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CJS Basic 3
CJS Basic 3
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.
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:
• 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.
• 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.
•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:
SUPREME COURT
COURT OF APPEALS
REGIONAL TRIAL COURT (RTC)
METROPOLITAN TRIAL
COURT (MeTC)
MUNICIPAL CIRCUIT
TRIAL COURT (MCTC)
MUNICIPAL TRIAL
COURT (MTC)
Batas Pambansa Blg. 129
• 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