Comprehensive Study Guide for Criminal Law and Correctional Administration
Executive Clemency and Penal Provisions
Amnesty: Defined as a general pardon extended to a group of persons. It is generally exercised by the Chief Executive with the concurrence of the legislative body (Congress).
Pardon: Described as an act of grace by a head of state for the purpose of exempting an individual from the punishment imposed upon him by a court of law.
Reprieve: Refers to the postponement of the execution of a sentence, especially specifically in the context of the death sentence.
Commutation of Sentence: Refers to the reduction of the duration of a prison sentence or decreasing the length of the imprisonment of the original sentence awarded to a prisoner.
Executive Clemency Categories: These include Pardon, Amnesty, Reprieve, and Commutation of Sentence.
Probation and Sentence Reduction
Probation: A disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the Court. The person is placed under the supervision of a probation officer.
Indeterminate Sentence: A sentence that possesses a minimum, medium, and maximum period of penalty.
Application for Probation: Based on a modified decision, the application must be filed in the Trial Court.
Petitioner: A convicted defendant who files an application for probation.
Probationer: A person who is granted probation and placed under probation.
Good Conduct Time Allowance (GCTA): A privilege granted to a prisoner, whether detained or convicted by final judgment. It entitles the individual to a reduction of their jail or prison term for every month of actual detention or service of sentence as a reward for good conduct and exemplary behavior.
Special Time Allowance: A deduction of sentence granted to any prisoner who, having evaded the service of his sentence on the occasion of disorders due to calamities (conflagrations, earthquakes, etc.), gives himself up to the authorities within hours following the issuance of a proclamation announcing the passing of the calamity.
Crimes Against Liberty, Domicile, and Public Order
Delaying Release: A crime committed by a jail warden who receives a court order for the immediate release of a prisoner (e.g., due to a dismissed case) but continues to detain the individual (e.g., for a period of one week).
Violation of Domicile: Committed when police officers, without a search warrant, enter a house with permission only to conduct an inquiry but proceed to search rooms without further authority.
Unlawful Arrest: Committed when a police officer arrests a person without a warrant, detains them, and prepares a meritless complaint for the Prosecutor’s Office for a crime (such as theft) that was not actually committed by the suspect.
Illegal Detention: A specific example involves a public-school teacher detaining a student inside a classroom for being stubborn.
Rebellion: Committed by an armed group (e.g., comprising approximately members) that invades a territory (such as the town of Sipocot) to establish their own government and territory.
Sedition: Committed when a group (e.g., workers) gathers to conduct a violent rally, such as throwing stones at a building, as a protest against owners or administrators.
Mutiny: The unlawful resistance to a superior officer or the raising of commotion and disturbances on board a ship against the authority of its commander.
Espionage: Entering a warship, fort, or naval/military establishment without authority to obtain confidential information or data relative to the defense of the Philippine Archipelago.
Inciting to War or Giving Motives for Reprisals: Committed by a person who provokes or gives occasion for a war to involve the Philippines.
Fundamental Legal Principles and Definitions
Criminal Law: The branch of public law which defines crimes, treats of their nature, and provides for their punishment.
Criminology: The body of knowledge regarding crime as a social phenomenon.
Criminal Justice: The system of law enforcement, adjudication, and correction directly involved in the apprehension, prosecution, and control of those charged with criminal offenses.
Restorative Justice: A principle requiring a process of resolving conflicts with the maximum involvement of the victim, the offender, and the community.
Justifying Circumstances: Legal acts that are considered not in violation of the law, where the actor bears no criminal or civil liability. Key circumstances include:
Self-defense.
Defense of relatives.
Defense of property.
Fulfillment of duty.
Ex Post Facto Law: A law that makes an action done before the passage of the law, which was innocent when done, punishable after the fact.
French Rule: Crimes committed aboard a foreign merchant vessel are not triable in the courts of the country within whose territorial jurisdiction they were committed, unless the commission affects the peace and security of the territory.
English Rule: Crimes committed aboard a foreign merchant vessel are triable in that country unless they merely affect things within the vessel or refer to internal management.
Human Rights and International Law
United Nations (UN) Definition of Human Rights: Rights which are inherent in our nature and without which we cannot live as human beings.
Commission on Human Rights (CHR) Definition of Human Rights: Rights that are supreme, inherent, and inalienable to life, dignity, and self-development.
Constitutional Rights: Rights guaranteed in the Bill of Rights of the Constitution.
Statutory Rights: Rights promulgated by a legislative body.
Civil Rights: Rights the law will enforce at the instance of private individuals for the purpose of securing their enjoyment of happiness.
International Humanitarian Law (IHL): Also known as the Law of Armed Conflict or the Law of War. A body of rules that protects persons not participating in hostilities during wartime and limits methods and means of warfare to make war the least inhumane possible.
Procedural Rules and Specific Legal Standards
Burden of Proof: The principle that the government must prove "beyond reasonable doubt" that the suspect committed the crime. This is a difficult burden because criminal prosecutions carry penalties of imprisonment or death.
Criminal Due Process: The basic ingredient of criminal due process is a Trial.
Arrest and Search Rules:
General Rule for Arrest: Arrest should be effected when there is a Warrant of Arrest.
General Rule for Search and Seizure: Search and seizure should be conducted by virtue of a Search Warrant.
Detention Limits: If arrested for a fistfight causing slight physical injuries and no charges are filed in court, the individual may be detained for a maximum of hours.
Witness Requirement for Treason: Testimony of at least witnesses is required.
Specific Crimes Against Persons and Public Order
Adultery: An offense committed by a married woman through carnal knowledge with a man not her husband who knows her to be married, even if the marriage is later declared void.
Tumultuous Affray: A felony committed when a person is killed or wounded during a confused quarrel among several persons not organized into groups, where the responsible parties cannot be ascertained.
Minimum Security Prison: Camp Bukang Liwayway under the NBP (New Bilibid Prison) is categorized as a Minimum Security facility according to the degree of custody.
Fort Santiago: Mentioned as a significant location in the context of the study material.
Study Observations and Contextual Notes
CLJ/CA Examination Trends: Questions in Criminal Law and Justice (CLJ) are often situational and lengthy. Candidates are advised to read quickly and comprehend carefully, as exams may consist of questions to be completed in hour.
Correctional Administration (CA) Focus: Questions frequently revolve around Probation, Executive Clemency (Pardon, Amnesty, Reprieve, Commutation), GCTA, and the specific timelines and days involved in the probation process.
Government Structure: BUCOR (Bureau of Corrections) is an attached agency of the DOJ (Department of Justice). The President is part of the Executive branch of government.