Corrections on Quiz 2 + correction pillar

Corrections

the two reasons why criminals get acquitted is because

  • he is not the author of the crime

  • his guilt is not proven

Purpose of preliminary investigation

  • assist the court

  • determine if there is prima facie evidence with reasonable certainty of conviction

PRELIMINARY VS INQUEST

  • PRELIMINARY - WHEN COMPLAINT IS FILED, TO FIND IF THERE IS PRIMA FACIE

  • INQUEST - DONE AFTER WARRANTLESS ARREST

DIFFERENCE BETWEEN RULES OF COURT AND DOJ-NPS 2024

  • QUANTUM OF PROOF

    • PRIMA FACIE EVIDENCE WITH REASONABLE CERTAINTY OF CONVICTION - DOJ

    • PROBABLE CAUSE - ROC

  • IMPOSABLE PENALTY

    • 4Y 2M 1D + - ROC

    • 6Y 1D + (AFFLICTIVE PENALTIES) - DOJ

Discussion Nov 17, 2025

CORRECTION PILLAR DISCUSSION

  • Has the responsibility to have custody, supervise and rehabilitate of the convict

Approaches to correction can be institutional or non-institutional

  • Institutional correction - rehabilitation and correctional programs take place inside the facilities. As in nakakulong

  • Non-institutional correction - community based correction, but not at all times

Penology in the Philippines can either be death (prevented by RA 9346), or imprisonment

Agencies with correctional responsibility

  • Bureau of corrections (DOJ)

    • has responsibility of safekeeping and reformation over convicts with imprisonment of more than 3 years

  • Bureau of jail management and penology (DILG)

    • has responsibility over convicts with 3 years and below imprisonment and those pending trial or investigation

  • Board of Pardons and Parole

  • Parole and Probation admin

  • Provincial and sub-provincial jails

  • DSWD

JAIL VS PRISON

  • jail is temporary or short-term, prison is if the penalty is for a long period

Non-institutional correction

  • Probation was first passed in Massachusetts

    • Probation according to PD 968 RA 10707

      • You are not imprisoned but you are under correction

      • Done after conviction and sentence

      • Disqualified offenders: sentenced to serve more than 6 years, crimes against national security, those who have already been under probation