PHILIPPINE CRIMINAL JUSTICE SYSTEM (CRIMSOC 2)

Compiled By: DELMER ALMOCERA MONDIDO

DEFINITION OF TERMS
AFFIDAVIT – a sworn statement subscribed and executed before competent authority.

AFFIANT – refers to a person executing an affidavit.

BAR – refers to persons authorized to practice the legal profession duly admitted to the roll
of attorneys of the Supreme Court and a member of the Integrated Bar of the
Philippines.

BENCH – refers to the court in general.

BUREAU OF CORRECTIONS – formerly known as the Bureau of Prisons. It was prescribed

to oversee the administration, supervision, management and control of the
state prison institution in the Philippines. The president of the Philippines
appoints its head with the confirmation of Congress by the Commission on
Appointment.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY – by virtue of R.A. 6975 the Jail Bureau
was created. The composition of the personnel of the BJMP was to be taken
from the members of the Jail Management and Penology Service as constituted
under P.D. 765. It is vested with the authority to exercise supervision and
control over all city and municipal jails.

CASE LAW – judicial decisions, published precedents which are considered as a fixed body
of legal rule.

CIVIL SOCIETY – refers to the sector of society composed of NGOs, People’s Organizations,
cause oriented groups, and advocacy groups that promote the welfare of the
people against all forms of exploitation and abuse.

CLEARED CRIMES – a situation or condition in which the suspect is arrested and turned
over for prosecution. Police term to indicate solved criminal cases.

COMMUNITY – the fifth pillar in the CJS it refers to the elements that are mobilized and
energized to help the authorities in effectively addressing the law and order
concerned of the citizenry.

CONSENSUS VIEW OF CRIME – the view that the greater part of society share common
ideals and work toward a common good and crimes are outlawed acts because
they are harmful and conflict with the rules of society.

CONTEXTUAL DESCRIMINATION – a practice in which members of the minority receives

harsher punishments in some instances.

CONTRACT LAW – law which covers personal agreements.

CORRECTIONS – is the system of taking care of the custody, treatment and rehabilitation of
all convicted persons or prisoners punished by law for the commission of an
offense.
CORRECTIONALISM – research conducted by positivists which intends to unmasked the
weak and powerless members of society so they can be better dealt with by the
legal system.

COURT – a body of tribunal officially assembled under authority of the law in which
judicial power is vested of the administration of justice is delegated.

COURT OF APPEALS – established under BP 129 known as “The Judiciary Reorganization

Act of 1980”. The Court is composed of one (1) Presiding Justice and sixty eight
(68) Associate Justices. They are all appointed by the President. It operates in
10 divisions, each comprising of five members. The Court sits by Divisions,
each division being composed of three members.

CRACKDOWN – refers to the focus of police resources on a specific problem area.

CRIMINAL JUSTICE SYSTEM – the totality of all concerted efforts and activities of all
agencies involved in the prevention, reduction and control of crimes.

CRIME CONTROL – refers to the restraining or isolating criminals behind prison to

effectively control them from further endangering the society thus protecting
the public from harm and damage.

CRIME DETERRENCE – refers to the political will of the State to punish all criminals in
accordance with law, to serve a lesson from further committing crime.

CRIME DISPLACEMENT – the effect of crime prevention drives which transfers or shifts
illegal activities to another.

CRIME PREVENTION – pertains to all government and non-governmental activities or

programs designed to thwart, deter, preempt, and stop the crime from
happening.

CRIMES OF REPRESSION – offenses committed to members of a group who are being

prevented from achieving their fullest potential due to racism, sexism or other
biases.

CRIMINOLOGICAL ENTERPRISE – refers to all the disciplines involved in the study of

crimes and criminals. The practice of certain disciplines such as research and
statistics, natural science, law, penology, sociology, medicine psychology,
forensic sciences, etc. make up the entire criminological venture.

DETENTION PRISONER – a person temporarily detained while his case is pending in court
and awaiting final judgment.

DIFFERENTIAL SOCIAL CONTROL – an act of labeling that may produce a reevaluation of

the self, which reflects actual appraisals made by others.

DIVERSION PROGRAMS – rehabilitation programs that remove offenders from normal

channels from the criminal justice system, thus avoiding the stigma of a known
criminal.

FORFEITURE – the seizure of personal property by the state as a criminal or civil penalty.

GATEWAY MODEL – drug abuse study that asserts that addicts begins with a more benign
drug and later advance to more potent ones.
INSTRUMENTALISTS – the assertion that criminal law and criminal justice system are
primarily an instrument for controlling the poor members of society and the
state acting as tool for capitalists.

INTERDISCIPLINARY SCIENCE – involves two or more academic fields.

JAIL – a place of confinement for person awaiting court action and the convicted offender
serving short sentence.

JUDGE – a public officer so named in his written evidence of appointment (commission)

assigned to preside over and to administer the law in a court of justice.

JUST DESERT – the viewpoint of justice that asserts that those who violate the rights of
others deserve to be punished.

LA COSA NOSTRA – a syndicate of Italian dominated crime families who control crime in
distinct geographical areas.

LAND TRANSPORTATION OFFICE (LTO) – regulates land transportation industry and

enforces transportation laws and regulations. Investigates, arrests and
prosecutes “colorum” or out of line vehicles.

MARGINALIZATION – the act of displacing workers and pushing them outside the social
and economic mainstream.

MITTIMUS – 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 impose therein.

MORAL CRUSADERS – interest groups who seek to crush out behavior that they see
objectionable and offensive.

NATIONAL ANTI-CRIME STRATEGY (NACS)- refers to the blueprint for a responsive and
well-suited anti-crime machinery that shall operate its strategic purposes.

NATIONAL BUREAU OF INVESTIGATION (NBI) – the oldest law enforcement agency of

the Philippines is under the Department of Justice. It was created by the
enactment of R.A. 157.

PEACEMAKING MOVEMENT – a branch of conflict theory that stresses mediation,

humanism and conflict determination as a means to end crime.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) – an attached agency of the office of

the President is tasked against the officers and members of the PNP which it
has cognizance over such cases which is acted within three days upon filing of
the complaint.

POLICE – a body of civil authority, which is tasked to maintain peace and order, enforce the
law, protect lives and properties and insure public safety. The initiators to the
criminal justice system, our first line of defense against crime.

POLICE COMMUNITY RELATIONS UNIT – created to establish harmonious relationship

between the police and the citizen.

PRELIMINARY INVESTIGATION – an inquiry or proceeding for the purpose of

determining whether there is sufficient ground to engender a well founded
belief that a crime cognizable by the Regional Trial Court has been committed
and that the suspect is probably guilty thereof, and should be held for trial.
PROBABLE CAUSE – the knowledge of facts, actual or apparent, strong enough to justify a
reasonable man in the belief that he has lawful grounds for arresting the
accused. Such facts and circumstances, which would lead s reasonably discreet
and prudent man to believe that the person has committed an offense, sought
to be arrested. The existence of such facts and circumstances as would excite
the belief, in a reasonable mind, acting on the facts within the knowledge of the
prosecutor, that the person charge was guilty of the crime for which he was
prosecuted.

PROSECUTION – refers to the course of action or process whereby accusations are brought
before a court of justice to determine the innocence or guilt of the accused.
Under Philippine jurisdiction it performs an executive functions since it is
under the Department of Justice.

PROSECUTOR – a public official, serving the purpose of conducting preliminary

investigation to find probable cause, filing the information in court and proving
in trial the guilt beyond reasonable doubt by evidence and testimony of the
guilt of the accused. In criminal cases, they represent the government or the
state in the prosecution, also referred to as “fiscal”.

PUBLIC ORDER CRIMES – acts that are deemed illegal because they challenge accepted
moral principles and threaten the general well-being of society.

REGIONAL TRIAL COURT – also known as the “courts of first instance”, they are Regular
Courts which is presided by any of the 720 Regional Trial Judges in each
regions of the country. Its jurisdiction of criminal cases are said to be general.

SAFEKEEPING – refers to the temporary custody of a person or the detention of the person
for his own protection or care to ensure from liability, harm, or injury, or
danger.

SANDIGANBAYAN – is a special court which was established under PD 1606. Its rank is
equivalent to the Court of Appeals. It is a special court tasked to handle
criminal cases involving graft in corruption and other offenses committed by
public officers and employees in connection with the performance of their
functions or the so-called service-connected duties. The Sandiganbayan shall
sit in five (5) divisions of three justices each. The five (5) may sit at the same
time. The first three divisions shall be stationed in the Metro Manila Area, the
fourth division shall be in Cebu City for cases coming from the Visayas Region,
and the fifth division shall be in Cagayan de Oro City for cases coming from the
Mindanao region. Three justices shall constitute a quorum for sessions in
divisions.

SENTENCED PRISONER – refers to a person who is convicted by a final judgment.

SOCIAL ALTRUISM – mutual and voluntary support systems that reinforce and
strengthens social and moral obligations.

SOCIAL DEFENSE – refers to all the systems and interplay of activities in the community
which addresses all the negative factors affecting the health, security and
welfare of the public e.g., natural calamities, disaster, famine, drought,
criminality, health, epidemic, etc.

SOCIAL HARM – an assertion that behaviors harmful to other people and society must be
controlled.
SOCIAL REALITY OF CRIME – the analysis that the main purpose of criminology is to
promote a just and peaceful society.

STARE DECISIS – means to stand by decided cases.

STATUTE OF LIMITATIONS – it specifies or prescribed the amount of time by which

action must be taken by the state in a criminal matter.

SUPREME COURT – the court of last resort, the highest court of the land acting as final
arbiter on issues and cases before them. The Supreme Court is composed of
one Chief Justice and fourteen Associate Justices, all of whom are appointed by
the president from a list of recomendees presented by the Judicial and Bar
Council. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.

TERRORISM – an illegal use of threat and force against innocent people to achieve political
objectives.

VICTIM COMPENSATION – refers to damages awarded to the offended party in reparation

for a crime.
Crime and society in the Philippines:

Criminologists have accepted that Criminalistic tendencies and behavior could be

influence by social tendencies and behavior could be influenced by social conditions. This
one factor seems to account largely for the crime rate situation in the country although
crimes committed are invariably associated with some contributing factors such as
economic, cultural influences, environment, social conditions and individual personal
temperaments.

The Philippines is in the tropic zone and theoretically Filipinos are hot blooded
people with very volatile temperaments:

Other basic causes of crime:

a. hatred
b. personal gain
c. revenge
d. passion
e. insanity
f. unpopular laws(
g. ambiguous laws example; masiao, jai alai, lotto suetres)

TERMS TO PONDER

1. Criminal Justice System- is the machinery which the society uses in the prevention of
crime. The process is the totality of the activities of law enforcers, prosecutors, defense
lawyers, judges and correction personnel, as well as those efforts of the mobilized
community in crime prevention and control.
- essentially is the system or process in the community by which crimes are
investigated, and the person suspected thereof is taken in to the custody of police,
prosecuted in court and punished if found guilty, provisions being made for their
correction and rehabilitation.
- the totality of all concerted efforts and activities of all agencies involved in the
prevention, reduction and control of crime.

2. Social defense- refers to all systems and interplay of activities in the community which
addresses all negative factors affecting the health, security and welfare of the public e.g.
natural calamities, disaster, drought, criminality, health epidemic.

3. Criminology – is the entire body of knowledge regarding crime and criminals and the
efforts of the society to prevent and repress them.

4. Criminological enterprise- refers to all disciplines involved in the study of crime and
criminals.

5. Corrections- are the process or system of taking care of the custody, treatment and
rehabilitation of all convicted persons or prisoners punished by law for the commission
of an offense.

6. Police – a body or civil authority, which is tasked to maintain peace and order, enforce
law , protect lives and properties and insure the public safety.

7. Prosecution- the CJS pillar mandated by law to bring justice all criminal cases for
prosecution and prove guilt of the accused beyond reasonable doubt.
8. Court – a court is a body or tribunal officially assembled under authority of the law in
which judicial power is vested or the administration of justice is delegated.

9. Crime prevention- pertains to all government and non government activities or

programs designed to thwart, deter, preempt and stop the crime from happening.

10. Crime deterrence- refers to the political will of the state to punish all criminals in
accordance with law to serve a lesson for others to refrain from further committing
crime.

11. Crime control- refers to restraining or isolating criminals behind prison to effectively
controlling them from further endangering the society thus protecting the public from
harm or damage.

Concepts of Criminal Justice system:

1. preventing the commission of an crime

2. enforcing laws
3. protecting, life, individual rights and property
4. removing dangerous persons from the community
5. Deterring people from indulging in criminal activities.
6. Investigating, apprehending, prosecuting and imposing penalty upon those who
cannot be deterred from violating the rules of society.
7. Rehabilitating offenders and returning them to the community as law abiding and
useful citizens of the society.

In the American Context, their criminal justice system is composed of only three
pillars:

a. law enforcement
b. court
c. correction

In the Philippine setting, the judicial subsystem is split into two such as court and
prosecution and was added the community described as a n informal component.

Five pillars of criminal justice in the Philippines :

1. law enforcement
2. prosecution
3. court
4. correction
5. community

STAGES OF THE CRIMINAL JUSTICE PROCESS

There are five (5) stages in the criminal justice process:
1. Arrest Stage
2. Charging
3. Adjuducation (Trial_Judgmentb Stage)
4. Sentencing
5. Corrections
ARREST STAGE

The criminal justice process begins with the commission of a crime. But it is more
accurate to say that it begins with the DETECTION of crime. Detection is taken to mean not
only observed acts of crime but the results of a crime. If a crime is undetected or
unreported, it obviously does not enter the system. Even if it was already committed but is
still undiscovered, it does not enter the system.

There are two distinct sequences of steps following the detection of crime:

1. POLICE OBSERVATION – ARREST – BOOKING – INVESTIGATION

2. COMPLAINT – INVESTIGATION – ARREST – BOOKING

CHARGING STAGE

Police output in the form of an arrested or booked suspect becomes input into the
charging stage. The prosecution will decide whether the suspect will be tried for the
commission of a crime. At this point, evidence is evaluated, law is studied, and police
officers and witnesses are perhaps interviewed to assess the nature of the case and to
decide whether the case will be dismissed or be forwarded to the next stage.

ADJUDICATION STAGE

The input triggering this stage is the adjudication of the case before the court.
Formal charges are filed against the accused. At first, the suspect will be arraigned.
ARRAIGNMENT refers to the reading of charges against the accused and the declaration of
his plea. The accused may either plead GUILTY or NOT GUILTY to the charges. If the
accused pleads guilty, lengthy trial will be avoided and judge may sentence the accused. If
the accused pleads not guilty, a trial will be conducted. TRIAL refers to the presentation of
the prosecution and the defendant of their respective case and arguments before a court.

Defenses Against Criminal Charges

1. The Defense of Alibi – A defense of alibi is simply a CLAIM by the defendant that he
or she WAS IN ANOTHER PLACE when the crime occurred and therefore could not
have committed it.
2. The Defense of Insanity – The defense of insanity is a claim that the defendant
should be exonerated from criminal responsibility because she or he was (or is)
suffering from a mental condition or mental incapacitation.
3. The Defense of Instigation - if the defendant can establish that he or she would
not have committed the crime were it not for the encouragement or compulsion of
law enforcement agents, he/she is not criminally liable.
4. The Defense of Duress – This defense is based on the claim that the act was the
result, not of any intent on the part of the accused, but of threats of loss of life, limb,
or loved one.
5. The Defense of Consent – The defense that the victim consented to the act for
which the accused stands charged.
6. The Defense of “Violation of the provisions of the BILL OF RIGHTS” – This
defense is invoked if the state or its agent violated the right of the defendant in
obtaining evidence to prove the latter’s guilt. Such evidence is inadmissible in a
criminal proceeding.

SENTENCING STAGE

A conviction becomes the input of the fourth stage; Sentencing. In sentencing, the
judge will consider all circumstances surrounding the case and it is his duty to apply the
provisions of the law in rendering punishment or sentence against the accused.
CORRECTION STAGE

This stage involves the convicted person’s serving of the sentence imposed. It is the
stage where the offender will be reformed and rehabilitated prior to his reintegration in
the community.

THE FIVE PILLARS IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1. The Police or Law Enforcement Pillar

2. The Prosecution Pillar
3. The Court Pillar
4. The Correction Pillar
5. The Mobilized Community Pillar

THE LAW ENFORCEMENT PILLAR

The History of Policing

The early method of policing comes into existence when a ruler or king creates a
law to protect his constituents. The earliest code ever known in the history of LAW and
POLICING is the HAMMURABI`S CODE. This code is made and enforces by King Hammurabi
of Ancient Egypt and Mesopotamia to protect his people not only from enemy of his
kingdom but from the lawbreakers of the society. The SHANG DYNASTY of China uses to
adopt also the same method of protecting their constituents.
In early Roman times, from about 100 BC to AD 200, CENTURIONS were used in
both military and paramilitary units for policing purposes. Centurions usually commanded
units of 100 men and were used for policing and combat. There is some evidence that in
about AD 100, the Romans established the first professional investigative units in Western
history known as FRUMENTARII. The Frumentarii had three(3prinicipal duties, they are:
1. to supervise grain distribution to Rome`s needy;
2. to oversee the personal delivery of messages among government officials;
3. to detect crimes and prosecute offenders.

THE SHERIFF AND FRANKPLEDGE SYSTEM

One of the greatest pertinence to American policing system is what transpired in

early England at or about the time of Norman Conquest in 1066. English jurisdiction was
divided into Shires, the equivalent of present day countries. The chief law enforcement
officers in shires were called REEVES. Thus, each shire has reeve. The Shire-reeves were
actually agents of the King of England and collected taxes in addition to maintaining the
peace.The shire-reeve subsequently yielded the term with which we are familiar now, the
SHERIFF.

Policing function during this period were shared among community residents. The
Norman Conquest ushered in FRANKPLEDGE SYSTEM, which required loyalty to the King
and spread the law and order responsibilities among the people. The Frankpledge system
directed the neighbors to form small groups to assist and protect one another against
criminal. The most significant event in law enforcement in early 1800`s was the
establishment of Metropolitan Police of London in 1829 by SIR ROBERT PEEL, the British
Home Secretary. This organization was formed in an era of police reform.

THE AMERICAN SYSTEM

It is especially important to understand that the New English police organization

and its policing method increasingly influenced law enforcement agencies in the United
States during the early 1800`s. In fact, in 1844 the New York Police department modeled its
own organization in London. By the late 1850`s many other cities including Chicago,
Boston, Baltimore, Philadelphia, New Orleans and New York had patterned their law
enforcement organization in London. Today, many contemporary police department in the
United States continue to emulate in a general way this early British Police organization.

THE PHILIPPINE POLICING SYSTEM

No available record of the early or pre-Spanish policing system. But as far as law is
concern, the Code of Kalantiao and Maragtas had been in the forefront of the early policing
system in the Philippines. Kalantiao and Maragtas are known rules of some islands in the
Archipelago, Rulers in the country before the Spaniards came are known as Hari, Datu,
Sultan and Rajah. They have their own method of protecting their citizenry and cops
against enemy
And wild animals. The criminal justice process also at this period are solely lies on the hand
of the rulers and his advisers.

THE NAME OF POLICE DURING SPANISH PERIOD

1. Guadrillos
2. Carabineros
3. Cuerpo de Vigilnacia
4. Guardia Civil Veterana

OTHER PERTINENT FACTS REGARDING THE HISTORY, CREATION AND

DEVELOPMENT OF THE POLICE IN THE PHILIPPINES

 December 10, 1898- the Spanish Government ceded the Philippines to the U.S.
 May 4, 1899- the Schurman offers to Aguinaldo a plan of self- government. One
important point is the self-policing system in the Philippines.
 January 21, 1901 – the Department of Public Instruction was created. The DPI
becomes the basis for the United States to create the Western Police Districts (WPD)
to police the Manila.
 July 31, 1901- Act No. 183 was passed. This act is the law that created the WPD. The
first chief of police for Western POlice District is Capt. GEORGE EASTMAN CURREY.
 MARCH 20, 1917- The Revised Administration code of the Philippines was
approved. Under Sec. 2275, Book III, Title IX provided for the creation of policemen
in any city or municipality thru the approval of the Provincial Governor of a town is
infested with:
o A. outlaws; b. lawbreakers; and c. suspicious looking characters.
 January 2, 1942- WPD was captured and re-named METROPOLITAN
CONSTABULARY by the Japanese imperial Army.
 1944- The Philippines was liberated. All police forces were again under the control
of the U.S Army. WPD was again reconstituted under the leadership of COL. MARCUS
ELLIS JONES.
 R.A 541 – a law that created to improved the Police Service by the Congress.
 R.A 4864- the Police Act of 1966
 Proclamation 1081- Martial law
 PD 765- The Integrated National Police (INP) Law
 R.A 6975 – The Philippine national Police ( PNP) Law
 R.A 8551- The PNP Reorganization and Reform Law

OTHER EVENTS RELATED TO PHILIPPINE POLICING

 When the American Military Commander of the Philippines, upon instructions from
the president of the United States of America on July 4, 1901, turned over the government
to civilian authorities. The Philippine American war had not yet ended. To meet this
situation, the Governor General ordered the formation of an INSULAR POLICE
FORCE( meaning a National Police Force) on August 8, 1901 by virtue of Act 175,
Philippine Commission under CAPT. HENRY T. ALLEN. Initially, 74 American officers were
appointed to man.by 31, December 1901, the number grew to 180. To reinforce the
American officers, Filipinos, deliberately selected from various ethnic groups were
organized as scouts. In 1905, a three- month course was offered at Sta. Lucia Barracks in
Intramuros for Filipino recruits to be trained as officers in the Insular Police Force. In 1917,
the Revised Administrative Code changed the name of the Insular Police Force, while
external security was provided by the US government.
From this period up to Martial Law, Philippine Constabulary undergoes several
reforms .But the most noted is that , the Philippine Constabulary by virtue of integration
which effected on August 8, 1975 become the nucleus of the INP. The PC, for one, seeks to
enforce the law and maintain PEACE AND ORDER, perform home defense responsibilities
in rear areas in time of emergencies and perform such other functions as may be directed
by the competent authorities.

On the other hand, the PNP ( Police, fire and jail services) strives to:
1. PROTECT LIVES AND PROPERTY;
2. ENFORCE LAW AND MAINTAIN PEACE AND ORDER;
3. PREVENT CRIMES;
4. EFFECT THE ARREST OF CRIMINAL OFFENDERS AND PROVIDE FOR THEIR
DETENTION
AND REHABILITATION;
5. INVESTIGATE THE COMMISSION OF ALL CRIMES AND OFFENSES;
6. BRING OFFENDERS TO JUSTICE
7. TAKE MEASURES TO PREVENT SND CONTROL FIRES;
8. TAKE ALL NECESSARY STEPS TO INSURE PUBLIC SAFETY.

 THE POLICE AS FIRST PILLAR OF THE CRIMINAL JUSTICE SYSTEM

The police being the first major components in the operation of the criminal justice
system are responsible for accomplishing the following functions;

a. Prevention of crimes;
b. Enforcement of laws, Decrees and Ordinances
c. Protection of life and property from criminal attack
d. Preservation of peace and order
e. Safeguarding of the rights of other

The Role of Police in Criminal Justice System

Basically, the role of police in any community is CRIME PREVENTION. AS the most
visible components of governmental authority, the presence of uniformed policemen
constantly patrolling the neighborhood gives a psychological feeling of security to the
law abiding citizen, but a feeling of fear to the would be violator. Simply ,
PEACEKEEPING is the ultimate goal of LAW ENFORCEMENT.
The Policemen, in the performance of his multifarious task is responsible for
bringing all law violators in court, but while doing so, he is compelled to observe their
constitutional rights. Thus, it can be observed that the police INITIATE the criminal
justice process by the arrest of the law violator, the police is the PRIME MOVER of the
CJS, that without the police the system is at STANDSTILL.
 THE EXERCISE OF POLICE DISCRETION

Conceptually, DISCRETION is the wise use of one`s judgment, personal experience

and common sense to decide a particular situation. Aside from the wise use of
discretion, the police are further trained on self-discipline and self-reliance. The police,
specifically policemen on the beat works alone. He has no one to rely upon when
confronted a puzzling situation. Hence, he must be a DECISION- MAKER.

1. LAW ENFORCEMENT PILLAR- installed at the forefront of the CJS, being the
initiator of the CJS process, the police or law enforcement pillar is made up of mainly
the Philippine National Police, National Bureau of investigation, and the Philippine
Drug Enforcement Agency(PDEA). The main function of the police are :

a. law enforcement
b. order maintenance
c. control of crime
d. safeguarding of lives and properties
e. investigation and detection of crimes
f. arrest and apprehension of suspects
g. helps in the prosecution of criminals
h. keeping peace and insuring public safety.

Police processes: A major chain in the CJS:

a. CRIME DETECTION
-There are several ways in which crimes come to the attention of the police:
1. Receipt of citizen complaints or calls for assistance.
2. Receipts of signals from alarm devices
3. Observation of officer on patrol

b. CRIME INVESTIGATION– it is the police activity directed toward the

identification and apprehension of alleged criminals

Activities:

1. Preliminary/initial investigation-is the initial beginning phase of a systematic

inquiry into an alleged crime.
2. Follow up investigation-is an extension or continuation of the preliminary
investigation will determine if available information and evidence is legally
admissible in court.
3. APPREHENSION OF SUSPECTS - an arrest is made by an actual restraint of a
person to be arrested, or by his submission to the custody of the person
making the arrest.

Warrant of arrest- it is an order in writing issued in the name of the people of the
Philippines, signed by judge and directed to peace officer, commanding him to take a
person into custody in order that he may be bound to answer for the commission of an
offense.

Search warrant- it is 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 describe therein and bring it before the court(RoC Rule
126 sec. 1)
Probable cause- refers to such facts and circumstances that would lead a reasonably
discreet and prudent man to believe that an offense has been committed and that the
object sought in connection with the offense are in the place sought to be searched.

Validity of search warrant – a search warrant shall be valid for ten days from its date.
Thereafter it shall be void(Rule 126 sec 10)

4. CASE PREPARATION- this is the process of bringing together in an organize and

logical manner all evidence collected during the investigation of a crime and
present it to the prosecutor.

Government law enforcement Agencies in the Police pillar

The executive branch of the government is responsible for executing the laws of the
land. In the process of enforcing them, the agencies, bureaus and departments under it are
involved as part of the police pillar which includes the following:
1. Philippine National Police
2. National Bureau of investigation
3. Philippine Drug Enforcement agency
4. Bureau of internal Revenue
5. Bureau of Immigration- an attached agency under the department of Justice, is
tasked to enforce immigration laws.
6. Land Transportation Office- regulates land transportation industry and enforce land
transportation laws.
7. Bureau of Customs- under the department of finance is tasked to enforced the
immigration laws and tariff duties in all Philippine airports and seaports
nationwide.
8. Food and drug Administration- enforces and regulates manufacture of food and
drugs.
9. Philippine Coast Guard
10. Philippine aviation security command
11. Maritime industry authority- regulates the maritime and shipping industry
12. Bureau of Forest Development
13. Bureau of Fish and aquatic resources
14. Air Transportation Office
15. Department of environment and Natural resources-operates against anti- illegal
logging.
16. DFA
17. Bureau of internal revenue- enforces tax laws and regulations.

THE PROSECUTION PILLAR (FISCAL)-

Within the Philippine legal context, the prosecutor ( formerly known as fiscal)
occupies a unique position in the criminal justice system. Serving as the lawyer of the
state/ government. In criminal cases, the prosecutor is automatically considered an officer
of the court; and at the same time, the prosecutor is formally a member of the Department
of Justice, under the Executive branch of Government, and thus, independent from
JUDICIARY nor COURT PILLAR.

THE PROSECUTOR AND THE POLICE

The prosecutor, like the police has wide latitude of DISCRETION. In fact, in the most
cases, the prosecutor has absolute, unrestricted discretion in the performance of his
duties. Prosecutorial discretion typically enters the picture immediately after the arrest,
when police investigative reports are forwarded to the prosecutor for review.
 The prosecutor screens and evaluates the document in order to decide whether to
accept or reject the case for prosecution. Hence, the action for prosecution is dependent
upon the initiatory action, whereby the criminal justice system relies on :
a. the certainty of arrest by the police
b. the certainty of conviction by effective prosecution
c. the certainty of appropriate sentencing by the court

THE PROSECUTORIAL DUTY

The effectiveness of the prosecutor is dependent upon the immediate and full
cooperation of the arresting officers so that case could receive immediate prosecution
action.
Because of an immediate working relationship between police and prosecutor, this
gives the prosecutor an opportunity to be involved in the investigative process in order to:

1. Evaluate the legal strength of the case

2. Review the action taken by the police while the facts are still fresh
3. Make better and informed decisions concerning the states course of action.

Nevertheless, inspite of such safeguards, the strong desire in an individual

Prosecutor for financial comfort, coupled with presence of the following discretionary
prosecutorial opportunities is a tempting inducement to commit misconduct:

1. deciding whether to prosecute 4. Dropping multiple counts

2.Terminating Prosecution thru Nolle 5. Making sentencing recommendations
3. Prosecuting on reduced charges 6. Plea bargaining

On the other hand, if the prosecutor decides to accept the case, he issues
A complainant/ information upon which the suspect is arraigned before a judge. This
Is also known as selective prosecution because, the prosecutor does not have the
Option to select but more so influenced by the following favorable legal factors to
Attain conviction;

a. The legal strength of the case

b. The suspect is in factguilty
c. The willingness of the witnesses to testify
d. The likelihood that the prosecutor can legally proved the defendant`s guilt

MOST COMMON TERM USED IN PROSECUTION PILLAR

1. Nolle--is request made by the prosecutor to the court for approval to terminate
further criminal prosecution against the suspect.
2. Arraignment is a legal mechanism whereby the accused is brought before the court
wherein the clerk of the court reads the complaint against him in the presence of his
lawyer, the prosecutor in which the accused has to pronounce his plea.
3. Plea-Bargaining the process of discussion between the defense counsel and
prosecutor aimed at reaching an arraignment whereby the prosecutor uses
discretion to obtain from the judge a lighter sentence in exchange for the
dependents entering as guilty plea.
4. Complaint is a sworn statement charging a person with an offense, subscribed by the
offended party, any peace officer or public safety officer charge with the enforcement
of the law.
5. Information-is a formal written accusation made by the prosecutor and files in court,
alleging that a specified person has committed a specific offense.
6. Preliminary Investigation-- is aninquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well founded belief that a crime
 cognizable by the Regional Trial court has been committed and the
respondents probably guilty hereof.
7. Prosecution-is made up mainly the State Prosecutors in the national, regional and city
or provincial level and the National;

AGENCIES INVOLVING PROSECUTORIAL TASK

1. The National Prosecution Service [NPS]

3. Office of the Ombudsman
4. Judge Advocate General`s Office

- Determine the probable cause, the prosecution pillar is made up mainly the State
Prosecutors in the national, regional and city or provincial level and the National;
Prosecution service under Department of Justice. It s main functions are the following :

a. conducts inquest procedure.

b. determine probable cause through preliminary investigation,
c. Issues subpoena
d. administers oath
e. recommends the dismissal and or filing of criminal charges
f . Prosecute criminals and represents the State in all criminal proceedings.

Prosecution- it occupies the second pillar in the CJS. It has the burden of proving the
guilt of the accused in a formal criminal proceedings.

Preliminary investigation- is an inquiry or proceeding for the purpose of determining

whether there is sufficient ground to engender a well founded belief that a crime
cognizable by the Regional Trial court has been committed and the respondents probably
guilty hereof.

Purposes of Criminal investigation:

1. to protect the innocent against hasty, oppressive and malicious prosecution.

2. To secure the innocent from open and public accusation of trial, from trouble expense
and anxiety of a public trial
3. To protect the state from useless and expensive trials.

Procedures of Preliminary Investigation:

1. Filing of a sworn complaint-affidavit together with supporting documents.

2. No ground to continue with the inquiry dismissal of the complaint; with ground to
continue with inquiry-subpoena respondents.
3. Submission by the respondents of sworn counter-affidavit within 10 days from the
receipt of subpoena.
4. investigating officer may set a hearing to profound clarificatory questions.
5. Thereafter the investigating officer issues the resolution within 10 days to the
provincial city prosecutor/Chief state prosecutor.
6. city provincial prosecutor/chief state prosecutor acts on the recommendation
within 5 days.

Officer authorized to conduct Preliminary Investigations:

1. Judges of the Municipal Trial courts

2. Judges of the Municipal Circuit Trial courts
3. National and Regional State prosecutors
 4. Provincial and City Prosecutors
5. Such other officer that may be authorized by law.

Inquest procedure – is an inquiry made by the prosecutor to determine the legality of the
arrest made especially those arrests made without warrant.

Prosecutorial discretion-is the prudent use of judgment exercised by the investigating

fiscal or prosecutor in determining the existence of probable cause during preliminary
investigation.

Complaint-is a sworn written statement charging a person with an offense, subscribed by

the offended party, any peace officer, or other public official charge 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 with the court.

THE COURT PILLAR(CENTER PILLAR)

Situated between the prosecution and correction, the court is the CENTERPIECE of
the five pillars of the criminal justice system. As such, the court performs, perhaps the most
important role in the administration of the criminal justice because;

a. It is the court that everyone turns for justice;

b. It is responsible for applying the criminal law against the offender who
commit crimes, at the same time protecting the same law violators
from the violations of their rights by criminal justice agents.

Judicially, as the third pillar of the criminal justice system, the court is looked upon
as;
1. The final arbiter for justice;
2. The front line defender of democracy, freedom and human dignity;
3. The only institution capable of identifying and maintaining the proper balance
between conflicting rights of individual and those of the state & society.

Since the very object of the court is to put an end to litigation and cases should be
disposed on one way or another to unclog court dockets, the act reorganizing the judiciary
was enacted. This is known as the JUDICIARY REORGANIZATION ACT OF 1980( known as
BP Blg. 129). This law provides for the reorganization of all the courts except the Supreme
Court, the Sandigangbayan and the Court of Tax Appeals. The new courts created under this
act are:

1. The Intermediate Appellate Court – in lieu of the Court of Appeals

2. Regional Trial Court ( RTC)- in lieu of Court of First Instance, Circuit Criminal
Courts, Juvenile and Domestic Relation Courts, and Court of Agrarian Relations .
3. Metropolitan Trial Courts- in lieu of City and Municipal Courts in Metropolitan
Area.
4. Municipal Trial Courts ( MTC) and Municipal Circuit Trial Courts ( MCTC)- in lieu
of City and Municipality, which do not form part of a metropolitan area.

Prior to the enactment of BP Blg. 129, indiscriminate filing of cases in the court of
justice was noted. In order to relieve the court of docket congestion causing deterioration
in the quality of Justice, a decree establishing system of amicably settling disputes at the
barangay level was created known as the KATARUNAGANG PAMBARANGAY under
Presidential Decree 1508. Its objectives are as follows:
 1. To obtain just, speedy and Inexpensive amicable settlement of disputes at the
barangay level;
2. To preserve and develop Filipino culture;
3. To strengthen the family as a basic social institution.

Composition:

a. Barangay Captain as Chairman

b. Not less than 10 nor more 20 members of the LupongTagapagkasundo (
conciliation panel).
c. 3 members for the PangkatngTagapagkasundo to be chosen by both parties as
members as mediators in amicable settlement.

Subject Matter for Amicable Settlement:

All disputes may be subject of proceeding for amicable settlement, except:

a. Where parties involve reside in barangay of different cities or municipalities
unless such barangay adjoin each other;
b. Where disputes involve real property located in different cities and
municipalities;
c. Where one party is the government or any subdivision or instrumentality thereof;
d. Where one party is a public officer or employee and the disputes relates to the
performance of his official functions;
e. Offenses punishable by imprisonment exceeding 30 days or a fine exceeding
P200.00 ( now 1 year or a fine exceeding P5,000.00).
f. Offenses where there is no private offended party;
g. Such other classes of disputes which the President, may in the Interest of Justice,
determine upon recommendation of the DOJ & Local Government.

Venue for Settlement:

The place of settlement shall be subject to the following rules;

1. Where the parties resides in the same barangay, the disputes shall be settled in
the same barangay;
2. Where parties resides in different barangay in the same city or municipality, the
dispute shall be settled in the barangay in the same city or municipality, at the choice
of the complaints;
3. disputes involving real property shall be brought for settlement in the barangay
where the real property or any part thereof is situated.

THE REPUBLIC ACT 7691

This is the Act that expanded the jurisdiction of Metropolitan Trial Court, Municipal trial
Court and Municipal Circuit trial Court.
a. Criminal Jurisdiction of the metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts has been increased to cover offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine. A a
consequence, the RTC`s have no more jurisdiction over offenses committed by
public officers and employees in relation to their office where the offense is
punishable by four(4) years and two (20 months up to six( 6) years.
b. In cases, where the only penalty provided by law is a fine, the MTC`s, MCTC`s, and
MTC`s shall have jurisdiction if the fine imposed is not more than P 4,000.00.
c. This rule does not apply to offenses involving damages to property through criminal
negligence irrespective of the amount of imposable fine. Such offenses are under the
exclusive jurisdiction of the MTC`s, MCTC`s and MTC`s.
THE REPUBLIC ACT 8493 ( The Speedy Trial Act)

This act was enacted to ensure speedy trial of all criminal cases before the Sandigan
Bayan, Regional Trial Court, Metropolitan Trial court, Municipal Trial Court, Municipal Trial
Court and Municipal circuit Trial court. Under this Act, the following section gives on the
speedy revolution of cases.
a. Section 2.- Mandatory Pre- trial in Criminal Cases.
After an arraignment, it is mandatory for the judge to issue an order for the
pre-
trial conference to consider the following:
a. Plea Bargaining
b. Stipulation of facts, Admission of Facts and documents to avoid unnecessary
proofs.
c. Markings of identification of evidence of parties.
d. Waiver of objection to admissibility of evidence.
e. Such other matters that will promote fair and expeditious trial such as;
1. simplification of issues
2. limitation of numbers of witnesses

b.Section 3- Time limit of trial

In criminal cases except those subject to the Rules on Summary Procedure or when
the penalty prescribed by law does not exceed six months imprisonment or a fine of P
1,000.00, the case is scheduled for continues trail on a weekly or other short term trial
calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire
trial period exceed one hundred and eighty days (180) from the first day of trial except
otherwise authorized by the Chief Justice of the Supreme Court.

c. Section 7.- Time Limit Between filing of Information and Arraignment and Between
Arraignment and Trial.

a. Arraignment of accused shall be within 30 days from the filing of

information
or from the date the accused appeared before the court.
b. If pleaded not guilty, the accused shall have at least 15 days to prepare for
trial.
c. trial shall commence within 30 days from arraignment as fixed by court.

d. Section 3.- Time and Limit Following an order of New trial

If the accused is to be tried again following an order of the court for new trial, the
trial shall commence 30 days from the date the order of new trial becomes final, except
when the court retrying the case may extend such period, but not exceed 180 days from the
date of the order for New trial.

Ground to consider for New trial;

a. That error of law or irregularities has been committed during the trial prejudicial
to the defendants.
b. That new material evidence has been discovered.

Court pillar - The centerpiece of the CJS and the final arbiter of the law, the Courts are
made up of the Supreme court and such other inferior courts in the land such as the
court of Appeals, Regional trial courts, city and municipal trial courts. Its main functions
are the following:

a. issues search and warrants

 b. conduct preliminary investigation
c. conduct arraignment
d. Pretrial and trial proper
e. renders judgment
f. adjudicate penalty and sentencing
g. resolves appeals cases, legal issues and controversies.

Court is also a government institution which decides disputes between citizen and
between citizen and government.

Jurisdiction- the power to try and decide or hear and determine a cause.

Venue-the site or location where the case is to be tried on the merits.

Judgment-it is the adjudication by the court that the accused is guilty of the offense charge
and the imposition of proper penalty provided for by the law against the accused.

Administration of justice- refers to the determination of the facts of the case based on
submitted evidence and the application of laws to such facts as presented by evidence to
settle and decide a case.

Composition of Philippine courts:

Regular courts

1. Supreme court
2. Court of Appeals
3. Regional Trial courts
4. metropolitan trial courts
5. Municipal Trial Courts
6. Municipal trial Courts in cities
7. Municipal Circuit trial courts

Special Courts:

1. Sandigan Bayan
2. Court of Tax Appeals
3. Shari’a district courts
4. Shari’a Circuit courts

Collegiate course:

1. Supreme court
2. Court of appeals
3. Sandigan Bayan
4. Court of Tax appeals

Lower courts:

1. Court of appeals
2. Sandiganbayan
3. court of tax appeals
4. Regional trial courts
 5. Metropolitan trial courts
6. regional trial courts
7. Municipal trial courts in cities
8. Municipal circuit trial courts
9. Shari’a disctrict courts
10. Shari’a circuit courts.

THE CORRECTION PILLAR-

The term Correction could mean two separate meanings. First, it is the institution
that provides community’s official reaction to a convicted offender, such institution is a
branch of the administration of criminal justice, charge with the responsibility for custody,
supervision and rehabilitation of the convicted offender.
Second, it is a study of methods that have been and are employed for the punishment
and deterrence of such behavior and a study of efforts to accompany the punishment with
measures that are intended to change or correct offenders. Both definitions come from the
meaning of Penology, which means, a part of the science of criminology which
scientifically studies the principle of punishment and the management of prisons,
reformatories and other confinement units. The birth of penology is also considered
the birth of a humane approach in the administration of justice.
Correction stands as the fourth pillar of the components of our criminal justice
system. Where some people viewed it as the weakest pillar among the pillars of criminal
justice. This is due to an assumption that correctional institutions cannot rehabilitate
offenders, which is manifested through the increase of criminalities and recidivism.
But, the fact is nobody wants nor loves to be imprisoned, nobody wants their
freedom be curtailed. If one commits a crime we scientifically explain it why he
commits crime, and not allege that it is due to some failure of our criminal justice
system, that pushes the individual to commit crime.
Correction denotes its concern and operates as society’s primary formal dispenser
of punishment. Corrections, however, is more than simply a nice term for punishment.
The root of the word implies and focuses on correcting a problem or series of problems in
society. It has come to stand for a broad category of activities ranging from the
incarceration of offenders, to assisting ex-offenders in securing employment and education
in the community to provide assistance for the victims of crimes. These systematic and
organized efforts directed by society that punished offenders, protect the public from
offenders, change the offender’s behavior, and in some cases compensate victims. Thus,
evolving within the milieu of social control that keeps to work though the ambit of social
justice where its insights is located to keep at pace the norms of human behavior in
particular and social norm in general.

Correction assumes custody and rehabilitation of convicted criminals. It main

functions are the following:
a. Custody of the convicts
b. Isolation and confinement
c. Treatment, reformation and rehabilitation
d. Reintegration and preparation for the release of prisoners.

Correction is entrusted for the custody and safekeeping and rehabilitations of all convicts
so that the ends of justice are achieved.

Correction- refers to the confinement and treatments of adult offenders and juvenile
delinquents.

Corrections occupy the fourth pillar of the CJS, which is mandated to provide and effective
and humane treatment, reform and rehabilitation programs in accordance with the rules
set by the Constitution and UN rules standard for the prevention of crime and the
treatment and rehabilitation of offenders in the Philippines.

Purpose of Correction

1. PUNISHMENT- synonymous to correction, particularly in cases that involve

Serious crimes. Every wrongful act committed there is always a law providing for
Its punishment.
2. DETERRENCE - next in importance as a meaningful principle of corrections. This is
done in
order that others are deterred to commit crimes, 7 no one must imitate the said act.
3. ISOLATION- is simply another form of incarceration . this is the principle of separating
the
rotten apples from the good apples to prevent contamination.
4. REHABILITATION- is another goal of correction, which lately received attention because
of
the new perspective of penology. Once the offender`s problem are diagnosed and
classified
for treatment, the offender can be corrected by the right psychological or physical
therapy,
counselling, education or vocational training.
5. REINTEGRATION- is the latest philosophical basis for corrections wherein the offender
is reintroduced to the free community.

Social justification of Penalty

1. Prevention – the state must punish the criminal to prevent or suppress the danger
to the state arising from the criminal acts of the offender.
2. Self- Defense – the state has a right to punish the criminal as a measure of self-
defense so as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in criminal cases is to correct and reform
the offender.
4. Exemplarity – the criminal is punished by state as an act to deter others from
committing crimes.
5. Justice – that crime must be punished by the state as an act of retributive justice, a
vindication of absolute right and moral violated by the criminal.

Purpose of Penalty
1. Retribution or Expiation – the penalty is commensurate with the gravity of the
offense as a matter of payment for the damage done.
2. Correction or Reformation – as shown by the rules which regulates the execution
of the penalties consisting in deprivation of liberty, thereby giving chance for his
reformation.
3. Social Defense – as shown by its inflexible severity to recidivist and habitual
delinquents. Society must provide the welfare of the people against any disorder in
the community.

TYPES OF CORRECTIONS

1. CONTEMPORARY CORRECTIONS. – Also known as traditional type of correction and

institutional correction. This type of correction is being carried by housing the convicted
defendant in an institution to carry out the meted punishment such as imprisonment.

The following are institution that caters the following prisoners:

 1. Bureau of Jail Management and Penology (BJMP)- for prisoners whose sentence
are one(1) day to six(6) months.
2. Provincial Jail- for prisoners whose sentence are more than six( 6) months but not
more than three (3) years.
3. National Prison ( New Bilibid Prison or NBP) under the Bureau of Corrections
( BUCOR)- for those prisoners whose sentence are more than three(3) years and
above. This includes execution of all prisoners sentenced to death.

2.COMMUNITY BASED-CORRECTIONS. This is more known as Non- Institutional type of

correction. This type of correction is being carried out by virtue of the following laws.
1. PD 603 ( The Child and Youth Welfare Code)
2. PD 968 ( The Adult Probation Law)
3. Release on Recognizance. This is an obligation or record, entered before lower
court or magistrate duly authorized by law to release an accuse after arrest or conviction,.
With the condition, especially in criminal case, for the appearance of the accused once
needed.

Purpose of modern correction;

1. Retribution- under the Philippine penal law , the basis of a criminal liability is
human free will and the purpose of punishment is retribution.
2. Deterrence- the state wants to protect the society by reducing the crime and
isolating and segregating criminals through imprisonment.
3. Isolation- segregation criminals from society are aimed at preventing the
occurrence of crime and protecting public from harm, which criminals may inflict.
4. Reformation-this involves the use of punitive and disciplinary measures such as
solitary confinement, to modify or reform criminal behavior.
5. Rehabilitation- rehabilitation I s based on the premise that through correctional
intervention (educational and vocational training )
6. Reintegration-the effort of correction to change criminal behavior should result in a
situation and ability on the part of the penitent offender.

Agencies involve in correction in the Philippines:

1. Bureau of Correction-an agency under the Department of Justice tasked with the
treatment and rehabilitation of National Prisoners.

Prisons under Bureau of Correction:

a. Sabayan Prison and Penal Farm- located at Sablayan Occidental Mindoro,

established on September 26, 1954
b. Leyte regional Prison-situated in Abuyog Leyte established a year after the
declaration of martial law in 1972.
c. The New Bilibid Prison-situated in Muntinlupa City
d. Correctional Institution for Women-located at Mandaluyong Metro Manila
e. Iwahig Penal Colony- Located at Puerto Pricesa Plawan. It is known as Prison
without walls.
f. San ramon Prison and Penal farm-Loacted in Zamboanga city in memory of
the late Governor General Ramon Blanco
g. Davao Penal Colony- Loacted in Tagum davao del sur

2. Bureau of Jail Management and Penology- It is also known as Jail Bureau was
created as a distinct and separate line bureau by virtue of republic act 6975,the
DILG act of 1990.

3. Provincial Jail- is under the supervision of Provincial government.

THE MOBILIZED COMMUNITY PILLAR

COMMUNITY –is the fifth pillar of the criminal justice system. In actual perception, the
government refers to the MOBILIZED COMMUNITY, which energized to help the authorities
in effectively addressing the law and order concern of the citizenry. This is due to the fact
that CRIME PREVENTION IS EVREYBODY`S CONCERN.

The Two- Fold Role of the Community Pillar

1. It has the responsibility to participate in law enforcement activities by being

partners of the peace officers in reporting the crime incident, and helping in the
arrest of the offender.

2. It has the responsibility to participate in the promotion of peace and order through
CRIME PREVENTION or deterrence and in the rehabilitation of convicts and their
reintegration to society. REHABILITATION takes place when the convict is serving
his sentence. On the other hand a convict may be paroled or may even be placed on
suspension of sentence.

Aside from the two- fold role, the following are the responsibility of the community
as pillar of the criminal justice system:

a. By identifying offenders
b. by providing the law enforcement agency regarding data on illegal activities and
cohorts of the criminal.
c. By preventing the proliferation of organized crime and syndicate
d. Volunteering as witness
e. Adapting precautionary and remedial measures to diminish crime.

Participation of the COMMUNITY in Criminal Justice System

Under the Philippine concept of a participative criminal justice system in the

Philippines, public and private agencies as well as individual citizens, become part of the
CJS when they participate and actively involve with issues and activities related to CRIME
PREVENTION.

Thus, citizen- based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of
the convict who shall be released from correction pillar into the mainstream of society.

THE CITIZEN`S ARREST

Arrest may be effected WITH OR WITHOUT WARRANT. Warrant less arrest

may be effected by peace officers as well as private individual in any of the following
circumstances:

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 in fact just been committed, and he has personal knowledge of
facts indicating that the person to be arrested has committed it; &
 c. When the person to be arrested is a prisoner who has escaped from a penal institution
or is temporarily confined during the pendency of the case, or has escaped while being
transferred
from one confinement facility to another.

AGENCIES THAT COMPRISES THE COMMUNITY PILLAR

1. DEPARTMENT OF SOCIAL WORK AND DEVELOPMENT

2. NATIONAL ECONOMIC DEVELOPMENT AUHTORITY
3. BUREAU OF LOCAL GOVERNMENT SUPERVISION
4. PHILIPPINE PUBLIC SAFETY COLLEGE
5. PHILIPPINE INFORMATION AGENCY
6. DANGEROUS DRUG BOARD
7. NON-GOVERNMENT ORGANIZATIONS
8. PEOPLE`S ORGANIZATIONS
9. Other government agencies, institutions and programs whose principal functions
are geared toward the promotion of socio- economic welfare.

- Considered as the informal pillar among the five subsystem of CJS. The community is
considered as the largest component of the CJS. It is made of of the various agencies in
the public especially the local government units and the private sector especially the
non government organizations. It s functions in the CJS are the following:
a. Participation in the police disciplinary mechanism through the PEOPLE”S Law
Enforcement Board(PLEB).
b. Participation in the settlement of dispute through the Katarungang pambarangay or
Lupons.
c. ParticipaTION IN THE Law enforcement and policing through police community
partnership in crime prevention, investigation and deterrence.

Enhancing Crime prevention Strategy through sustainable Community development:

a. Role of the home or family
b. The school
c. The Church
d. The Media
e. The barangay
f. Community group services
g. Non Government ozrganizations

OTHERS TERMS IN CRIMINAL JUSTICE SYSTEM

 ACTUS REUS – guilty act
 CONCURRENCE- the fusion of intent and conduct
 CRIME CONTROL MODEL – assumes that repression of criminal behavior is the
most
important function performed by the criminal process.
 DUE PROCESS MODEL- built upon concepts like the primacy of the individual and
the
limitation of official power, this model insists on a formal, adjudicative,
adversarial fact- finding process.
 FACTUAL GUILT- admission of criminal act with the corroborating observation or
testimony of someone.
 LEGAL GUILT- admission of guilt based on legality.
 MENS REA- guilty mind
 PENAL SANCTION- explains what may happen to people who misbehave.
 POLITICALITY- characteristic of substantive criminal law that assures citizens that
the
 law comes from a legitimate authority.
 PRESUMPTION OF GUILT- the orienting attitude toward those not excluded
because of
probable innocence.
 PROCEDURAL CRIMINAL LAW- it has two components: due process model and
crime
control model.
 SPECIFICITY- characteristic of substantive criminal law that provides citizens with
information about what behavior is required or prohibited.
 SUBSTANTIVE CRIMINAL LAW- deals with creating and defining behavior as
criminal.
 UNIFORMITY- law will be applied by the authority in an unbiased manner.
 CANON LAW- the ROMAN CATHOLIC church developed this to govern the church
and
the rights and obligations of her followers.
 CODIFICATION- ( WRITTEN LAWS) – gives civil law a revolutionary character and
written
format that adds to its separate identity among legal families.
 CORPUS JURIS CIVILIS- set the stage for subsequent law not only with Justinian`s
successors but eventually with Napoleon as proclaimed in 1804.
 CUSTOM- basis for building order and served to declare the proper relation
between
church and state.
 EQUITY- from the Latin aequus, meaning “ fair” or “ just”.
 FEUDALISM- under this system, a Lord provided vassals with land in exchange for
military and other services.
 IJTIHAD- a process in which Islamic law allowed jurists to interpret independently
the
Qur`an andSunna when deliberating case.
 INDIGENOUS LAW- the traditional obligations and prohibitions that a group of
people
requires its members to follow.
 ISSUES OF FACT- a factual issue is presented at face value and without authoritative
connotation.
 LEGAL TRADITION- refers to deeply rooted and historically conditioned attitudes
about things like the nature of law, the role of law in society, how a legal system
should be organized and operated, and the way law is or should be made, applied or
perfected.
 LEGAL SYSTEM- legal institutions, procedures, and rules.
 MARXISM- LENINISM- a basic tenet of this is that under communism the need for
law will wither away.
 MAZALIM- ( complaints courts) provided a way for the ruler to have criminal and
civil
cases settled without submitting to the rigid requirements of Shari`a.
 PRECEDENT- it means courts are expected to abide by decided cases.
 ROMAN LAW- the result of statutes, edicts of magistrates, and the interpretations
of jurists in Rome.
 RUSSIAN LAW- a series of private collections consisting of princely enactments and
secondarily, of customary and Byzantine law.
 SHARI`A- Islamic law which means” the path to follow”
 STARE DECISIS- reduces the inconsistent rulings by requiring judges to follow their
own prior decisions and the precedent’s of higher courts.
 SUNNA- the statements and deeds of the prophets.
 WRITTEN CODE- formal procedures enacted by a recognized authority.