Philippine Criminal Justice System

In Relation with Gender Awareness and Development

Philippine Criminal Justice System

The Philippine government has organized and established institution which serve to maintain peace and
order. The institutions are responsible for preventing crimes, enforcement of laws, and apprehension and
prosecution of those who violate the law. The criminal justice system essentially is the system or process
in the community by which crimes are investigated, and the persons suspected thereof are taken into
custody, prosecuted in court and punished, if found guilty, provisions being made for their correction and
rehabilitation.
Philippine Criminal justice System consists of different 5 pillars and the first four pillars pertain to the
government agencies vested with official responsibility in dealing with crime prevention and control. The
community pillars have the broadest jurisdiction under the participative criminal justice system in the
country in which any agencies private/public sector and NGO's and ordinary citizens become a part of the
CJS for being involved in issues and activities related to crime prevention and control. History and
experience show that the key to success of any criminal justice system is public participation. Thus, the
Philippines has decided to add the community pillar to its own concept of the criminal justice system.
Each pillar should act independently but in collaboration and coordination with other pillars of the CJS. It
should operate by linking the police, prosecuting agencies, courts, correctional institution and mobilized
community in which design to promote justice. It must revolve interdependently with each other in order
to give the due process for everyone being involved in the cycle. The thorough performance of their
responsibility to attain common goals and objectives is expected to each pillar.
Therefore, simply CJS is the machinery which the society uses in the control and prevention of crimes. Or
the machinery of the state or government which enforces the rules of conduct necessary to protect life and
property and maintain peace and order.
Next, let’s tackle every pillar and its specific functions and responsibilities to the entire system. Given
that we are already third year now, so definitely I consider we are already familiar on this. We made this
precise as possible.
The first pillar is the law enforcement pillar. It consists mainly of the officers and men of the Philippine
National Police (PNP), the National Bureau of Investigation (NBI) and other law enforcement agencies.
Their work consists in the prevention and control of crimes, enforcement of laws and effect the arrest of
offenders, including the conduct of lawful searches and seizures to gather necessary evidence so that a
complaint may be filed with the Prosecutor’s office.
The second pillar is Prosecution, holds a very important and powerful office in the CJS. It is the decision
whether to prosecute a case or not. The prosecution may nolle prosequi (decide not to prosecute) if he
feels that the evidence is insufficient to gain a conviction, yet he may hold the case open for further action
if warranted. he determines who will be formally tried and for what offenses, and whether to dismiss
charges or offer an accused an opportunity to plea bargain for a reduced charge or he may recommend
lighter sentence.
The third pillar is the court. It is the forum where the prosecution is given the opportunity to prove that
there is strong evidence of guilt against the accused. It is also in the courts that the accused is given his
“day” to disprove the accusation against him. (The constitutional presumption is the innocence of any
person accused of a crime unless proven otherwise. This means that the courts must determine the guilt of
the accused beyond reasonable doubt.)
The fourth pillar is the corrections pillar. It takes over once the accused, after having been found guilty,
and penalize for the crime he committed. The punishment may be in the form of isolation of the convicts
by imprisonment for the periods laid down by the courts, or in extreme cases, their execution by the
method prescribed by law. This pillar promotes the correction and rehabilitation of offenders.

Last pillar is the community, it bears emphasis that the administration of criminal justice is not the
exclusive responsibility of the police, the prosecutors, the judges, and the corrections personnel. “Out of
necessity,” it has been said, “the criminal justice system relies on citizen participation” Without the active
participation of the members of the community, the processes of the criminal justice system cannot
operate. (The police rely on citizens to report crimes and to assist them in the conduct of investigations.
The prosecutors and the judges depend upon citizens as witnesses in the prosecution of the offender. The
corrections’ staff trust them to support community-based corrections programs) (Puno, Contemporary
Problems in the Administration of Criminal Justice, CJ Journal, 1982, vol. 2).

The community is expected to formulate moral and ethical values, develop the environment for the
development of civic-spirited citizens, and observance of the Rule of Law. Public and private educational
institutions, parents and guardians, churches, religious organizations, civic associations, among others, are
collectively considered a component of the CJS, so are individual citizens who are supposed to prevent
crimes, report offenses to the authorities, make warrantless arrests in proper cases, give evidence in court
to put criminals behind bars, and help in the rehabilitation of offenders.

Gender Awareness and Development

GAD OVERVIEW
WHAT IS GENDER AND DEVELOPMENT (GAD)
➢ is a development perspective that recognizes the unequal status and situation of women and men
in society.
➢ Women and men have different development needs and interests, which is institutionalized and
perpetuated by cultural, social, economic and political norms, systems and structures.
GAD focuses on Gender mainstreaming or strategy for making women’s as well as men’s concerns and
experiences an integral dimension of the implementation, monitoring and evaluation of policies, programs
and projects in all social, political, civil and economic spheres so that women and men benefit equally.
Attending to gender in the justice sector is about attending to the different needs and experiences of men,
women, girls, boys and persons with full diversity of gender identity and expression. Likewise,
expectation about sexual behaviors is an important part of how societies construct gender and gender
roles. So, thinking about now gender, gender roles and gender inequality operate in society and in
institutions, it is essential to include a focus on LGBTI people. Integrating a gender perspective, one must
always remember that women and men are never homogenous group; they do not all share same
experiences needs or values; nor have the same opportunities.
GOAL OF GAD
➢ As a development approach, GAD seeks to equalize the status and condition of and relations
between women and men by influencing the process and output of policymaking, planning,
budgeting, implementation and monitoring, and evaluation so that they would deliberately
address the gender issues and concerns affecting the full development of women.
GENDER EQUITY
➢ Means giving more opportunities to those who have less and those who are historically and
socially disadvantaged based on their needs for them to operate on a level playing field.
“Focusing on the needs of women does not mean discriminating against men or putting them at a
disadvantage”
➢ UN–CEDAW (United Nations Convention on the Elimination of All Forms of Discrimination
Against Women) recognized the need to remove the biases against and provide special attention
to women through affirmative action. It is a temporary measure that will be discontinued when
the objectives of equality of opportunity and treatment have been achieved.
GENDER MAINSTREAMING
Is the Philippine government’s strategy for making agencies work for women’s empowerment and gender
equality.
➢ It is the process of analyzing existing development paradigms, practices, and goals, assessing the
implications for women and men of existing legislation policies, programs, projects, and
mechanisms.

Is it possible for a man to be raped?

➢ Very little attention has been paid to male victims of rape and sexual assault in adulthood;
even less attention has been paid to male rape. Similar to female rape victims, adult male rape
victims rarely turn to the legal, medical, or mental health systems for assistance. Personal
stories of male rape mirror female rape in terms of a sense of shame, humiliation, and self-
blame, but males are even less likely than females to report an assault . The law provides that
rape may be committed regardless of the gender of the person.
Is there a chance for them to charge a criminal case for rape against men?
It is provided under Section 2 (2) of Republic Act 8353, otherwise known as “An Act
Expanding the Definition of The Crime Of Rape, Reclassifying The Same As A Crime
Against Persons, Amending For The Purpose Act No. 3815, As Amended, Otherwise Known
As The Revised Penal Code, And For Other Purposes,” that:

“Section 2. Rape as a Crime Against Persons.

-“2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting his penis into another person’s mouth or
anal orifice, or any instrument or object, into the genital or anal orifice of another person.”
 Here are the elements of rape by sexual assault are:
1. That the offender commits an act of sexual assault.
2. That the act of sexual assault is committed by any of the following means:
a. By inserting his penis into another person’s mouth or anal orifice; or
3. That the act of sexual assault is accomplished under any of the following circumstances:
b. By using force or intimidation.
c. When woman is deprived of reason or otherwise unconscious.
Thus, rape by sexual assault may be committed against a man if any of the requisites mentioned above
was met.

References:
https://www.unafei.or.jp/publications/pdf/RS_No90/No90_22PA_Bravo.pdf
https://www.ombudsman.gov.ph/GAD/Laws%20and%20Mandates/republic_act_8353.pdf
https://www.manilatimes.net/2020/04/07/legal-advice/dearpao/is-it-possible-for-a-man-to-be-
raped/710565
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3067991/?fbclid=IwAR0ciWw2Uymz93EGE_JQMlYhb
SD8xgGlsYSyt33SO96362btCq-vFMuXFCI