CLJ Intro To Cjs 2 Atty JMF
CLJ Intro To Cjs 2 Atty JMF
INTRODUCTION TO
CIMINAL JUSTICE SYSTEM
Criminological Sense
A person who committed a crime
regardless whether reported or
referred.
CRIMINAL
Legal Sense
guilty
A person who was found
beyond reasonable doubt.
NOMENCLATURES
1. At the police stage- SUSPECT.
2. At the Prosecutors office-RESPONDENT.
3. At the trial of the case in court-ACCUSED.
4. At the Correctional Institution- CONVICT
5. After serving sentence, brought back to
community- CRIMINAL.
JUSTICE
2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused
CHAPTER 3:
THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM
FIVE PILLARS OF PCJS
1. LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTIONS
5. COMMUNITY
FIRST PILLAR:
LAW ENFORCEMENT
LAW ENFORCEMENT
-POLICE pillar
-prime mover of CJS
-frontline of the CJS
-initiator of the system
-first contact of the law violator
-It investigates, makes arrests and prepares
evidence against the suspects needed to
prosecute them.
LAW ENFORCEMENT
This pillar is comprised of the different law
enforcement agencies in the country such as
the Philippine National Police, the National
Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs,
the Bureau of Internal Revenue, and the Land
Transportation Office, among many others.
LAW ENFORCEMENT
PHILIPPINE NATIONAL POLICE
- organized pursuant to RA 6975, as
amended by RA 8551 as further amended by
R.A. 9708.
RELEVANT LAWS ON THE
ORGANIZATION OF THE PNP:
1. RA 6975 –
“Department of the Interior and Local Government Act of 1990”
approved on Dec 13, 1990
2. RA 8551 –
the “PNP Reform and Reorganization Act of 1998.
approved on February 25, 1998.
3. RA 9708 –
“An Act extending for 5 years the reglementary period for complying
the minimum educational qualification for appointment to the PNP and
adjusting the promotion system thereof”.
Approved on August 12, 2009
PHILIPPINE NATIONAL POLICE
- a law enforcement agency under the DILG.
- under administrative control and operational
supervision of the National Police Commission.
It is an organization that is national in scope and civilian
in character, as provided by Section 6, Article 16 of the 1987
Philippine Constitution: “The state shall establish and maintain
one police force which shall be national in scope and civilian in
character…”
POWERS AND FUNCTIONS OF THE PNP
1. Enforce all laws and ordinances relative to the protection of lives and
properties;
2. Maintain peace and order and take all necessary steps to ensure public
safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders,
bring offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;
5. 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;
6. Issue licenses for the possession of firearms and explosives in
accordance with law;
7. 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 purpose of their professions.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY
I. LAW ENFORCEMENT
The Philippine National Police has the power to
enforce laws and ordinances relative to the
protection of lives and property, such as the
Revised Penal Code, other special penal laws and
city and municipal ordinances.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY
II. CRIME PREVENTION
Is the elimination of the opportunity for the
commission of a crime.
Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant
ARREST
INFORMATION
- an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed
with the court.
INQUEST PROCEDURE
Inquest procedure is an inquiry made by the duty
prosecutor to determine the legality of the arrest made
especially those arrests made without a warrant.
1. Regular Courts
2. Special Courts
I. REGULAR COURTS
1. SANDIGANBAYAN
- Presidential Decree No 1606.
- equal to that of the Court of Appeals and Court of Tax
Appeals.
- 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)
- created by Republic Act No 1125, as amended by
Republic Act No 9282.
- It is composed of a Presiding Justice and five (5)
Associate Justices.
- - It 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
- created pursuant to Presidential Decree 1083,
otherwise known as the Code of Muslim Personal
Laws of the Philippines.
- It 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.
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal
First Stage: ARRAIGNMENT
- the reading of the criminal complaint or information
to the defendant, by the judge or clerk of court and
asking him whether he pleads guilty or not guilty as
charged.
- the stage where the accused is formally informed of the
charges against him
- the stage where the issues are joined in criminal
action and without which the proceedings cannot
advance further
- requires that the accused be personally or physically
present in court.
SECOND STAGE: PRE-TRIAL
- a conference called by the judge that requires the
presence of both the prosecution and the accused before the
beginning of a trial
- mandatory in all criminal cases
PENOLOGY
- a branch of criminology which deals with the treatment,
management and administration of inmates
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
1. RETRIBUTION
-imprisonment is supposed to be the payment of the offender to the
victim or the victims 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.
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
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.
PENALTY
- the suffering that is inflicted by the State
for the transgression of the law.
PUNISHMENT
- it is the redress that the state takes against
the offender member of society
MITTIMUS
- is a warrant issued by a court bearing its seal
and the signature of the judge directing the jail or
prison authorities to receive the convicted offender
for service of sentence.
COMMITMENT ORDER
- is a written order of a court or authority
consigning a person to jail or prison for detention.
INSTITUTIONAL CORRECTIONS
DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:
OLD BILIBID PRISON
- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa
BUREAU OF PRISONS
- created pursuant to Act No 1407, otherwise known as the Reorganization Act
of 1905, enacted on 1 November 1905, as an agency under the Department of
Commerce and Police
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No
292 dated 22 November 1989.
SEVEN (7) PRISONS AND PENAL
FARMS IN THE PHILIPPINES
1. SAN RAMON PRISON AND PENAL FARM
2. IWAHIG PENAL COLONY
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
4. DAVAO PENAL COLONY
5. NEW BILIBID PRISON
6. SABLAYAN PRISON AND PENAL FARM
7. LEYTE REGIONAL PRISON
INSTITUTIONAL CORRECTIONAL AGENCIES
IN THE PHILIPPINES
1. Bureau of Corrections
-an attached agency of the Department of Justice
- principal task is for the rehabilitation of prisoners
- maintains its offices at the New Bilibid Prison Compound in Muntinlupa City
- exercises over all control and supervision of all the corrections/prisons
facilities nationwide
- has custody of prisoners sentenced to imprisonment of more than three (3) years
2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each
province. It shall be under the supervision and control of the provincial governors.
3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act
6975, exercises supervision and control over all district, city and municipal jail
nationwide. Formally established on January 2, 1991.
CLASSIFICATION OF PRISONERS
1. DETENTION PRISONERS - those held for security
reasons, investigation, those awaiting or undergoing trial
and awaiting judgment.
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
CLASSIFICATION OF PRISONERS
1. SENTENCED PRISONERS - those convicted by final
judgment and are serving their sentence
a. Municipal Jail Prisoner – 1 day to 6 months.
b. City Jail Prisoner – 1 day to 3 years
c. Provincial Jail – 6 months one day to 3 years
d. National or insular Prisoners – Sentenced to 3 years 1
day to Reclusion Perpetua or Life Imprisonment.
PRISON
- 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
- 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
NON-INSTITUTIONAL CORRECTIONS
BOARD OF PARDONS AND PAROLE
1. PARDON
- is a form of executive clemency granted by the
President as a privilege extended to convicts as a
discretionary act of grace.
TWO (2) KINDS OF PARDON
a. ABSOLUTE PARDON - refers to the total extinction of
the criminal liability of the individual
b. CONDITIONAL PARDON - refers to an exemption of
an individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal
liability.
2. REPRIEVE
- the temporary stay of the execution of a sentence,
usually a death sentence
- another prerogative exercised by the President
- generally, applied to death sentences already
affirmed by the Supreme Court
3. COMMUTATION OF SENTENCE
- an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term
- refers to the reduction of the duration of a prison
sentence
- another prerogative of the President
4. AMNESTY
- a special form of pardon exercised by the President
- a general pardon extended to a certain class of
people who are usually political offenders
- needs the concurrence or approval of Congress
PAROLE
- a procedure by which prisoners are selected for
release on the basis of individual response and progress
within the correctional institution and a service by which
they are provided with necessary control and guidance as
they serve the remainder of their sentence within the
community
- provided by Act No 4103, the Indeterminate Sentence
Law, which took effect on 5 December 1933.
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. It is a privilege granted by the court to a
person convicted of a criminal offense to remain in the
community instead of actually going to prison.
- provided by Presidential Decree No 986, the Probation
Law of 1976
FIFTH PILLAR:
COMMUNITY
Role of the Community as the fifth pillar of
the Criminal Justice System
The community is understood to mean as “elements
that are mobilized and energized to help authorities in
effectively addressing the law and order concern of the
citizenry.”
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the Criminal Justice
system, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals,
and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the Criminal Justice
system, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals,
and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
Laws Governing Barangay Justice System
PD 1508
“An Act Establishing a System of Amicably Settling Disputes at the Barangay Level”
RA 7160
RA 7160 is otherwise known as the 1991 Local Government Code.
This gives barangays the mandate to enforce peace and order and provide support for the
effective enforcement of human rights and justice.
Batas Pambansa Blg. 337 or the 1983 Local Government Code
Katarungang Barangay (KP) is a system of
justice administered at the barangay level for the purpose
of amicable settling disputes through mediation,
conciliation or arbitration among the family or barangay
without resorting to the courts.
Barangay
The basic political unit
Serves as the primary planning and implementing
unit of government policies, plans, programs,
projects, and activities in the community, and as a
forum wherein the collective views of the people
may be expressed, crystallized, and considered,
and where disputes may be amicably settled. (Sec
384 of the Local Government Code)
Composition of Barangay Officials
Composition
Pangkat ng Tagapagkasundo is a conciliation panel constituted for
each dispute brought before the Lupon. It is composed of three (3)
members who shall be chosen by the parties to the dispute from the
list of members of the Lupon.
Should the parties fail to agree on the Pangkat membership, the
same shall be determined by lots drawn by the Barangay Chairman.
THE END