LESSON 1

Overview of the Philippine Criminal Justice System

Our Criminal Justice System is derived from the American Criminal Justice
context
which initially comprised of three components, namely:
1. Police/Law Enforcement
2. Courts
3. Corrections
The police or law enforcer initiates the criminal justice process by conducting
criminal apprehension or arrest. The judicial courts conduct the judicial
proceedings for the determination of guilt or innocence of the person arrested.
And upon conviction, the convict is reprimanded to correctional institution for
rehabilitation.
The Philippine Criminal Justice System has five components which is known as
the
Five Pillars of Philippine Criminal Justice System:
1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community
In theory, Criminal Justice System is an integrated apparatus that is concerned
with the following:
a. Apprehension
b. Prosecution
c. Trial
d. Conviction
e. Sentencing and
f. Rehabilitating or correcting criminal offenders
The Goals of the PCJS:
The goals of the PCJS may be classified into two:
1. Primary Goals:
a. Protection of the members of the society
b. Maintenance of peace and order
2. Secondary or sub-goals:
a. Crime prevention
b. Suppression of criminal conducts by apprehending the
offenders for whom
prevention is ineffective
c. Review of the legality of preventive and suppressive measures
d. Judicial determination of guilt or innocence of those arrested
and/or under
trial
e. Legal and proper disposition of those found guilty
f. Correction and rehabilitation of those persons who violate
criminal laws

Characteristics of the Philippine Criminal Justice System:

1. Spanish and Anglo-American Law;
2. Common Law Principle is not adhered hereto;
3. Criminal Laws are general, territorial, and prospective in application; and
4. Litigation is adversarial in nature.
LESSON 2
THE FIRST PILLAR: LAW ENFORCEMENT

Goals of the Law Enforcement:

1. Crime prevention
2. Arrest or Criminal apprehension
3. Criminal investigation
4. Order maintenance
5. Public service
6. Traffic regulation and motor accident investigation

The Police
The police or law enforcers are the most visible representative of the
government in the society. This pillar is the first line of defense against crime,
for it is the police that arrests suspect before the rest of the criminal justice
system come into play in prosecuting, trying, convicting, and rehabilitating the
offenders.

Police Activities
1. Crime prevention
2. Crime repression
3. Criminal investigation
4. Criminal apprehension
5. Regulation of non-criminal conduct
6. Performance of related miscellaneous services

Philosophy
Service, Honor, and Justice
Functions:
a. Enforce all laws and ordinance relative to the protection of lives and
properties;
b. Maintain peace and order and take all necessary steps to ensure public
safety;
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
d. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent
laws;
e. 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;
f. Issue licenses for the possession of firearms and explosives in accordance
with law;
g. 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 practice of their professions; and
h. Perform such other duties and exercise all other functions as may be
provided by law.

Arrest- is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
Manner of Conducting Arrest- An arrest is made by actual restraint of a
person to be arrested, or by his submission to the custody of the person making
an arrest.
Warrant of Arrest- Warrant of arrest is an order in writing issued in the name
of People of the Philippines, signed by the judge and directed to a peace
officer, commanding him to arrest a person or persons stated therein and
deliver them before the court.

The requisites of a valid warrant of arrest are the following:

a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon examination
under oath or affirmation of the complainant and the witnesses he may
produce; and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the
Philippine Constitution)

Life Span of Warrant of Arrest

As long as the person stated in the warrant of arrest is not arrested, it shall
remain valid even if several years already lapsed. However, the head of the
office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the warrant.
Warrantless Arrest
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 in fact just been committed and he has personal
knowledge of facts indicating that the person to be arrested had committed it;
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 temporarily
confined while his case is pending or has escaped while being transferred from
one confinement to another.
Search- is defined as the act of looking into carefully in order to find some
concealed
items.
Seizure- is to take into custody of something.

Power to Conduct Search

General Rule: A warrant is needed before search. Validity of warrant is 10 days
from
its date.

Warrantless Search
a. Search incidental to lawful arrest- A person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without search warrant.
b. Consented search- the right against unreasonable search and seizure may
be voluntarily waived by a person being searched
c. Plain view doctrine- illegal things at sight may be seized even without a
warrant to do so. The things must be readily seen without any effort of locating
it.
d. Search conducted by Security Guards on post
e. Search in moving vehicles/checkpoints- Under search in moving vehicle
especially in checkpoints, moving vehicles may be searched provided that it is
limited to visual search,
When to serve search warrant?
The search warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or on the place ordered to be
searched, in which case, a direction may be inserted that it be served at any
time of the day or night.
CUSTODIAL INVESTIGATION
What is custodial investigation? What are its requisites?
Custodial investigation is any questioning initiated by law enforcement officers
after a person has been taken into custody of otherwise deprived of his
freedom of action in any significant way.
What are the rights of persons under custodial investigation?
a. Right to be informed of his right to remain silent;
b. Right to have a competent and independent counsel preferably of his own
choice or to be provided with one;

c. Right against torture, force, violence, threat, and intimidation or any other
means which vitiates his free will;
d. Right not to be held in secret, solitary, incommunicado, or any other similar
forms of detention.

INTERVIEW vs INTERROGATION

Interrogation- An interrogation is a questioning of a person suspected of having

committed a crime or of a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to investigation.
Interview- An interview is the questioning of a person who is believed to
possess knowledge that is of official interest to the investigator.

CONFESSION VS ADMISSION
CONFESSION Is the direct acknowledgement of guilt, while admission is the
indirect acknowledgement of guilt.

Other Government Law Enforcement Agencies/Bureaus/Offices/Departments

1. PDEA
2. BC
3. BFP
4. PCG
5. BIR
6. COMELEC
7. PPA
8. AMLC
9. BI
10. OMB
11. IPO
12. PAOCC
13. PCTC
14. NICA
15. OTS
16. MMDA
17. DENR
18. SEC
19. LTO
20. MIAA
21. DOLE
22. PPA
23. POEA
24. NTC
25. CAAP

LESSON 3
THE SECOND PILLAR: PROSECUTION

Philippine Prosecution System

The prosecution system in the Philippines has its roots in those countries
whose legal system was ahead of the Philippines, which includes the following:
1. Adversarial
- A system of prosecution otherwise known as accusatorial. The victim or his
representative has the primary responsibility of finding and presenting evidence
to the court.
2. Inquisitorial
- The judge searches the facts, listens to witnesses and investigate to prove the
guilt or innocence of the accused.
3. Mixed System
- Adopts both inquisitorial and accusatorial.

PRELIMINARY INVESTIGATION and INQUEST PROCEEDINGS

If a person is arrested, what is the purpose of delivering him to the nearest
police station or jail and detaining him in that place? It depends. If the arrest is
with warrant, the arrested person must be detained for him to face the case that
is already filed against him or to serve his sentence if he is already convicted.
However, if the arrest is without warrant, he must be detained to undergo an
inquest proceeding or preliminary investigation. (Timpac, 2007) Inquest
proceeding is a proceeding done by the inquest prosecutor to determine the
validity of the arrest. This is very summary in nature which may be done by an
informal interview with the arresting officer and/or the arrested person. A
preliminary investigation is an inquiry held for the purpose of ascertaining
whether or not probable cause is present. It is intended to secure the innocent
against hasty, malicious and oppressive prosecution and to protect him from an
open and public accusation of crime. It is further intended to protect the State
from useless and expensive trial.
It is required when the imposable penalty for the crime charged is at least 4
years, 2 months, and 1-day (4:2:1) imprisonment without regard to the fine.
What is probable cause?
Probable cause is the existence of sufficient ground to engender a well-
founded
belief that:
a. A crime has been committed; and
b. The respondent is probably guilty thereof.

Who may conduct preliminary investigation?

Any of the following may conduct preliminary investigation:
1. Provincial or city prosecutor and their assistants;
2. National and Regional state prosecutors; and
3. Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of
Court)

LESSON 4

THE THIRD PILLAR: COURT

In this stage of criminal justice system, judicial determination of the guilt or

innocence of the accused is under consideration. Our Constitution ordains
those judicial powers shall be vested in one Supreme Court and such lower
courts as may be established by law (Section 1, Article VIII of the 1987
Philippine Constitution).
Judge - A public officer so named in his commission and appointed to preside
over and to administer the law in a court of justice.
Composition of Philippine Courts 

Regular Courts:
Supreme Court   It is the highest court in the Philippines. 
Court of Appeals   It is the second highest judicial court after the supreme
court.  
It reviews decision and orders of the lower court. 
Regional Trial Court Has jurisdiction over offenses punishable with
(RTC)  imprisonment of six years and one day and over 
Inferior Courts  Has jurisdiction over a violation of city municipal 
 Metropolitan Trial ordinances and offenses punishable by imprisonment
Court  not exceeding six years 
 Municipal Trial
Court  
 Municipal circuit
Trial Court 

Special Courts:
Sandiganbayan  It is a special court that has jurisdiction over criminal and
civil cases involving graft and corrupt practices of public
officers. Created pursuant to PD 1606. 
Court of Tax Has exclusive appellate jurisdiction to review and appeal
Appeals (CTA)  the decision of the Commissioner of the Bureau of
Internal Revenue involving internal revenue taxes and
decisions of the Commissioner of the Bureau of Customs
involving customs duties. Created pursuant to RA 1125 
Shari’a Court   Created pursuant to PD 1083, otherwise known as the
  “Code of Muslim Personal Laws of the Philippines”.
Shari’a District  Cases brought before this court is civil in nature. 
Court  -These are courts of limited jurisdiction which are
Shari’a Circuit  presided by District Judges 
Trial Courts  -These are presided by circuit judges. 
Family Court  This special court was established by virtue of RA 8369,
otherwise known as Family Courts Act of 1997". It
covers criminal cases where one or more of the accused
is below eighteen (18) years of age but not less than
nine (9) years of age or where one or more of the victims
is a minor at the time of the commission of the offense. 
COURT PROCEEDINGS
1. Arraignment - the reading to the accused in open court of the complaint or
information.

⚫ A copy of the complaint/information shall be given to the accused.

⚫ List of witnesses will also be given to the accused.
⚫ The accused pleads guilty or not guilty.

2. Pre – trial - an informal trial which precedes the regular trial. Primarily
intended to expedite the proceeding. This is done through a Pre-Trail
Conference conducted by the court.

⚫ Plea bargaining (guilty or not guilty)

⚫ Stipulation of facts (specification)
⚫ Admission of facts
⚫ Marking documentary evidence (Prosecution 123; Defense ABC)
⚫ Waiver of objection to the admissibility of evidence

3. Trial - the formal investigation of the matter in issue with respect to the action
before a competent court for the purpose of determining such issue that
involves the guilt or innocence of the accused.
4. Judgment - the adjudication by the court that the accused is guilty or not
guilty.

⚫ It must be written in the official language,

⚫ Personally and directly prepared and signed by the judge.
⚫ Must contain legal bases of decision

5. Appeal - the whole case is elevated to a higher court for review and final
adjudication.
⚫ Within 15 days – period of entering appeal from the date of
promulgation.
⚫ After 15 days – the decision shall be Final and Executory

LESSON 5

THE FOURTH PILLAR: CORRECTION

Correction is a branch of the Criminal Justice System concerned with the
custody, supervision and rehabilitation of criminal offenders.
Penology is the study of punishment for crime or of criminal offender. It includes
the study of control and prevention of crime through punishment of criminal
offenders.

Why is Correction the weakest pillar of the Criminal Justice System?

Correction is the weakest pillar of the criminal justice system because of its
failure to reform and rehabilitate offenders and prevent them from returning to a
criminal life.

Classifications of Corrections
a. Institutional correction deals with jails, prisons, and colonies where a convict
is going to serve his sentence.
b. non-institutional correction deals with service of sentence of a convict outside
an institution. It is also known as community – based – treatment.

Justifications of Punishment
1. Retribution –Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance
where the purpose is to appease the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others
what would happen to them if they violate the law.
4. Incapacitation and Protection – the public will be protected if the offender has
been held in conditions where he cannot harm others especially the public.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and
responsibility of the offender.
Penalty is defined as the suffering inflicted by the state against an offending
member for the transgression of law.

Juridical Conditions of Penalty

Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human
personality.
2. Commensurate with the offense – different crimes must be punished with
different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.

Jail - Is a short-term detention facility where a person convicted or suspected of

a crime is detained, it holds people awaiting trial, under investigation and
people sentenced for a short duration which is below 3 years sentence. Jails
include provincial, district, city and municipal jails managed and supervised by
the Provincial Government and the Bureau of Jail Management and Penology
(BJMP), respectively, which are both under the Department of the Interior and
Local Government.

Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for
temporary confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted
criminal offender to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody
offenders who are serving short sentences.

Prison – A place of long-term confinement for those convicted of serious

crimes, the sentence is above 3 years, or place which refers to the national
prisons or penitentiaries managed and supervised by the Bureau of
Corrections, an agency under the Department of Justice.
General Classification of Inmates
1. Detention Prisoners/Detainee – those detained for investigation, preliminary
hearing, or awaiting trial.
2. Sentenced Prisoners/Prisoners – offenders who are committed to the jail or
prison in order to serve their sentence after final conviction by a competent
court.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are
detained in order to protect the community against their harmful behavior.

Classification of Sentenced Prisoners:

Insular or National Prisoners - Those sentenced to suffer a term of sentence of
3 years and 1 day to life imprisonment.

Provincial Prisoners - Those persons sentenced to suffer a term of

imprisonment
from 6 months and 1 day to 3 years or a fine not more than
1,000 pesos, or both

City Prisoners - Those sentenced to suffer a term of imprisonment from 1 day

to 3 years or a fine of not more than 1,000 pesos or both.

Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment
from 1 day to 6 months.

Prisons:
The different prisons in the Philippines are the following:
1. The Old Bilibid Prison is known at present as the Manila City Jail. The Manila
government swapped its property located at Muntinlupa to the Old Bilibid Prison
which was owned by the national government. The national government built
the
New Bilibid Prison in said lot at Muntinlupa.
2. The New Bilibibid Prison. It has 2 satellites namely:
1. Bukang Liwayway houses minimum security prisoners who work in the
various projects of the institution.
2. Sampaguita Camp is where the Reception and Diagnostic Center, Medium
Security Unit, and Youth Rehabilitation Center are located. The different penal
colonies in the Philippines and their location:
The penal colonies of the Philippines together with their locations are the
following:
a. San Ramon Prison and Penal Farm located in Zamboanga;
b. Iwahig Penal Colony located in Palawan;
c. Davao Penal Colony located in Davao City;
d. Correctional Institution for Women located in Mandaluyong; and
e. Sablayan Penal Colony located in Occidental Mindoro.
f. Leyte Penal Colony located in Abuyog (Tadio, 1996).
Non-Institutional Corrections
1. 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.
2. Pardon- It is defined as an act of grace proceeding from the power entrusted
with the President which exempts the individual on whom it is bestowed, from
punishment the law inflicts for a crime he has committed.
a. Absolute Pardon-given without any condition.
b. Conditional Pardon- given with conditions.
3. Amnesty- is an act of sovereign power granting oblivion or general pardon
for a past offense usually granted in favor of certain classes of persons who
have committed crimes of a political character, such as treason, sedition,
rebellion.
4. Parole is the suspension of sentence of a convict after having served the
minimum of the sentence imposed without granting pardon, prescribing the
terms of the suspension.
5. Reprieve and Suspension of Sentence are the temporary stay or
postponement of sentence especially when the penalty imposed is death.
6. Commutation of Sentence- is an act of the President reducing the penalty of
a convict.
 KEY TERMS
CRIMINAL JUSTICE SYSTEM- it is defined as the machinery established by
government to deal with the problem of crime and criminality. It takes the
orderly progression of events from the time a person is arrested or taken out to
the community investigated, prosecuted, sentenced, punished and eventually
returned to the community.
JUSTICE- a social standard offering a medium of control of the people’s
dealing with one another.
SITUATION- this refers to an environmental factor that induces or invites an
individual to commit a crime.
RESISTANCE- pertains to the person’s susceptibility to commit violations or
failure to follow certain social standards or rule of conduct whenever his
emotional, spiritual, moral, mental, and physical or physiological being is weak.
CRIME- act or omission punishable by law.
CRIMINAL- a person who committed or omitted an act which is in violation of
law and being convicted and punished for such violation of law.
CRIMINAL LAW- is defined as a branch or division of law which defines
crimes, treats of their nature, and provides for their punishment.
LAW ENFORCEMENT AGENCIES- a body sanctioned by local, state, or
national government to enforce laws and apprehend those who break them.
POLICE POWER- is defined as the power of the state to enact such laws or
regulation in relation to persons and property as to promote public health,
morals, safety and general welfare and convenience of the people.
PROSECUTION- the act of carrying on a legal action against a person accused
of a crime in court.
COURT- is any person or institution, often as a government institution, with the
authority to adjudicate legal disputes between parties and carry out the
administration of justice in civil, criminal, and administrative matters in
accordance with the rule of law.
CRIMINAL JURISDICTION- is the authority to hear and try a particular offense
and impose the punishment for it.
CORRECTION- refers to the component of the criminal justice system that
serves to rehabilitate criminal offenders.