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    This document discusses the Philippine criminal justice system and human rights. It outlines the pillars of the criminal justice system including law enforcement, prosecution, the courts/judiciary, corrections, and the community. It then describes the functions of each pillar and some of the key human rights that should be respected within each pillar, such as the right to due process, rights against unlawful arrest and torture, and the right to a speedy trial.

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    This document discusses the Philippine criminal justice system and human rights. It outlines the pillars of the criminal justice system including law enforcement, prosecution, the courts/judiciary, corrections, and the community. It then describes the functions of each pillar and some of the key human rights that should be respected within each pillar, such as the right to due process, rights against unlawful arrest and torture, and the right to a speedy trial.

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    81 views6 pages

    Philippine Criminal Justice System and Human Rights

    Uploaded by

    jim peterick sison
    This document discusses the Philippine criminal justice system and human rights. It outlines the pillars of the criminal justice system including law enforcement, prosecution, the courts/judiciary, corrections, and the community. It then describes the functions of each pillar and some of the key human rights that should be respected within each pillar, such as the right to due process, rights against unlawful arrest and torture, and the right to a speedy trial.

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    of 6

    Philippine Criminal Justice System and Human Rights

    By: Clint Octavius E. Labtic

    Criminal Justice System – refer to the totality of the activities of the law enforcers,
    prosecutors, judges, and corrections personnel, as well as those of the mobilized
    community in crime prevention and control. It is concerned on the following:

    1. Apprehension/Arrest
    2. Prosecution
    3. Trial
    4. Conviction
    5. Sentencing
    6. Rehabilitation/ Correcting criminal offenders

    Goals of Criminal Justice System

    1. Prevention of crime
    2. Protect members of society against crime.
    3. Maintain peace and order.
    4. Suppression of criminality.
    5. Review the legality of existing rules and regulations.
    6. Rehabilitation and reformation of offenders.

    Pillars of Criminal Justice System

    1. Law enforcement
    2. Prosecution
    3. Court/Judiciary
    4. Corrections
    5. Community

    Offender/Crime is the reckoning point of our justice system. If there is no


    crime/offender, then we will not speak about criminal justice system.

    Functions of the 5 pillars

    1|Page
    LAW ENFORCEMENT – involves prevention of the commission of crime and the
    protection of the life, liberty and property of the people.

    PROSECUTION – conduct preliminary investigation of cases filed by the law


    enforcement and prosecute cases in court after determination of probable cause.

    COURT/JUDICIARY – adjudicates cases and renders judgment. They hear and


    decide the case.

    CORRECTION – to rehabilitate criminals and to give them welfare and


    development. It also includes jail management and reintegration.

    COMMUNITY - imposes limitations on individual behavior of citizens that deter


    criminality and criminal behavior for the common good of civilized and
    democratic society.

    Salient points

    1. Law Enforcement investigation of crime – done motu propio or upon filing


    of a complaint. If the police have information regarding a person doing a
    crime, they can investigate already or if there is a report to their office.

    2. Prosecution – there must be probable cause. To determine whether or not


    there is sufficient ground to engender a well-founded belief that a crime has
    been committed and the respondent is probably guilty thereof and should be
    held for trial.

    3. Court – Rights of the accused should be given.

    What is inquest investigation?

    Is an informal and summary investigation conducted by a public prosecutor


    in criminal cases involving persons arrested and detained without the benefit of a
    warrant of arrest issued by the court for the purpose of determining whether or not
    said persons should remain under custody and correspondingly charged in court.

    2|Page
    Law Enforcement Pillar
    1. PNP
    2. NBI
    3. PDEA
    4. NAPOLCOM

    Prosecution Pillar
    1. National Prosecution Service – Department of Justice
    a. Includes office of the prosecution
    2. Public Attorney’s Office
    3. Office of the Ombudsman

    Court Pillar
    1. Municipal Trial Court
    2. Regional Trial Court
    3. Court of Appeals
    4. Supreme Court

    Correction Pillar
    1. Bureau of Corrections
    2. BJMP
    3. Local Government Units (Provincial and sub-provincial jails)
    4. Parole and Probation Administration
    5. Boards of Pardon and Parole

    Community Pillar
    1. DSWD
    2. Department of Interior and Local Government (DILG)
    3. Commission on Human Rights (CHR)
    4. National Commission on Indigenous People

    HUMAN RIGHTS IN THE PHILIPPINE CRIMINAL JUSTICE


    SYSTEM

    I will not discuss again the human rights involve as we already have
    discuss it. I will only enumerate the key word of Human Rights involved
    in each pillar.

    3|Page
    Law enforcement pillar

    Take not of the following human rights that you should RESPECT,
    PROTECT AND FULFILL

    1. Right to due process


    2. Rights against illegal searches and seizures
    3. Rights of suspects under custodial investigation
    4. Rights against unlawful arrest

    Prosecution Pillar

    1. Right to be informed of the filing of the criminal complaint


    2. There must be determination of probable cause

    Court Pillar

    1. Rights of the accused


    a. To be presumed innocent until proven guilty
    b. To be informed of the nature and the cause of accusation
    against him (done during arrest and arraignment)
    c. To be present and defend in person and by counsel at every
    stage of the proceeding ( he has the right to participate in all
    stages of the trial to defend himself)
    d. Right to counsel
    e. Right to testify as witness in his own behalf
    f. Right to be exempt from being compelled to be a witness
    against himself
    g. Right against self incrimination ( accused has the right not to
    answer questions which can make him bad or liable for a
    crime. Example: Do you use illegal drugs? If accused will be
    compelled to answer that, then he might be liable for using
    illegal drugs under RA 9165. So in those cases, accused may
    opt not to answer and he cannot be compelled to answer the
    question.)

    4|Page
    h. Right to confront and cross-examine the witnesses against
    him at trial (Meaning he can ask question to the witnesses to
    verify if indeed the witness is telling the truth.)
    i. Right to have compulsory process (Meaning he has the right
    to be informed of the date of hearing and for the witnesses to
    be informed of the date of the hearing in order for them to
    attend the hearing)
    j. Right to have a speedy, impartial and public trial (Meaning
    the case should be decided as soon as possible without
    delay. And everybody may attend the hearing or it is open to
    the public.)

    Correction Pillar

    1. Right to be treated humanely


    2. Rights against torture, cruel and degrading treatments inside the jail
    3. Right to practice their religion inside the jail
    4. Right to Good Conduct Time Allowance (GCTA)
    5. Right to visitations

    What is GCTA

    Good conduct time allowance means the preventive imprisonment of the


    accused is deducted from the sentence imposed to him and it must also be deducted
    for the good time he spent in the prison.

    If the person is waiting for the judgment of his case for 12 years and he was
    sentence to suffer 20 years, then 20 years minus 12 equals 8 years. So only 8 years
    will be served by the accused and if he has GCTA, the 8 years may be shortened
    depending on the GCTA given.

    This is the time that an accused may have as GCTA

    "1. During the first two years of imprisonment, he shall be allowed a


    deduction of twenty days for each month of good behavior during detention;

    "2. During the third to the fifth year, inclusive, of his imprisonment, he shall
    be allowed a reduction of twenty-three days for each month of good
    behavior during detention;
    5|Page
    "3. During the following years until the tenth year, inclusive, of his
    imprisonment, he shall be allowed a deduction of twenty-five days for each
    month of good behavior during detention;

    "4. During the eleventh and successive years of his imprisonment, he shall
    be allowed a deduction of thirty days for each month of good behavior
    during detention; and

    "5. At any time during the period of imprisonment, he shall be allowed


    another deduction of fifteen days, in addition to numbers one to four hereof,
    for each month of study, teaching or mentoring service time rendered.

    "An appeal by the accused shall not deprive him of entitlement to the above
    allowances for good conduct."

    Important: To be entitled to GCTA, the prisoner must follow the disciplinary rules
    and regulations inside the jail.

    Community Pillar

    1. Due Process
    2. Rights against unlawful arrest and seizures

    Note: In community pillar, they can also investigate crime and also arrest.
    We have the so called citizens arrest but in the exercise of that, the above
    human rights must be observed.

    6|Page

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