Basic Concept

PHILIPPINE
CRIMINAL JUSTICE
SYSTEM

By:
Ms. Mary Grace L. Salvador, RCrim
CRIMINAL JUSTICE SYSTEM
CONCEPT OF CJS IN THE UNITED STATES

•police
•the courts
•the corrections
1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF
THE CJS
1. 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. No less than the Constitution of the Philippines provides that
an accused shall be presumed innocent until proven guilty.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF
THE CJS

2. BURDEN OF PROOF
　　　　In criminal cases means that the government must prove
beyond “reasonable doubt” that the suspect committed the crime.
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.
　　　　
THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING
PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM:

SUSPECT
RESPONDENT
ACCUSED
CONVICT
CRIMINAL
LAW ENFORCEMENT
FIRST PILLAR
THE POLICE PILLAR
OF THE CJS
• The POLICE or the LAW ENFORCEMENT PILLAR occupies the
frontline of the CJS because it has the first contact with the law
violator or offender. It investigates, arrests, and prepares evidences
against the suspects for prosecution.
POLICE
POLICE is a body of civil authority
tasked to maintain peace and order
and insure public safety.
Republic Act # 6975 was approved by then
President Corazon Aquino.his law is known as the
DILG Act of 1990 and but it is also recognized as The
PNP Law of 1991.

Republic Act # 8551 was approved by President

Fidel Ramos. RA # 8551, known as the PNP Reform
and Reorganization Act of 1998, reorganized the PNP
for the purpose of reforming or professionalizing it
Police Discretion
• It is an authority conferred by law to act in a certain
condition or situation in accordance with an officer
or an official agency’s own considered judgment or
conscience.
• It is simply the wise use of one’s judgment in a police
situation requiring immediate and decisive action.
uCRIMINAL APPREHENSION - the legal term for criminal
apprehension is arrest.
　　
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.
　　
　　MODES OF ARREST
　　
1. Arrest by virtue of a warrant
2. Arrest without a warrant

　　An arrest may be made on any day and at any time of the
day or night, even on a Sunday.
　　
 WARRANT OF ARREST
　
• an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to
a peace officer, commanding him to take a person
into custody in order that he may be bound to
answer for the commission of an offense
• shall remain valid until the person to be arrested has
been arrested or has surrendered
CIRCUMSTANCES OF WARRANTLESS ARREST:
Arrest without warrant; when lawful. – A peace officer or
a private person may, without a warrant, arrest a
person:

• When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an offense;
• 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
• 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.
The National Bureau of Investigation (NBI)
Creation.

• The National Bureau of Investigation had its inception on 13

November 1936 upon the approval of Commonwealth Act No. 181
by legislation.

• It was the brainchild of the late President Manuel L Quezon and was
first organized as a Division of Investigation (DI) patterned after the
United States Federal Bureau of Investigation.
• The Bureau assumes an increasingly significant role as a law
enforcement agency, thus on 19 June 1947 and by virtue of Republic
Act No. 157 it was reorganized into the Bureau of Investigation.
• created by the virtue of Republic Act 9165.
• serves as the implementing arm of the Dangerous Drug
Board (DDB).
• headed by Director General with the rank of
Undersecretary, appointed by the President.
• The head of the PDEA is assisted by 2 deputies Director
General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by
the President.
OTHER LAW ENFORCEMENT AGENCIES
Second Pillar
THE PROSECUTION
PILLAR
What is Prosecution?
ü is the process or method whereby
accusations are bought before a court
of justice to determine the
innocence or guilt of the accused.
Prosecution v. Defense
　Prosecution - party in a criminal proceeding who
instituted the criminal action.

Defense - party against whom the criminal action was

instituted.
WHO IS A PROSECUTOR?

• A Prosecutor is a public officer having an authority to conduct legal

actions concerning the complaint filed at his office and perform
other prosecution functions as provided by law.
Role of Prosecution

Because the Police is the first link in the CJS, an

immediate working relationship between the
police and prosecution allows the prosecutor to be
involved in the investigative process in order:
ØTo review the legal strength of the case
ØTo review the action taken by the police while the
facts are still fresh; and
ØTo make better informed decisions concerning
the state’s course of action.
It serves as the screening process because:
Øthe PROSECUTION PILLAR takes care
of evaluating the evidences and formally
charges the suspects before the court.
ØThey decide on whether to file a case
based on evidences or dismiss the same.
ØIt determines what particular crime shall
be formally filed and present the burden
of proof against the suspected individual
in the court.
Prosecution Agencies
 Prosecution Agencies
Non-Government prosecuting agencies
• IBP – CLAO – FLAG – MABINI - Other legal-aid lawyer associations

• Attorneys in private practice should be deemed a part of this CJS

component. They represent the parties (complainant and
respondent) in proceedings before the public prosecutors.
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 should
be held for trial.
　　　　It is required to be conducted before the filing of
the information for an offense where the penalty prescribed
by law is at least 4 yrs, 2 mos. and 1 day.
The purpose of conducting preliminary investigation is to
establish probable cause.
PROCEDURE FOR PRELIMINARY INVESTIGATION

• There must be a complaint accompanied by the affidavit of the

complainant and his witnesses as well as other supporting documents
to establish probable cause.

• The investigating prosecutor shall either dismiss the case or issue a

subpoena to the respondent within ten (10) days after filing of the
complaint.
• The respondent shall submit his counter-affidavit and
that of his witnesses within ten (10) days from receipt
of the subpoena. If the respondent cannot be
subpoenaed or if he failed to submit his counter-
affidavit within the prescribed period, the
investigating prosecutor shall resolve the complaint
based on the evidence presented by the complainant.

• The investigating prosecutor may set a hearing if

there are facts or issues to be clarified. The hearing
shall be held within ten (10) days from the submission
of the counter-affidavit, or from the expiration of the
period of submission. Such hearing shall be
terminated within five (5) days.
• Within ten (10) days after the investigation, the investigating prosecutor
shall determine whether or not there is sufficient ground to hold the
respondent for trial.The termination of the hearing shall be the end of the
investigation.

• If the investigating prosecutor finds cause to hold the respondent for trial,
he shall prepare the resolution and information. He shall forward the record
of the case to the provincial or city prosecutor or chief state prosecutor
within five (5) days from his resolution.

• 　　　　If the investigating prosecutor recommends dismissal of the case,

the same procedure shall apply.
• 　　　　
• The provincial, city or chief state prosecutor shall act on the
resolution within ten (10) days from receipt and shall immediately inform
the parties of such action.

• 　　　　No complaint or information may be filed or dismissed by the

investigating prosecutor without prior written authority or approval of the
provincial or city or chief state prosecutor.
• If the investigating prosecutor recommends the filing of the case but the
provincial, city or chief state prosecutor disapproves and wants the case
dismissed, the provincial, city or chief state prosecutor may dismiss the
case without need for another preliminary investigation.

• 　　　　If the investigating prosecutor recommends dismissal of the case

but the provincial, city or chief state prosecutor finds probable cause, the
provincial, city or chief state prosecutor may file the information with the
court without the need for preliminary investigation.
　　　　
• In case either party is not satisfied with the findings of the provincial, city
or chief state prosecutor, he may submit his petition with the Secretary of
Justice.

• 　　　　The Secretary of Justice has the power to modify the resolution

of the provincial, city of chief state prosecutor. The Secretary may affirm
or reverse the resolution of the provincial, city or chief state prosecutor
without conducting another preliminary investigation.
PROSECUTION OF OFFENSES UNDER THE RULES OF COURT
(Rule 110, Rules of Criminal Procedure)

Information defined. – An information is

an accusation in writing charging a
person with an offense, subscribed by the
prosecutor and filed with the court.
• Affidavit is a statement of facts under oath.

• Summon shall be directed to the defendants, signed by

the clerk of court under seal and contain (a) the name
of the court and the names of the parties to the action;
(b) a direction that the defendant answer within the
time fixed by these Rules; (c) a notice that unless the
defendant so answers plaintiff will take judgment by
default and may be granted the relief applied for. (Sec.
2, Rule 14, Rules of Court)

• Subpoena is a process directed to a person requiring

him to attend and to testify at the hearing or the trial of
an action, or at any investigation conducted under the
law, or for the taking of his deposition (Section 1, Rule
23, Rules of Courts).
Two kinds of Subpoena

•Subpoena duces tecum

•Subpoena ad testificandum
Inquest proceeding
• Inquest proceeding is an inquiry made by the duty prosecutor to
determine the legality of the arrest made especially those arrests
made without a warrant.
• This process requires the prosecutors to resolve the
complaint the police filed in a prescribed period
which varies depending on the gravity of the offense:

• light penalties = 12 hours

• correctional penalties = 18 hours
• afflictive penalties = 36 hours

Unless signed a waiver under Art. 125 of the RPC

BAIL

• Bail is defined as the security given for the release of the

person in the custody of the law, furnished by him or the bondsman,
to guarantee his appearance before any court as required under the
conditions as specified.
• The purpose of bail is to secure the appearance of the accused
before the court when so required and to provide the accused of his
temporary liberty while awaiting the processing and disposition of
the case filed against him
BAIL THAT MAYBE POSTED BY THE ACCUSED MAYBE IN FORM OF:

• A. CASH DEPOSIT – the money that is deposited in cash with the

nearest collector of internal revenue or to the local treasurer by
the accused person or any person acting in his/her own behalf
• B. CORPORATE SURETY – a bond subscribed jointly by the accused
and an officer duly authorized by the board of directors of any
domestic or foreign corporation licensed as a surety provider in
accordance with law and currently authorized to act as such
• C. PROPERTY BOND – an undertaking constituted as a lien on the
real property given as security for the amount of bail
• D. RECOGNIZANCE – a written promise to appear in court during
any legal proceeding conducted for the purpose of trial or any
judicial proceeding of a case under investigation
 Third Pillar in
the Criminal
Justice System
THE CONCEPT OF COURT
　　　　
Three Branches of government:
• LEGISLATIVE =Congress, which is composed by the Senate and the
House of Representatives
• EXECUTIVE = office of the President and his cabinets.
• JUDICIARY = Supreme Court and in such lower courts as may be
established by law.
THE COURT PILLAR OF THE CJS

• The Courts occupy the third pillar of the CJS.

• It is the most sensitive phase of the criminal justice system
where fair and open trial is conducted.
• It 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 the last citadel of hope for fair administration of justice
JUDGE
　is a public officer so named in his commission
(written evidence of appointment) and appointed to
preside over and to administer the law in a court of
justice.
THE COURT SYSTEM IN THE PHILIPPINES

SUPREME COURT

COURT OF APPEALS
REGIONAL TRIAL COURT (RTC)

METROPOLITAN TRIAL
COURT (MeTC)

MUNICIPAL TRIAL COURT

IN CITIES (MTCC)

MUNICIPAL CIRCUIT
TRIAL COURT (MCTC)

MUNICIPAL TRIAL
COURT (MTC)
Batas Pambansa Blg. 129

- otherwise known as the Judiciary Reorganization Act

of 1980 which defines the organization, composition
and jurisdiction of the courts.
REGULAR COURTS
1. SUPREME COURT (SC)
• the highest court of the land.
• composed of a Chief Justice and 14 Associate Justices.
• has appellate jurisdiction over cases decided by the Court of Appeals
and has the power of judicial review.
• the court of last resort
 REGULAR COURTS

2. COURT OF APPEALS (CA)

• headed by a Presiding Justice and composed of sixty-eight (68)

Associate Justices.
• has appellate jurisdiction over cases decided by the Regional Trial
Courts.
• It reviews not only the decisions and orders of the Regional Trial
Courts nationwide, but also those of the Court of Tax Appeals
 REGULAR COURTS

3. REGIONAL TRIAL COURTS (RTC)

• presided by a Regional Judge.
• has general jurisdiction over criminal cases and has jurisdiction over
offenses punishable with imprisonment of six (6) years and one (1)
day and over.
• has appellate jurisdiction over cases decided by the MTCC, MTC,
MeTC and MCTC.
 REGULAR COURTS

4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal

Circuit Trial Court/Metropolitan Trial Court
• Original Jurisdiction:
• all violations of city and municipal ordinances
• all offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine
• damage to property through criminal negligence.
　MUNICIPAL TRIAL COURTS (MTC)
- every municipality in the Philippines has its own Municipal Trial Court
and every MTC covers only one municipality.

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)

- These are the equivalent of the Municipal Trial Courts in cities outside
Metropolitan Manila.
　MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
- A Municipal Circuit Trial Court is a municipal trial court
which covers two or more municipalities.

　METROPOLITAN TRIAL COURTS (MeTC)

- are Metropolitan Trial Courts in the cities in the
Metropolitan Manila Area as distinguished from the
other political subdivisions in the Philippines.
SESSION HOURS:
• MeTCs, MTCs and MCTCs hold daily sessions from Monday to Friday –
from 8:30 am to 12:00 noon and from 2:00 to 4:30 pm.
II. SPECIAL COURTS
1. SANDIGANBAYAN
• created under Presidential Decree No 1606.
• Its rank or level is equal to that of the Court of Appeals and
Court of Tax Appeals.
• It is composed of a Presiding Justice and fourteen (14)
Associate Justices.
• This special court is tasked to handle criminal cases involving
graft and corruption and other offenses committed by high-
ranking public officers and employees in connection with
the performance of their functions.
• It has original exclusive jurisdiction over public officers
accused of committing crimes in relation to their official
functions and whose salary grade is 27 and above.
 II. SPECIAL COURTS
2. COURT OF TAX APPEALS (CTA)
lcreated by Republic Act No 1125, as amended by Republic Act No
9282.
lIts rank or level is equal to that of the Court of Appeals and
Sandiganbayan.
lIt is composed of a Presiding Justice and five (5) Associate Justices.
lIt has both the original and appellate jurisdictions over civil and
criminal tax cases involving the National Internal Revenue Code, Tariff
and Customs Code and the Local Government Assessment Code.
 II. SPECIAL COURTS
3. SHARI’A COURTS
lcreated pursuant to Presidential Decree
1083, otherwise known as the Code of
Muslim Personal Laws of the Philippines.
lIt has exclusive jurisdiction over cases that
pertain to family rights and duties as well
as contractual relations of Filipino Muslims.
And decisions rendered by the Shari’a
District Courts are final.
III. Administrative Agencies
• a body endowed with quasi-legislative and quasi-judicial powers for the
purpose of enabling it to carry out laws entrusted to it for enforcement or
execution.
Administrative Agencies includes:
National Labor Relations Commission
Commission on elections
Bureau of Internal Revenue
Bureau of Customs
Board of Transportation
Commission on Audit
Energy Regulatory Board
Civil Service Commission
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal
• 　　Corrections is the fourth component of the criminal justice
system. It is the branch of administration of criminal justice charged
with the responsibility for the custody, supervision and rehabilitation
of convicted offenders. It also deals with punishment, treatment and
incarceration of offenders.
PURPOSES/OBJECTVES OF MODERN CORRECTIONS

• 1. RETRIBUTION
• -imprisonment is supposed to be the payment of the offender to the victim
or the victim’s family for the crime he committed against him or them

• 2. DETERRENCE
• 　　　　- Imprisonment is supposed to discourage convicted offenders from
committing crimes again because of their experience in the prison or jail
• -at the same time, imprisonment is supposed to discourage
3. ISOLATION
　　　　- Convicted offenders are separated from society to prevent them from committing
another crime
　　　　- At the same time, imprisonment protects law-abiding citizens from the harm criminals
may inflict on them
　　　　

4. REFORMATION

- this involves the use of punitive and disciplinary measures such as solitary confinement to modify
or reform criminal behavior whose conduct and deportment is not totally responding to
rehabilitation programs
• 　　
5. REHABILITATION
- based on the premise that through correctional intervention, such
as educational and vocational training and psychotherapeutic
programs, an offender may be changed

6. REINTEGRATION
- the effort of correction to change criminal behavior should result in
a situation and ability on the part of the penitent offender to return
to society in some productive and meaningful capacity in a free
community.
TWO DIVISIONS OF CORRECTIONS

　　　　1) Institutional Corrections

　　　　2) Non-Institutional Corrections
　　　　
2. Provincial Jails
All provincial jails in the country
are placed under the respective
provincial governments pursuant to the
provision of Section 61 of Republic Act
no. 6975 which states : “x x x The
provincial jails shall be supervised and
controlled by the provincial
government within its jurisdiction x x
x.”
 3. Municipal Jails/City Jails
Municipal Jails and City Jails,
on the other hand, are
administered by the Bureau of
Jail Management and Penology
(BJMP) created also under RA No.
6975. BJMP is placed under the
Department of the Interior and
Local Government.
Difference Between:
DETENTION PRISONERS - those held for security reasons,
investigation, those awaiting or undergoing trial and awaiting
judgment
ØPersons held for security reasons
ØPersons held for investigation
ØPersons waiting for final judgment
ØPersons waiting for trial
PRISON V. JAIL
PRISON

- derived from the Spanish word, “presidio”

- under the supervision of the national government through
the Bureau of Corrections under the Department of Justice
　　- has custody over convicted offenders whose sentence
is imprisonment of three years and one day and above
JAIL
• - derived from the Spanish words, “jaula” and “caula”
• - under the supervision of the local government through
either the Office of the Provincial Governor or Bureau of Jail
Management and Penology, both under the Department of
Interior and Local Government
• - has custody over convicted offenders whose sentence is
imprisonment of three years or less
• - has custody over offenders who are in detention while
undergoing investigation, undergoing trial and awaiting
judgment
3. COMMUTATION OF SENTENCE
LUPONG TAGAPAMAYAPA
LUPONG TAGAPAMAYAPA
PANGKAT TAGAPAGKASUNDO
Matters that fall under the jurisdiction of the Lupon: