Japanese police force ruled in the Philippines.
Manila Police Department (MPD) – created during the first American Occupation renamed into
“Metropolitan Constabulary” under the Bureau of Constabulary. By virtue of Act Nr. 183 of the
Philippine Commission.
Insular Police Force – established during the Filipino American War upon recommendation of the
Philippine Commission to the Secretary of War.
Insular Constabulary – created by virtue Act. Nr. 175
Capt. George Curry – US Army officer appointed by TAFT COMMISSION and the 1st CHIEF OF
POLICE of MPD.
Capt. Columbus Piatt – the Last American COP of MPD.
October 3, 1901 – Insular constabulary was changed to Philippine Constabulary by virtue of Act Nr.
225
Brig/Gen. Henry T. Allen – 1st Chief of Philippine Constabulary. Father of PC.
Brig/Gen. Rafael T. Crame – 1st Filipino COP of PC.
Col. Antonio C. Torres – 1st Filipino COP when Manila Police Department became an all Filipino
Organization
Col. Marcus Ellis Jones – a US Provost Marshall who was named MPD COP just after Manila
Liberation.
Col. Lamberto T. Javalera – 1st COP of MPD appointed by Pres. Roxas under the Republic
Government.
RA 4864 – Police Act of 1966, police commission under office of the president of the Philippines.
This law gives birth to NAPOLCOM
RA 6040 – amended certain section of RA 2260 known as the Civil Service Act of 1969.
PD 765 – PC/INP Law. Establishing and constituted the Integrated national police which shall be
composed of PC as the nucleus and the integrated police forces (fire and jail department) as
components.
PD 1184 – The Integrated National Police Personnel Professionalization Act of 1977.
Article XVI Section 6 of the Philippine Constitution – The state shall established and maintain one
police force, which shall be national in scope and civilian in character, to be administer and controlled
by the NAPOLCOM.
RA 541 – Police Pension Law
PD 1184 – Police Professionalization Law of 1977, gives birth to the PNPA.
EO 1040 – transferred the administrative control and supervision on INP from Ministry on National
Defense (MND) to the NAPOLCOM.
PHILIPPINE HISTORY
Philippines – Pearl of the Orient, comprises more than 7,100 islands.
1898 – The Spanish-American War ended.
Martial Law – imposed by President Ferdinand E. Marcos.
Pearl Harbor- the Japanese surprise attack in America
Clark field in Pampanga- bombing mission of Japanese in the Philippines.
Hiroshima & Nagasaki – City in Japan wherein the American Air Force drops a Nuclear Bomb.
People Power Movement – 4 day protest in Manila, in EDSA
Ferdinand Magellan – 1st recorded European contact with the Philippine Island.
Cebu – Island of ZUGBO, Humabon in waging a battle against a rival chieftain, Lapu-Lapu of
Mactan. The Capital of the new Spanish colony.
1565 – 1st Spanish settlement in the Philippines was established on cebu by Miguel Lopez de
Legaspi.
Rajah Soliman – controlled an area of Luzon. The NEW Capital of the Spanish colony.
KKK – kataastaasan kagalang galang na katipunan ng mga anak ng bayan, KATIPUNAN, organized
by Andres Bonifacio.
Biac-na-bato – a place that in negotiated truce.
Treaty of Paris – Peace negotiation between spain and the United States.
William Howard Taft – President of United States appointed General MacArthur to rule and govern
the Philippines.
Deep-water harbor – at subic bay, major anchorage for the US naval fleet.
Jones Act – instituted an elected Philippine senate and compromised eventual independence.
Franklin D. Roosevelt – New President of US who supports the Tydings-McDuffie Act of 1934
stipulated that the Philippines would become an independent republic on July 4, 1946.
HUKBALAHAPS- hukbong ng bayan laban sa hapon
1944 – Osmenia succeeded Quezon, who died in the US.
April 1946- Roxas became the 1st president of the new republic.
April 1948 – Roxas died and was succeeded by Vice President Quirino, who won presidency in 1949.
Luis Taruc – HUKS Leader.
1953- Magsaysay was the clear winner in the presidential election.
March 1957 – Magsaysay died in plane crash and was succeeded by his vice president Carlos Garcia,
and was elected president in his own right in November 1957.
1961 - Diosdado Macapagal win the presidency.
1965 – election gave to presidency to Ferdinand E. Marcos. The 1st president who win a second term.
September 21, 1972 – President Ferdinand E. Marcos Proclaimed Martial Law by virtue of
Proclamation No. 1081.
EDSA – epifanio de los Santos Avenue
Mendiola Massacre – government security forces opened fire on the protester and killed 20 people.
CRIMINAL JUSTICE SYSTEM
Criminal – is a person convicted of a crime by a final judgment
Suspect – arrested for the commission of a crime and he is in the law enforcement stage.
Respondent – in the prosecution stage
Accused – in court
Criminal or Convict or Inmate – in correction
Ex-convict – in the community
Crime - is an act or omission punishable by law, forbidding or commanding it.
Felony – crime punishable by Revised Penal Code (RA.3815)
Offense – crime punishable by special penal laws.
Misdemeanor or Violation or Obstruction of Ordinance – crime punishable by municipal or city
ordinances
Justice – is the act of rendering what are due or treating persons equally.
System – is a combination of related elements organized into a complex prevention and control of
crime.
Criminal Justice System – is the machinery which the society uses in prevention and control crime.
Law Enforcement –First component and pillar of the CJS. They are called the police, conducts arrest,
search seizures, etc. The prime mover or front liner of the CJS. (also BIR) They are the one who file
complaint.
Prosecution – conducts preliminary investigation to determine the existence of probable cause. The
one who file information.
Court – conducts trial to determine whether the accused is guilty or innocent of the charge. The arbiter
of Justice. The “cornerstone” or “centerpiece” of the CJS.
Correction– reforms and rehabilitates the offenders. This is known as the weakest pillar in CJS.
Community – molds persons from birth and reintegrates offender back to their home. This is the core
of the CJS.
Teodulo Natividad – introduced CJS in the Philippines
LAW ENFORCEMENT
Public Relation – is the act of bringing about better understanding , confidence, and acceptance of an
individual or an organization.
Police Community Relation – is defined as the sum total dealings of the police with the people it
serves and whose goodwill and cooperation it craves for to insure the greatest possible efficiency in
the public service.
Police Public Relation – is the continuing process by which endeavors are made to obtain the
goodwill and cooperation of the public for the effective enforcement of the law and the
accomplishment of police purpose.
Human Relation – consists of fundamental precepts, both moral and legal which governs the
relationship among men in all aspects of life.
Crime – Desire + Opportunity (to commit a crime) over Resistance (not to commit a crime)
Arrest – is the taking of a person into custody in order that he may bound to answer for the
commission of an offense.
Warrant of Arrest – is an order in writing issued in the name of People of the Philippines, signed by
the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein
and deliver them before the court.
Inflagrante Delicto – caught in the act of committing a crime
Search Warrant - is an order in writing issued in the name of People of the Philippines, signed by the
judge and directed to a peace officer, commanding him to search for personal property described
therein and deliver them before the court.
Custodial Investigation – is any questioning initiated by law enforcement officers after a person has
been taken into custody of otherwise deprived of his freedom of action in any significant way.
Miranda Rights – Miranda vs. Arizona, Constitutional Rights of persons under investigation for the
commission of an offense.
Doctrine of the Fruit of the Poisonous Tree – any evidence illegally obtained is not admissible in any
proceeding.
Confession – direct acknowledgement of guilt.
Admission - indirect acknowledgement of guilt.
RA 7438 – 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 violation thereof.
PROSECUTION
Inquest Proceeding - is a proceeding done by the inquest prosecutor to determine the validity of a
warrantless arrest.
Preliminary Investigation – is an inquiry held for the purpose of ascertaining whether or not probable
cause is present.
Probable Cause – is the existence of sufficient ground to engender well founded belief that a crime
has been committed and the respondent is probably guilty thereof.
RA 9344 – Juvenile Justice Welfare Act of 2006.
Complaint – is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.
Information – is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed in court.
COURT
Judge – is an officer so named in his commission who presides in some court; a public officer,
appointed to preside to and administer the law in a court of justice.
Jurisdiction – is the power and authority to hear, try, and decide a case.
Certification Against Forum Shopping – the complainant, plaintiff, or principal party shall certify
under oath in his complaint or other initiatory pleading asserting a claim of relief.
Arraignment – is made in an open court by the judge or clerk furnishing the accused of the copy of the
complaint of information, reading the same in a language or dialect known to him, and asking him
whether he pleads guilty or not guilty.
Bail – is a security given for the release of a person in custody of the law, furnish by him or a
bondsman, to guarantee his appearance before any court as required under the conditions specified by
law.
Recognizance – is the release of the defendant on the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
Proof beyond Reasonable Doubt – is the degree of proof which produces conviction in an
unprejudiced mind.
Preponderance of Evidence – means that the testimony adduced by one side is more credible and
conclusive that the other.
Substantial Evidence – is the relevant evidence which the reasonable mind might accepts as adequate
to support a conclusion.
Quash – literally to put stop. It is the act of formally declaring that the law or a court’s verdict is
invalid.
Trial – is the examination before a competent tribunal, according to the laws of the land, of the facts
and issue of the case, for the purpose of determining such issue.
Alibi – is an averment that the person was at another place for such a period of time that it was
impossible for him to have been at the place where the act was committed at the time of its
commission.
Judgment – is adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition of him of the proper penalty and civil liability, if any.
Appeal – is a resort to a superior court to review the decision of an inferior court or administrative
agency.
CORRECTION
Prisoners – are those convicted by final judgment.
Detainees – are those undergoing investigation/trial, or awaiting trial/sentence.
Department of Justice – it holds the Bureau of Prisons
Old Bilibid Prison – at present Manila City Jail.
Bureau of Jail Management and Penology (BJMP) – administer at the city and municipal jails. It is
under the (DILG) Department of Interior and Local Government.
Provincial Jail – administer by Provincial Government
Prisons – administered by (BuCor) Bureau of Correction, deprived of their liberty for more than 3
years.
Jails – are housing persons who are deprived of their liberty for not more than 3 years.
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.
Interlocutory Order – is one which does not finally determine a cause of action but only decides some
intervening matter pertaining to the cause.
Pardon – is an executive clemency granted by the President/Chief Executive. Pardoning Power of the
President
Amnesty – is an act of sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of political character, such
as character, such as treason, sedition, and rebellion.
Parole – is the suspension of sentence of a convict after having served the minimum sentence imposed
without granting pardon, prescribing the terms of the suspension.
Commutation – is an act of the President reducing the penalty of a convict.
Reprieve and Suspension – the temporary stay or postponement of sentence.
COMMUNITY
Community – is a group of persons living I a particular place.
Home – Cradle of human personality
Marriage – is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. Is a social union or legal
contract between people that creates kinship.
School – is an institution or place for instruction or education.
Church – is the religious society founded and established by Jesus Christ to receive, preserve, and
propagate His doctrines and ordinances.
Government – is the organization, or agency through which a political unit exercises its authority,
controls and administers public policy, and directs and controls the actions of its members or subjects.