CLJ 1: INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Prelim

CRIMINAL JUSTICE SYSTEM

- comprise all the means used to enforce those standards of conduct which

are deemed necessary to protect individuals and to maintain general community

well-being.

- The sum total of instrumentation which a society uses in the prevention and

control of crime and delinquency.

- The machinery of the state or government which enforces the

rules of

conduct necessary to protect life and property and to maintain peace and order.

-Comprises all means used to enforce these standards of conduct, which

are deemed necessary to protect individuals and to maintain general well-

being of the community.

- is the system of practices and institutions of governments directed

at

upholding social control, deterring and mitigating crime or sanctioning those who

violate laws with criminal penalties and rehabilitation efforts.

-is the machinery which society uses in the prevention and control of crime.

The process is the totality of the activities of law enforcers, prosecutors,

defense lawyers, judges and corrections personnel, as well as those of the

mobilized community in crime prevention and control.

Goals of Criminal Justice

1. to protect individuals and society

2. to reduce crime by bringing offenders to justice

3. to increase the security of the people

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest

2. Charging

3. Adjudication

4. Sentencing

5. Corrections

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1.) Law Enforcement/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.

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) Legislative/Law Enforcement - create and administer laws.

2) Courts - adjudication

3) Corrections - jail, prison, probation, parole

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Basis of the Criminal Justice System

Criminal Law is the basis that takes place in the Criminal Justice System.

Only violations of Criminal Law are being considered and processed in the

Criminal Justice System. Where no violation of Criminal Law or were

no

commission of the crime, in general, Criminal Justice as a process will

not

operate.
CRIMINAL LAW

Branch of public, which defines crimes, treats of their nature, and provides

for their punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW

A. SUBSTANTIVE

Defines the elements that are necessary for an act to constitute as a crime

and therefore punishable.

B. PROCEDURAL

Refers to a statute that provides procedures appropriate for the

enforcement of the Substantive Criminal Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF

THE CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES

A. First is the “presumption of innocence”. This means that those who are

accused of crimes are considered innocent until proven guilty. The accused

is entitled to all the rights of the citizens until the accused’s guilt has been

determined by the court of law or by the accused’s acknowledgment of his

guilt that he or she indeed committed the crime.

B. The second principle is “the burden of proof” which in criminal

cases

means that the government must prove beyond “reasonable doubt” that

the suspect committed the crime.

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused

shall be presumed innocent until proven guilty.

CONCEPT OF PROOF BEYOND REASONABLE DOUBT

In order to make sure that only those who are guilty of the crime
as

punished, our Rules on Evidence provides that the evidence, in order

to be sufficient to convict an accused for a criminal act, proof
beyond reasonable doubt is necessary. Unless his guilt is shown beyond
reasonable doubt, he is entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of

proof as,

excluding the possibility of error, produces absolute certainty. Moral certainty is

only required, or that degree of proof which produces conviction in

an

unprejudiced mind.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

CRIMINAL may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from

the time he or she committed the crime regardless whether or not it has

been reported to the Police for investigation.

2. In legal sense, a person maybe considered a criminal only upon

undergoing the judicial process and upon determination by the Court that

he or she is guilty beyond reasonable doubt.

3. In Criminal Justice sense, a criminal may be defined as one who has

undergone the process and went through all the pillars of the Criminal

Justice System.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING

PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM:

1. At the police stage, during investigation, he is referred to as the

SUSPECT.

2. At the Prosecutors office, during the determination of probable cause or

during the Preliminary Investigation, he is referred to as the

RESPONDENT.

3. At the trial of the case, when a case has been filed in Court, he is referred
to as the ACCUSED.

4. Once the Court has determined that the accused is guilty beyond

reasonable doubt as charged and the judgement has been rendered, he is

referred to as the CONVICT.

5. It is only upon undergoing all the process when the person has served the

sentence when he can really be considered as a CRIMINAL.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE

DISPENSED OF ABSOLUTELY

1. The absolute ability to identify the law violator

2. The absolute ability to apprehend law violator

3. The absolute ability to punish law violator

4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS

TO ADMINISTER JUSTICE:

1. The innocent is punished

2. The guilty escapes punishment

3. The guilty are punished more severely than necessary;

4. The guilty are punished less severely than necessary

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement

2. Prosecution

3. Courts

4. Correction

5. Community

The three components of the Criminal Justice System in the

United
States:

1. Law Enforcement

2. Courts

3. Corrections

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. The Law Enforcement, particularly the Philippine National Police (PNP) is

under the Department of the Interior and Local Government (DILG); while

the National Bureau of Investigation is an agency attached to the

Department of Justice (DOJ).

2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a

Constitutional body independent from even the three major and co equal

branch of the government;

3. The Courts, meaning the regular civil courts, including the

SANDIGANBAYAN and Special Criminal Courts, are under the Supervision

and control of Supreme Courts. Although, judges of the Municipal

Trial

Courts, Municipal Circuit Trial Courts, at times are tasked to perform

executive functions when they are conducting Preliminary Investigation

which is primarily an Executive function.

4. The Correctional Institutions are either under the DOJ or DILG.

- The Bureau of Prison or the National Penitentiary is under the DOJ;

- By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP)

is in charge of the City or Municipal Jails while the Provincial government is

in charge of the Provincial jails. Both are under the DILG.

PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM

1. Primary goals
a. Maintenance of peace and order

b. Protect members of the society

2. Secondary goals or sub-goals

a. Prevention of crime

b. The review of the legality of preventive and suppressive measures.

c. The judicial determination of guilt or innocent of those

apprehended.

d. The proper disposition of those who have been legally found guilty.

e. The correction by socially approved means of the behavior of those

who violate the criminal law.

f. The suppression of criminal conduct by apprehending offenders for

whom prevention is ineffective.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

1. The Adversarial Approach

The adversarial approach assumes innocence. The prosecutor

representing the State must prove the guilt. The adversary

approaches

requires that the proper procedures are followed, procedures designed to

protect the rights of the accused.

The adversary system embodies the basic concept of equal protection and

due process. These concepts are necessary in order to create a system in

which the accused has a fair chance against the tremendous powers of the

prosecutors and the resources of the State.

2. The Inquisitorial approach:

The inquisitorial system assumes guilt; the accused must prove that they

are innocent. The inquisitorial approach places a greater emphasis on

conviction rather than on the process by which the conviction is secured.

The philosophy adopted in our Criminal Justice System is the

Adversarial Approach.

CONCEPT OF DUE PROCESS OF LAW

The concept of due process means that those who are accused of the

crimes and those who are processed through the Criminal Justice System

must be given the basic rights guaranteed by the Constitution.

Criminal due process requires that the accused be tried by an impartial

and competent court in accordance with the procedure prescribed by law

and with proper observance of all the rights accorded to him under the

Constitution and applicable statute.

CONCEPT OF EQUAL PROTECTION

The equal protection clause in essence declares that the state may not

attempt to create or enforce statutes against a person solely because of

specific characteristics such as race, age or sex

I. LAW ENFORCEMENT – The First Pillar in the administration of the Criminal

Justice System

Law Enforcement in relation to CJS

The Law Enforcement as the first pillar is considered to be the “initiator”

or the “prime mover” of the Criminal Justice System. It is considered as “the

initiator of the actions” that other pillars must act upon to attain its goal
or

objective.

Examples of police initiating action:

a. effecting an arrest

b. surveillance

c. crime investigation

THE GENERAL FUNCTIONS OF THE LAW ENFORCEMENT IN RELATION TO

THE ADMINISTRATION OF THE CJS

a. To prevent criminal behavior.

b. To reduce crime.
c. To apprehend and arrest offenders.

d. To protect the life and property.

e. To regulate non-criminal conduct.

PHILIPPINE NATIONAL POLICE

-organized pursuant to RA 6975, as amended by RA 8551

PERTINENT LAWS ON PNP:

RA 6975 - “DILG Act of 1990” - Approved on Dec 13, 1990

RA 8551 - “PNP Reform and Reorganization Act of 1998.

- Approved on February 25, 1998.

RA 9708 - “An Act extending for 5 years the reglementary period

for complying the minimum educational qualification for appointment to
the PNP and adjusting the promotion system thereof”. Approved on August 12,
2009

The Philippine National Police is a law enforcement agency under the DILG. It is

under administrative control and operational supervision of the National Police

Commission. It is an organization that is national in scope and civilian

in

character, as provided by Section 6, Article 16 of the 1987

Philippine

Constitution:

“The state shall establish and maintain one police force which shall be national

in scope and civilian in character…”

-headed by the Chief, PNP, with the rank of Director General, appointed by

the President and who shall serve a term of office of four (4) years.

NATIONAL IN SCOPE

- means that the PNP is a nationwide government organization

whose

jurisdiction covers the entire breadth of the Philippine archipelago.

- all uniformed and non-uniformed personnel of the PNP are national government

employees.

CIVILIAN IN CHARACTER

- means that that the PNP is not a part of the military, although it retains some

military attributes such as discipline.

POWERS AND FUNCTIONS OF THE PNP

-Enforce all laws and ordinances relative to the protection of lives and properties;

-Maintain peace and order and take all necessary steps to ensure public safety;

-Investigate and prevent crimes, effect the arrest of criminal offenders,

bring

offenders to justice and assist in their prosecution;

-Exercise the general powers to make arrest, search and seizure in accordance

with the Constitution and pertinent laws;

-Detain an arrested person for a period not beyond what is prescribed by law,

informing the person so detained of all his rights under the Constitution;

-Issue licenses for the possession of firearms and explosives in accordance with

law;

-Supervise and control the training and operations of security agencies and issue

licenses to operate security agencies and to security guards and

private

detectives, for the purpose of their professions.

NATIONAL BUREAU OF INVESTIGATION

-The National Bureau of Investigation (NBI) saw its inception on November 13,

1936 upon

- approval of Commonwealth Act No. 181 by the legislature

-Tasked with organizing a Division of Investigation or DI patterned

after the

United States Federal Bureau of Investigation were Thomas Dugan, a veteran

American police captain from the New York Police Department and Flaviano C.

Guerrero, the only Filipino member of the United States Federal

Bureau of Investigation.
-On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the

Bureau of Investigation. Later, it was amended by Executive Order No. 94 issued

on October 4, 1947 renaming it to what it is presently known, the

National Bureau of Investigation (NBI).

-The NBI is a government entity that is civilian in character, and

national in scope which is under the Department of Justice.

FUNCTIONS OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines,

both on its own initiative and as public interest may require;

2. Assist, when officially requested in the investigation or detection of crimes

and other offenses;

3. Act as national clearing house of criminal records and other information

for use of all prosecuting and law enforcement entities in the Philippines,

of identification records of identifying marks, characteristics and

ownership or possession of all firearms and test bullets fired therefrom;

4. Give technical help to all prosecuting and law enforcement

offices,

agencies of the government, and courts which may ask for its services;

5. Extend its services in the investigation of cases of administrative or civil in

nature in which the government is interested;

6. Establish and maintain an up-to-date scientific crime laboratory

and

conduct researches in furtherance of scientific knowledge in criminal

investigation;

7. Coordinate with other national or local agencies in the maintenance of

peace and order;

8. Undertake the instruction and training of a representative number of city

and municipal peace officers at the request of their respective superiors

along effective methods of crime investigation and detection in order to

insure greater efficiency in the discharge of their duties.

POLICE RULES AND FUNCTIONS IN THE SOCIETY

Basically, the role of the police in society is crime prevention which is the main

goal of the CJS.

CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF CJS

Through crime detection, the police is typically the first component of the justice

system to deal with the commission of the crime.

How are crime detection usually happens?

The detection of crime usually occurs in the following manner:

a. The most typical way that crimes come to the attention of the police is for

the victim to report its occurrence to the police

b. A less typical way for the police to be advised of the crime is through the

reporting of someone who has witnessed its commission or has come upon

evidence indicating that a crime has been committed;

c. The police themselves, through their routine operations discover that a

crime has been committed or witness its commission

MEANING OF ARREST:

– Arrest is the taking of a person into custody in order that he may be

bound to answer for the commission of an offense.

IMPORTANCE OF ARREST IN THE ADMINISTRATION OF CJS

Arrest is important in the administration of Criminal Justice System

because if the accused is not arrested, the court will not acquire jurisdiction over

his person unless the person voluntarily surrenders himself to the authorities.

PROBABALE CAUSE IN EFFECTING ARREST

Probable cause with respect to arrest is such a fact and circumstances

which would lead a reasonably discreet and prudent man to believe

that an

offense has been committed by the person sought to be arrested.

SEARCH WARRANT

It is an order in writing issued in the name of the people of the Philippines

signed by the judge and directed to the peace officer, commanding
him to search for personal property and bring it before the court.

REQUISITIES FOR THE ISSUANCE OF WARRANT OF ARREST

A search warrant shall be issued only upon (a) upon probable cause (b) in

connection with one specific offense ( c) to be determined personally by

the

judge (d) after examination under oath or affirmation of the complainant and the

witnesses he may produce and (e) particularly describing the place to be search

and the thing to be seized.

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;

b. Stolen or embezzled and other proceeds, fruits of the offense; or

c. Use or intended to be used as the means of the commission of

the

offense.

GENERAL RULE IN EFFECTING AN ARREST:

The general rule in effecting an arrest is simply to make an arrest when

there is a warrant.

Reason:

a. For the protection of the person making the arrest in order not to
be

charged criminally for violation of Article 124 of the Revised Penal Code,

and other related penal laws;

b. and also for any civil and administrative charges.

EXCEPTION TO THE GENERAL RULE:

The exception to the general rule is provided by the Revise Rules

on

Criminal Procedures (Rule 113, Section 5)

Arrest without warrant; when lawful. – A peace officer or a private person

may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to

believe based on personal knowledge of facts or circumstances that the person

to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal

establishment or place where he is serving final judgment or is

temporarily

confined while his case is pending, or has escaped while being transferred from

one confinement to another.

GENERAL RULE IN EFFECTING SEARCH AND SEIZURE:

Just like arrest, the general rule in effecting a search and seizure is only by virtue

of a validly issued search and warrant.

The Reason:

a. For the protection of the searcher not to be charged of a crime of theft,

robbery and the like;

b. And for any civil and administrative liabilities

EXCEPTIONS:

a. Warrantless search incidental to a lawful arrest

b. Seizure of evidence in plain view

c. Search of a moving vehicle

d. Consented warrantless search

e. Customs search

f. Stop and frisk search, and

g. Exigent and emergency circumstances

EVIDENCE OBTAINED IN VIOLATION OF THE RULE ON ARREST

AND

SEARCH AND SEIZURE IS NOT ADMISSIBLE AS EVIDENCE AGAINST THE

ACCUSED

The evidence obtained is not admissible against the accused in any

proceedings. The rule not admitting any unlawfully obtained evidence against

the accused is referred to “the exclusionary rule” because the same is said to be
“the fruit of the poisonous tree”.

CRIMINAL INVESTIGATION
Is an art, which deals with identity and location of the offender
and

provides evidence of his guilt in criminal proceedings.

Importance of Criminal Investigation in the Administration of CJS

Criminal Investigation is important in the administration of the CJS

because one of the purpose of criminal investigation is to gather and preserve

evidence that will both justify their enforcement action in particular case as well

as enable the fact finding process of the courts and the prosecution of the case

successfully and obtain conviction.

Republic Act No. 7438, April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR

UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,

DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES

FOR VIOLATIONS THEREOF.

POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF CJS

As defined by Kenneth Culp Davis, discretion means the freedom to make

a choice among possible courses of action.

By the very nature of their work, police officers normally make critical

decisions involving the life, liberty, honor and property of citizens, and
these

requires discretion on their part.

SOME OF THE EXAMPLES OF POLICE DISCRETION:

a. Whether or not to enforce a specific law;

b. Whether or not to conduct search of people or building

c. Whether or not to effect an arrest;

d. To determine what charges are to be filed

II. PROSECUTION – The second Pillar of the Criminal Justice System

PROSECUTION AS A PILLAR OF THE CJS

The Prosecution as the pillar of the CJS simply means “a criminal action”. A
proceeding instituted and carried on by due course of law, before a competent

tribunal, for the purpose of determining the guilt or innocence of a

person charged with a crime.

It is also used to designate the government as the party to the proceeding

in a criminal action.

IN PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION?

In the Philippines, the prosecutor is the government officer, tasked

to

conduct the prosecution of criminal actions in court. The Revised Rules of Court

expressly provides that the prosecution has the direction and control of the case.

Although in the Municipal Trial Court or Municipal Circuit Trial Courts when

the prosecutor is absent, the offended party, any peace officer, or public officer

charged with the enforcement of the law violated may prosecute the case. But

such authority shall cease upon actual intervention of the prosecutor

upon

elevated to the RTC.

NATIONAL PROSECETION SERVICE (NPS)

The NPS is under the supervision and control of the Department of Justice (DOJ)

and is tasked as the prosecutorial arm of the government. Its most important

function in the Criminal Justice System is to maintain and recognize the rule of

law through the speedy delivery of services particularly in the investigation and

prosecution of all crimes under the Revised Penal Code, Presidential Decrees and

other special penal laws.

SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation

b. To make proper recommendation during the inquest of the case referred to

them by the police after the investigation of the suspect;

c. To represent the government or state during the prosecution of the case

against the accused;

d. To act as a legal officer of the province or City in the absence of its legal

officer;

e. To investigate administrative cases filed against State Prosecutors,

Provincial Prosecutors, including the support staff of the National

Prosecution Service (NPS).

PRELIMINARY INVESTIGATION:

It is an inquiry or proceeding for the purpose of determining whether there

is sufficient ground to engender a well founded belief that a crime has been

committed and that the respondent is probably guilty thereof, and be held for

trial (Section 1, Rule 112, Rules of Court).

PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION

a. To determine whether a crime has been committed and whether there is

probable cause to believe that the accused is guilty thereof;

b. To secure the innocent against hasty, malicious and oppressive

prosecution.

c. To protect the State from useless and expensive trials.

CAN THERE BE PRELIMINARY INVESTIGATION?

Preliminary Investigation is required to be conducted before the filing of

the Complaint or Information for an offense where the penalty prescribed by law

is at least four (4) years, two (2) months and one (1) day without regard to the

fine.

INSTANCE WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED TO BE

CONDUCTED EVEN IF THE CRIME IS ONE THAT REQUIRES PRELIMINARY

INVESTIGATION

When the offender was arrested without a warrant, an Inquest

investigation will be conducted by the inquest investigator. There is no need to

conduct Preliminary Investigation, unless the person arrested ask for Preliminary

Investigation. However, before the same can be done, he must sign a waiver

under the provision of Art. 125 of the Revised Penal Code.

An INQUEST shall refer to an informal and summary investigation

conducted by a public prosecutor in criminal cases involving persons arrested

and detained without the benefit of a warrant issued by the court for the purpose

of determining whether or not said person should remain under the custody and

correspondingly charged in court.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial or City Prosecutors and their assistants;

b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;

c. National and Regional State Prosecutors; and

d. Other officers as may be authorized by law.

OTHERS OFFICERS AUTHORIZED BY LAW TO CONDUCT

PRELIMINARY

INVESTIGATION:

a. The Ombudsman and special prosecutor ad prosecutors duly authorized by

the Ombudsman with respect to cases under its jurisdiction (ex. Anti-graft

and corrupt practices act.)

b. The COMELEC with respect to cases in violation of the Election Law;

c. Private Lawyers when duly deputized by any of the above.

PROSECUTOR’S DISCRETION:

a. Whether or not to file the case in court;

b. What charges to file;

c. Whether or not to decline to prosecute the arrested party;

d. Whether or not to enter into plea-bargaining

SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL

OF SOME CRIMINAL CASES:

a. Insufficient evidence that results from a failure to find sufficient

physical evidence that links the defendant to the offense.

b. Witness problem that arise for example, when a witness fails to appear,

gives unclear or inconsistent statements, is reluctant to testify, is unsure

of identity of the offender.

c. Due Process Problems that involves the violations of the Constitutional

requirements for seizing evidence and for the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST

CAUSE

DECLINE TO PROSECUTE A CRIME:

a. File a motion for consideration

b. File an administrative case against the Prosecutor;

c. File a civil case against the Prosecutor;

d. File a criminal case against the Prosecutor

MIDTERM

III. COURT – The third pillar of the Criminal Justice System

General functions of the Courts in relation of the CJS:

1. To protect the rights of the accused – the courts are responsible

for

reviewing the actions of law enforcement agencies to ensure that

the
police have not violated the rights of the accused;

2. To determine by all legal means whether a person is guilty of a crime –

review all the evidences presented by the police to determine its

relevance and admissibility in accordance with the Constitution and the

rules of Court;

3. To dispose properly of those convicted of the crimes – the Courts have the

responsibility to examine the background of the accused and the

circumstances of the crime;

4. To protect the society – after the accused has been found guilty, the court

may determine if the offender should be removed from society and

incarcerated in order to protect the safety of life and property and this is

specially in case of Probation;

5. To prevent and reduce criminal behavior –this is the task properly

imposing the proper penalty and sanctions that will serve to deter the

future criminal acts by the offender an also serve as an example

and

deterrent to others who would commit criminal acts or threaten public

safety.

IMPORTANCE OF THE COURTS IN THE ADMINISTRATION OF CJS:

Because the Court is the final arbiter of all disputes involving violations of

criminal law.

Basic is the principle in law that we are a government of law and that no

one should put the law into one’s own hand. Otherwise, our Society will be one

where chaos and anarchy reign supreme.

GENERAL FUNCTIONS OF THE COURTS IN RELATION TO THE CJS

1. To protect the rights of the accused. The courts are responsible for the

reviewing the actions of law enforcement agencies to ensure that the police have

not violated the rights of the accused.

2. To determine by all legal means whether a person is guilty of a crime.

Review all the evidences presented by the police to determine its relevance and
admissibility in accordance with the Constitution and the rules of court.

3. To dispose properly of those convicted of the crimes. The Courts have

the responsibility to examine the background of the accused and the

circumstances of the crime.

4. To protect the society. After the accused has been found guilty, the court

may determine if the offender should be removed from society and incarcerated

in order to protect the safety of life and property and this is specially true in case

of Probation.

5. To prevent and reduce criminal behavior. This is the task

properly

imposing the proper penalty and sanctions that will serve to deter the future

criminal acts by the offender and also serve as an example and deterrent
to

others who would commit criminal acts or threaten public safety.

JURISDICTION

It is the authority of the court to hear and try a particular offense and to

impose the punishment provided by law.

VENUE

Refers to the place, location or site where the case is to be heard on its

merits.

DIFFERENT COURTS

1. Municipal Trial Court/Municipal Circuit Trial Court/Metropolitan

Trial Court

Original Jurisdiction: (a) all violations of city and Municipal ordinances, (b)

all offenses punishable with imprisonment not exceeding six (6) years

irrespective of the amount of fine, (c) damage to property through

criminal negligence;
2. Regional Trial Court (RTC)

Original Jurisdiction: (a) those which carry the penalties exceeding six (6)

years of imprisonment, (b) those not covered by the jurisdiction of

the

Sandiganbayan.

3. Sandiganbayan

Original Jurisdiction: Violations of RA 3019 (Anti-graft and Corrupt Practices

Act), RA 1379, ad Chapter II, Section 2 Title VII, f Book II of the RPC.

1. officials of the executive branch of the government occupying the

positions of regional director and higher, otherwise classified as Grade 27

and higher.

2. Phillipine Army and Air force colonels, naval captain and all officers of

higher rank.

3. Officer for the PNP (provincial director and those holding the rank
of

senior superintendent or higher

4. Court of Appeals.

Appellate jurisdiction: Decisions or judgements of the RTC

5. Supreme Court

Appellate jurisdiction: Decisions or judgements of the CA and the

Sandiganbayan

COURT’S EXERCISE OF DISCRETION:

a. To set bail or set conditions for the release of the accused;

b. To rule on the procedural matters as raised by the defendant or

the

prosecutor during the trial;

c. To impose sentence or not;

d. To convict or to acquit the accused;

e. To revoke probation or suspended sentence.

ARRAIGNMENT

It is the stage where the issues are joined in criminal action and without

which the proceedings cannot advance further.

It is the stage of the proceedings whereby the accused shall be informed

of his/her constitutional right to be (officially) informed of the nature and the

cause of the accusation against him and to ask him of his plea.

JUDGEMENT

It is the adjudication by the court that the accused is guilty or not of the

offense charged and the imposition on him of the proper penalty

and civil liability, if any. It must be written in the official language, personally
and directly prepared by the judge and signed by him and shall contain clearly
and distinctly

a statement of the facts and the law upon which is based.

PROMULGATION OF JUDGMENT

The judgment is promulgated by reading it in the presence of the accused

and any judge of the court in which it was rendered. However, if the conviction is

for a light offense, the judgment may be pronounced in the presence

of his

counsel or representative. When the judge is absent or outside the province or

city, the judgment may be promulgated by the clerk of court.

WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT

THE

ACCUSED

The weight of the evidence required in order to convict an accused is

“Proof beyond reasonable doubt”

ACQUITTAL

It is a finding of not guilty based on the merits. Meaning, the accused is

acquitted because the evidence does not show that his guilt is
beyond

reasonable doubt.

APPEAL
Appeal is a statutory right granted to the accused or even the government

in proper cases to seek remedy before an Appellate Court for the annulment or

reversal of an adverse decision or conviction rendered by the Trial Court.

WHO HAS THE RIGHT TO APPEAL?

As a rule, this right is only granted to the convicted offender. However, the

Supreme Court in one of its landmark decision held that the right to appeal shall

not be denied to the government prosecutor when proper.

IV. CORRECTIONS –The fourth pillar of the CJS

Corrections – deals with punishment, treatment and incarceration of

offenders.

Corrections as the fourth pillar takes over the criminal treatment once the

accused, after having been found guilty, is meted out the penalty for the crime

he committed. He can apply for probation or he could be turned over to a non –

institutional or institutional agency or facility for custodial treatment

and

rehabilitation.

GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE

ADMINISTRATION OF CJS

1. To maintain the institutions – the correctional component is

responsible for maintaining prisons, jails and other institutional facilities to

receive convicted offenders sentence to periods of incarceration.

2. To protect law abiding members of society – Corrections custody and

security in order to keep sentenced offenders removed from the free world

so that they cannot commit further crimes on society.

3. To reform offenders – It is responsible for developing and providing

services to assist incarcerated offenders to reform and assist them

in

returning to society and in leading a non-criminal life after his/her release.

4. To deter crimes – It is responsible for encouraging incarcerated

and

potential offenders to lead law-abiding lives the experience of

incarceration and the denial of freedom to live in a free society

TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE

ADMINISTRATION OF CJS

Correctional Institutions enter into the picture, as a rule, when the

conviction of the accused has become final and executory. That is, when
the

judicial process has been completed and the court issues MITTIMUS
for the enforcement of its decision.

Although, Correctional Institutions, Jails in particular, may receive an

accused for custody or detention only, in which case the court

issues a

COMMITMENT ORDER.

MITTIMUS

It is a warrant issued by a court bearing its seal and the signature of the

judge directing the jail or prison authorities to receive the convicted offender for

service of sentence.

COMMITMENT ORDER

It is a written order of a court or authority consigning a person to jail or

prison for detention.

PURPOSES OF CORRECTION

1. Deterrence.

2. Rehabilitation.

3. Reintegration

4. Isolation and Incapacitation.

5. Punishment.

DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES:

1. Sablayan Prison and Penal Farm – located in Occidental

Mindoro.

Established on September 26, 1954 by virtue of Presidential Proclamation

No. 72. It is the youngest colony of the bureau.

2. Leyte Regional Prison – situated in Abuyog, Southern Leyte, established

a year after declaration of Martial law in 1972.

3. New Bilibid Prison – located in Muntinlupa, it was officially named New

Bilibid Prison on January 22, 141.

4. Correctional Institution for Women – located at Mandaluyong City.

Philippine Legislature passed Republic Act 3579 in November 1929 which

authorize the transfer of all women inmates from Old Bilibid Prison to CIW.

On February 14, 1931, the women prisoners were transferred from Old

Bilibid Prison to the building especially constructed to them. Its old name

“Women’s Prison” was changed to “Correctional Institution for Women”.

5. Iwahig Penal Colony – located at Palawan, established on November 16,

1904 by Governor Luke Wright.

6. San Ramon Prison and Penal Farm – established in Southern

Zamboanga on August 21, 1870 through a royal decree promulgated in

1869. Considered the oldest penal facility in the country. Originally

established for persons convicted of political crimes. It was here in Dapitan

Zamboanga where Dr. Jose Rizal was incarcerated.

7. Davao Penal Colony – located in Davao Del Norte, the first

penal

settlement founded and organized under Filipino administration. It was

formally established on January 21, 1932 by virtue of Act No. 3732

CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. Institutional Corrections Agencies

a. Bureau of Corrections – an agency under the Department of Justice

(DOJ) that is charged with custody and rehabilitation of national offenders,

that is, those sentenced to serve a term of imprisonment of more than

three (3) years. It exercises control and supervision of all the

corrections/prisons facilities nationwide.

b. Provincial Jails – a jail for the safekeeping of prisoners at the capital of

each province, and in the absence of special provision all expenses

incident to the maintenance thereof and of maintaining prisoners are

borne by the province.

c. Bureau of Jail Management and Penology (BJMP) – created by virtue

of Republic Act 6975, exercise supervision and control over all district, city

and municipal jail nationwide. Formally established on January 2, 1991.

CLASSIFICATION OF PRISONERS

1. Detention Prisoners

a. Persons held for security reasons

b. Persons held for investigation

c. Persons waiting for final judgment

d. Persons waiting for trial

2. Sentenced Prisoners – prisoners who convicted by judgment by

competent

court.

2.1 Municipal Jail Prisoner – sentenced to serve a prison term for 1

day to 6 months.

2.2 City Jail Prisoner – sentenced to serve imprisonment for 1 day to

3 years

2.3 Provincial Jail – sentenced to 6 months one day to 3 years

2.4 National or insular Prisoners – Sentenced to 3 years 1 day to

Reclusion Perpetua or Life Imprisonment.

2. Non – Institutional Correctional Agencies

a. Parole and Probation Administration – an attached agency of the DOJ

which provides a less costly alternative to imprisonment of offenders who

are likely to respond to individualized community based treatment

programs. Headed by an Administrator

- Handles the investigation of petitioners for probation, and the

supervision of probationers, parolees and conditional pardonees.

b. Board of Pardons and Parole –the administrative arm of the President

of the Philippines in the exercise of his constitutional power to

grant,

except in cases of impeachment, pardon, reprieve and amnesty after

conviction by final judgment.

History:

Act 4103, otherwise known as Indeterminate Sentence Law,

took effect on December 4, 1933, created the Board of

Indeterminate Sentence.

Amended by Executive Order No. 83, Series of 1937,

renamed the Board of Indeterminate Sentence to Board of Pardons.

Amended by Executive Order No. 94, abolished the Board

of Pardons and created the Board of Pardons and Parole.

c. Department of Social Welfare and Development (DSWD) – renders

services for Children in Conflict with the Law (CICL) (RA 9344, Juvenile

Justice and Welfare Act of 2006, April 28, 2006)

SEC. 6. Minimum Age of Criminal Responsibility. - A child

fifteen (15) years of age or under at the time of the commission of

the offense shall be exempt from criminal liability. However, the

child shall be subjected to an intervention program pursuant to

Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of

age shall likewise be exempt from criminal liability and be subjected

to an intervention program, unless he/she has acted with

discernment, in which case, such child shall be subjected to the

appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not

include exemption from civil liability, which shall be enforced in

accordance with existing laws.

Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare

Council (JJWC) is hereby created and attached to the Department of

Justice and placed under its administrative supervision. The JJWC

shall be chaired by an undersecretary of the Department of Social

Welfare and Development

Duties During Initial Investigation. - The law enforcement officer shall,

in

his/her investigation, determine where the case involving the child

in conflict with the law should be referred.

The taking of the statement of the child shall be conducted in the

presence of the following: (1) child's counsel of choice or in the absence thereof,

a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or

nearest relative, as the case may be; and (3) the local social
welfare and development officer. In the absence of the child's parents,
guardian, or nearest

relative, and the local social welfare and development officer, the investigation

shall be conducted in the presence of a representative of an NGO,

religious group, or member of the BCPC.

After the initial investigation, the local social worker conducting the same

may do either of the following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years

or below or above fifteen (15) but below eighteen (18) years old, who
acted

without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18) and

who acted with discernment, proceed to diversion under the following chapter.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child
in

conflict with the law, and upon application at any time, place the
child on probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968,

otherwise known as the "Probation Law of 1976", is hereby amended accordingly.

PROBATION

-Is a disposition under which a defendant after conviction and sentence, is

released subject to conditions imposed by the court and under the

supervision of a probation officer.

-Is a privilege granted by the court to a person convicted of a criminal

offense to remain in the community instead of actually going to prison.

PARDON

Is an act of grace proceeding from the power entrusted with the execution of the

laws which exempts the individual on whom it is bestowed from the punishment

the law inflicts for the crime he has committed. It is the power reposed by the

Constitution to the President of the Philippines.

KINDS OF PARDON

a. Absolute Pardon – when the convict is release without any condition;

b. Conditional Pardon – when the release of the convict is subject

to

certain conditions that the pardonee must comply with strictly. Otherwise,

such pardon will be revoked, because pardon is a contract with the convict

may or may not accept, but once accepted, he has to abide with
the

conditions prescribed.

PAROLE

Is a procedure by which prisoners are selected for release on the basis of

the individual response to the correctional institution and the service progress

and by which they are provided with the necessary controls and guidance as

they serve the remainder of their sentences within the free community.

ELEMENTS OF PAROLE

a. That the offender is convicted;

b. That he serves part of his sentence in prison;

c. That he is released before the full expiration of his sentence;

d. That said release is conditional, and

e. That he remains on parole until the expiration of his maximum sentence.

DISQUALIFICATIONS:

a. Their offenses are punished with death penalty, reclusion perpetua or life

imprisonment;

b. They were convicted of treason, conspiracy, or proposal to commit

treason, misprision of treason, rebellion, sedition or coup d’ etat and

piracy or mutiny on the high seas or Philippine waters;

c. They are habitual delinquents;

d. They escaped from confinement or evaded sentence;

e. They have been on conditional pardon and had violated any of

the

conditions imposed by the Board

f. Their sentence do not exceed one (1) year;

g. They are suffering from any mental disorder as proven by the government

psychiatrist or psychologist accredited by the Department of Health;

h. They have pending criminal cases.

AMNESTY

Is a general pardon extended to a group of prisoners and exercised by the

President of the Philippines with the concurrence of Congress. The recipients are

usually political offenders.

V. COMMUNITY – The fifth pillar of the CJS

Role of the Community as the fifth pillar of the Criminal Justice

System.

-the community is understood to mean as “ elements that are mobilized

and energized to help authorities in effectively addressing the law

andorder concern of the citizenry.

The responsibilities of the community in relation to Law Enforcement

As one of the pillars or component of the Criminal Justice system, the

community with its massive membership has vital responsibilities in

law

enforcement.

The citizens can achieve these roles:

a. identifying offenders;

b. giving data about the illegal activities and cohorts of the criminals, and the

proliferation of organized crimes and syndicates;

c. volunteering as witnesses;

d. adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the

police but is equally the concern of every citizen in order to have a peaceful

place to live in.

Examples of Community participation in the Administration of Criminal

Justice in our setting

a. They are the following:

1. The growing interest in the rights and welfare of the victim as shown by

the government with the cooperation of community leaders.

Accordingly, R.A. No. 6981, otherwise known as the “Witness

protection and Security Act” was passed and approved on

April 24, 1991.

This is to encourage the citizenry to participate in the Criminal Justice

System by helping the government and The community in dealing with crime

and criminals.

The Creation of Police-Community Relations

R.A. 6975, created this unit in order to implement plans and programs that will

promote community and citizens’ participation in the maintenance

of peace and order and public safety.[2] It was created to establish

harmonious relationship between the police and the citizen. The

community involvement in the criminal justice system is necessary

to show its problems and encourage action for the solution thereof.

It is clear that the police and the citizens need each other to

combat and eradicate criminality.

HOW CAN POLICE-COMMUNITY RELATIONS BE ACHIEVED?

This can be done through:

a. Constant dialogues between seminars to acquaint the barangay tanods

and the police aides of their duties and responsibilities in the performance

of their functions in the community;

b. The police must follow the rule of law on dealing with the citizens
by

performing their duties in a humble and efficient manner and by showing

the public goodwill

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY

PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO

STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY LEVEL

-promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES

AT THE BARANGAY LEVEL

RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991

-provides for the REVISED KATARUNGANG PAMBARANGAY LAW

-enacted on 10 October 1991

Q & A:

1) What is LUPONG TAGAPAMAYAPA?

It is a body of men created to settle disputes within the barangay level. It

is also referred to as the LUPON.

2) What shall be the composition of the Lupon?

The Lupon shall be composed of the Barangay Chairman as Chairman of

the Lupon and the Barangay Secretary as the Secretary of the Lupon, plus

other members who shall be not less than ten (10) but not more than

twenty (20).

3) Who are qualified to become members of the Lupon?

Any resident of the barangay of reputable character may be appointed as

member of the Lupon. Members of the Lupon shall be appointed by the

Barangay Chairman.

4) When shall the Lupon be constituted?

The Lupon shall be constituted every three years.

5) What is the term of office of a Lupon member?

A Lupon member shall serve for a period of three years.

6) What is the basic function of the Lupon?

Essentially, the Lupon must provide a forum for matters relevant to the

amicable settlement of disputes for the speedy resolution of disputes.

7) What is PANGKAT TAGAPAGKASUNDO?

It shall act as the conciliation panel. It is also referred to as the PANGKAT.

8) What shall be the composition of the Pangkat?

It shall be composed of three (3) members chosen from the members of

the Lupon. They shall choose from among the three of them the Pangkat

Chairman and Pangkat Secretary.

9) When shall the Pangkat be constituted?

The Pangkat shall be constituted whenever a dispute is brought before the

Lupon.

10) Who shall appoint the members of the Pangkat?

The members of the Pangkat shall be chosen by the parties of the dispute

from among the Lupon members. In case of disagreement, the Barangay

Chairman shall draw lots.

11) What matters fall under the jurisdiction of the Lupon?

a) those involving offenses that are punishable by the

imprisonment of one year and below, or a fine in the amount of five thousand
pesos and below;

b) those involving parties that actually reside or work in the same

barangay;

c) those involving marital and family disputes;

d) those involving minor disputes between neighbors;

e) those involving real properties located in the barangay;

12) Where shall be the venue for amicable settlement?

a) disputes between persons actually residing in the same barangay

shall be brought for amicable settlement before the Lupon of said

barangay;
b) those involving actual residents of different barangays within the

same city or municipality shall be brought in the barangay where

the respondent actually resides;

c) all disputes involving real property or any interest shall be brought

in the barangay where the real property or the larger portion is

situated;

d) those arising at the workplace where the contending parties are

employed or at the institution where such parties are enrolled for

study shall be brought in the barangay where such workplace or

institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT

1) Who may initiate proceedings?

Any individual who has a cause of action against another individual

involving any matter within the authority of the Lupon may complain, orally or in

writing, to the Lupon.

COMPLAINANT – the person who filed the complaint against the respondent

RESPONDENT – the person who is being complained of

CAUSE OF ACTION – an act or omission of one party in violation of the legal rights

of another for which the latter suffers damage which affords a party to a right to
judicial intervention

2) What shall the Chairman do upon receipt of the complaint?

The Chairman shall meet with the respondent and complainant and

mediate. If he fails in his mediation within fifteen (15) days, he shall set a

date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded

by the Punong Barangay or Pangkat to amicably settle their disputes

3) What shall the Pangkat do after its constitution?

The Pangkat shall meet not later than three (3) days after their

constitution, on the date set by the Chairman, to hear both parties.

4) Within how may days should the Pangkat settle the dispute?
The Pangkat shall arrive at a settlement of the dispute within fifteen (15)

days from its meeting. This period may be extended for another fifteen

(15) days, at the discretion of the Pangkat.

5) How shall the settlement be made official?

All amicable settlement shall be in writing.

6) Why should parties resort to amicable settlement before going to

the

police?

Because it is a pre-condition to filing of complaint in court:

“No complaint involving any matter within the authority of the

Lupon shall be filed directly in court unless there has been a confrontation

between the parties before the Chairman or the Pangkat, and that no

conciliation or settlement has been reached as certified by the Secretary,

or unless the settlement has been repudiated by the parties.”

7) What shall be the effect of the amicable settlement?

The amicable settlement shall have the force and effect of a final

judgment of a court upon the expiration of ten (10) days from the date of

settlement.

FINAL

Community Policing - the system of allocating officers to particular areas so

that they become familiar with the local inhabitants.

Early History of Punishment

1. Early Greece and Rome

a. most common state administered punishment

was banishment and exile.

b. economic punishment such as fins for such crime

as assault on slave, arson, or house breaking.

2. Middle 5th to 15th century

a. blood feuds were the norm.

 b. law and government not responsible for conflict.

3. Post 11th century feudal periods

a. fine system, punishment often consisted of

payment to feudal lord.

b. goals, public order and pacifying the injured.

c. corporal punishment for poor who can not pay.

4. 1500's

a. urbanization and industrialization, use of torture

and mutilation showed and punishment began to

be more monetary based.

b. use of gallery slaves - ship-rowers.

c. shipped inmates to american colonies

5. 1700's - early 1800's

a. increase in prison population

b. gap between rich and poor widens

c. physicality of punishment increases

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.

Respondent - the defendant in a lawsuit.

Appellee - the respondent in a case appealed to a higher court.

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.

Pro Bono - legal work done for free.

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 administrativeagency 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.

What is the medical model of punishment?

- a view of corrections holding that convicted offenders are victims of their

environment or sick people who were suffering from some social malady that

prevented them into valuable members of society.

What is the difference between Indeterminate sentence and

Determinate sentence?

1. Indeterminate sentence

a. a term of incarceration with a stated minimum

and maximum length. ex. 3-10years

b. prisoner is eligible for parole after the minimum

sentenced has been served.

c. based on belief that sentences fit the criminal,

indeterminate sentences allow individualized

sentences and provide for sentencing flexibility.

d. judges can set a high minimum to override the

purpose of the indeterminate sentence.

2. Determinate sentence

a. a fixed term of incarceration ex. 3 years

b. these sentences are felt by many to be

restrictive for rehabilitative purposes.

c. offenders know exactly how much time they

have to serve.

Various Factors Shaping Length of Prison Terms

1. Legal Factors

a. the severity of the offense

b. the offenders prior criminal record

c. whether the offender used violence

d. whether the offender used weapons

e. whether the crime was committed for money

2. Extra Legal Factors

 a. social class

b. gender

c. age

d. victim characteristics

What are the institutions of socialization?

1. Family - is the primary institution of socialization in society.

2. Religion

3. Schools

4. Media

What are the functions of the major components of the CJS?

• To prevent and control the commission of crime;

• To enforce the law;

• To safeguard lives, individual rights, and properties;

• To investigate, apprehend, prosecute and sentence those who

violated the rules of society; and,

• To rehabilitate the convicts and reintegrate them into the

community as law-abiding citizens.

How does the CJS Operate?

The first four pillars, i.e., law enforcement, prosecution,

courts, and corrections, pertain to the traditional agencies vested

with the official responsibility in dealing with crime or in crime

control. The community pillar is the most broadbased. Under the

concept of a participative criminal justice system in the Philippines,

public and private agencies, as well as citizens, become a part of

the CJS when they become involved in issues and participate in

activities related to crime prevention and control.

Law Enforcement Pillar

The first pillar consists

mainly of the Philippine National Police (PNP). The work of the PNP is the
prevention and control of crimes, enforcement of laws, and effecting the arrest of
offenders, including the conduct of lawful searches and seizures to gather
necessary evidences so that a complaint may be filed with the Prosecutor's
Office.

Prosecution Pillar

The second pillar takes care of the investigation of the

complaint. In the rural areas, the PNP may file the

complaint with the inferior courts (i.e., the Municipal Trial

Courts or the Municipal Circuit Trial Courts). The judges of

these inferior courts act as quasi-prosecutors only for the

purpose of the preliminary investigation. Once a prima facie

case has been determined, the complaint is forwarded to

the City or Provincial Prosecutor's Office which will review

the case. When the complaint has been approved for filing

with the Regional Trial Court, a warrant of arrest for the

accused will be issued by the court once the information has been filed.

Courts Pillar

The third pilllar of the CJS is the forum where the

prosecution is given the opportunity to prove that there is a

strong evidence of guilt against the accused. It is also in the

courts that the accused is given his "day in court" to

disprove the accusation against him.

The Constitutional presumption is the innocence of

any person accused of a crime unless proved otherwise.

This means that the courts must determine the guilt of the

accused - beyond reasonable doubt -- based on the

strength of the evidence of the prosecution.

If there is any reasonable doubt that the accused

committed the crime, he has to be acquitted.

The Rules of Court, however, provides that the accused can be convicted of a

lesser crime than the crime he has been charged with in the information. But the

elements of the lesser offense should be necessarily included in the offense

charged,

and such lesser crime . was proven by competent evidence.

Primer on Criminal Justice System 3

Corrections Pillar

The fourth pillar takes over once the accused, after having

been found guilty, is meted out the penalty for the crime he

committed. He can apply for probation or he could be turned

over to a non-institutional or institutional agency or facility for

custodial treatment and rehabilitation. The offender could

avail of the benefits of parole or executive clemency once he

has served the minimum period of his sentence.

When the penalty is imprisonment, the sentence is carried out

either in the municipal, provincial or national penitentiary

depending on the length of the sentence meted out.

Community Pillar

The fifth pillar has a two-fold role.

First, 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.

Second, 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. A convict

may be paroled or may even be placed on probation.

Under the concept of a participative criminal justice system in the Philippines,

public and private agencies as well as citizens, become part of the CIS when they

participate and become involved with issues and activities related to crime

prevention.

Thus, citizen-based crime prevention .groups become part of the CJ§ within the

framework of their involvement in crime prevention activities and in the ns

integration of the convict who SJb£tlf be reJessed from the corrections pillar mto
the

mainstream of soccety.

Why should you be concerned about the CJS?

You should be concerned about the CJS because it affects your life, your work
your activities and, in general, your pattern of behavior and relationship in the

community.

This is why the community pillar is also the base of the entire CJS as there will

never be criminal cases, in the first place, if the community is healthy and law-

abiding.

But for the few who may have gone astray, they should be reintegrated into the

community once they are released from the penitentiary and should be helped to

become law-abiding members of the community.

What is Citizen's Arrest?

Arrest may be effected with or without a warrant. Warrantless arrest may be

effected by a peace officer or a private person under 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;

and,

c. When the person to be arrested is a prisoner who has escaped from a penal

establishment or is temporarily confined during the pendency of the case, or has

escaped while being transferred from one confinement facility to another.

The suspect, arrested with or without a warrant, should be immediately turned

over to the nearest police station for proper investigation.

What can you do to help in the CJS?

• Organize anti-crime groups.

• Report crime, suspicious strangers or events to your barangay or police.

• If you are a witness to the commission of a crime, help in the prosecution of

the case.

• Organize visits to correctional institutions. This is one way of instilling social

awareness on the part of the public. This could also be an instrument

whereby the public can extend material and morale support to the convicts

and inspire rehabilitation.

• Help in the assimilation of released prisoners in the community to enable them

to be reintegrated into the mainstream of society.

AGENCIES AND OFFICES COMPRISING THE

PHILIPPINE CRIMINAL JUSTICE SYSTEM

LAW ENFORCEMENT

Philippine National Police (PNP)

National Bureau of Investigation (NBI)

OTHER AGENCIES WHICH ENFORCE SPECIAL LAWS SUCH AS:

Presidential Anti-Crime Commission (PACC)

Bureau of Internal Revenue (BIR)

Land Transportation Office (LTO)

Bureau of Customs (BOC)

Economic Intelligence and Investigation Bureau (EIIB)

Food and Drug Administration (FDA)

Philippine Coast Guard (PCG)

Philippine Aviation Security Command (PASC)

Marine Industry Authority (MARINA)

Bureau of Fish and Aquatic Resources (BFAR)

Air Transportation Office (ATO)

Other regulatory bodies with law enforcement functions

Prosecution

National Prosecution service (NPS-DOJ)

Office of the Special Prosecutor (OSP)

Office of the Ombudsman

Judge Advocate General’s Office (JAGO)

Courts

Supreme Court

Court of Appeals

Sandiganbayan

Regional Trial Court

Metropolitan Trial Court

Municipal Circuit Trial court

Court of tax Appeals

Corrections

Bureau of corrections (BUCOR)

Parole and Probation administration (PPA)

Board of pardons and Parole (BPP)

Bureau of Jail Management and Penology(BJMP)

Provincial Rehabilitation Center (PRC-DILG)

City/Municipal Rehabilitation Center (C/MRC-BJMP)

Regional Youth Rehabilitation Center (RYRC-DSWD)

Community

Department of Social Welfare and Development (DSWD)

National Economic Development Authority (NEDA)

Bureau of Local Government Supervision (BLGS-DILG)

Philippine Public Safety College (PPSC)

Philippine Information Agency (PIA)

Dangerous Drugs Board (DDB)

Public Assistance Reaction Against Crime (PARAC)

Non-government Organizations (NGOs)

People’s Organizations (Pos)

Other government offices, institutions and programs whose principal functions

are geared toward the promotion of socioeconomic welfare.

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