Community Policing

The community as an essential pillar of the criminal justice system also plays an
important role in law enforcement. The policies on human rights recognize this
role. Thus, there is a need to establish a partnership between the police and the
community not only in crime prevention but also in crime detection.

The law enforcement, together with the community, must adopt a community
relations policy and plan of action. All sectors must be involved and the police
must learn the diversity cultures of each community.

Public information and public dissemination through community outreach

programs is recognized as a mode of reaching out to the community. In some
countries, law enforcement agencies assign officers to a neighborhood beat. The
community must be actively involved in identifying problems and concerns
through the use of creative problem-solving approach to the development of
responses, including the adoption of nontraditional tactics and strategies. The
community is also expected to coordinate its policies, strategies, and activities
with other government and nongovernment organizations and agencies.

Police Violations

It is a basic principle that law enforcement officials shall respect and protect
human dignity and shall maintain and uphold the human rights of all persons.
Law enforcement agencies shall be accountable to the community as a whole.
Effective mechanisms shall be established to ensure internal discipline and
external control as well as the effective supervision of law enforcement officials.
Superior officers shall be held responsible for abuses if they knew or should have
known of their occurrence and did not take action. But law enforcers must
receive immunity from prosecution or discipline for refusing unlawful superior
orders. Obedience to superior orders shall not be a defense for violations
committed by police.

Law enforcement officials who have the reason to believe that a violation has
occurred or is about to occur shall report the matter. On the other hand,
provision shall be made for the receipt and processing of complaints against law
enforcement officials by members of the public, and the existence of these
provisions shall be publicized. Investigations into violations shall be prompt,
competent, thorough, and impartial.

Investigations shall seek to identify victims; to recover and preserve evidence; to

discover witnesses; to discover cause, manner, location, and time of the
violation; and to identify and apprehend perpetrators. Crime scenes shall be
carefully processed.
Summary

Human rights are one of the most pressing issues faced by the Philippine
National Police today. Alleged human rights violations by erring police personne
had made discussions about human rights a source of discomfort within the
police circles. Some even dismissed human rights as a propaganda tool used by
enemies of the state to denounce the police and the military. Little did they know
that policing gives life to human rights, meaning that the police make decisions
that either affirm or deny the human rights of individuals.

The truth is, police officers perceive human rights as an obstacle to, rather than
as the foundation of, their work. Thus, at this early stage, human rights training
must be offered during tertiary education to instill in the students' minds that
human rights are and should always be at the back of their minds whenever
engaged in active law enforcement. It is a good thing that the Commission on
Higher Education included the study of Human Rights Education as part of the
curriculum of the Bachelor of Science in Criminology program under the CHED
Memorandum Order No. 05 s. 2018.

For many, police are the most visible state representatives and those with whom
citizens are most likely to come into contact. They therefore represent the
government in action. The police may, thus, influence the citizens' overall
opinions on and perspectives of government as a whole, with their actions
strengthening or weakening the public support necessary to sustain a viable
democracy.

Thus, "all PNP personnel shall respect the human rights and dignity of the
suspect(s) during police operations." This is one of the two functions of a police
officer as enunciated by the PNP Operations Manual.

If understood in the proper context, the promotion and protection of human

rights are at the very core of policing. The enforcement of laws and the
maintenance of peace and order are, first and foremost, about protecting the
rights of citizens. For example, police patrol the streets to deter criminals from
committing robbery or theft.

These crimes violate another person's right to property ownership. Or whenever

a police checkpoint is set up, it is essentially about promoting the community's
right to have a safer place to work or live in -and not just about establishing a
security cordon.
From a strictly legal standpoint, human rights violations can only occur because
of state actions or omissions toward individuals. One person's actions gainst
another, for example, an act of murder, violates the law and not human lights.
But if a state by its act or omission resulted to the murder of a person, it has
much different human rights consequences than the same murder committed by
a private person.

At its best, policing is a noble undertaking, protecting, defending, reassuring,

calming, and restoring the social order as well as the dignity of individuals -
victims, fenders, and the community-at-large. At its worst, policing eschews
democratic principles, rather favoring brute, and indiscriminate force, ultimately
trampling human rights.

The state's obligation to protect, respect, and fulfill human rights is

constitutionally entrenched. In furtherance of its obligation to fulfill, the Congress
is duty bound to give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, among others.

At present, there are eight articles in the United Nations Code of Conduct for Law
Enforcement Officials, to wit: 1) always perform duties under the law; 2) respect
and safeguard human rights; 3) use of force only when strictly necessary; 4)
respect confidentiality; 5) never inflict any act of torture or ill-treatment; 6)
safeguard the health of all those in custody; 7) never commit any act of
corruption; and 8) respect the law and this code.

In the Philippine National Police, they adopted the following doctrines, policies,
and issuances concerning human rights: First, the PNP Ethical Doctrine states
that "all members of the Philippine National Police shall serve with utmost
responsibility, integrity, morality, loyalty, and efficiency with due respect to
human rights and dignity as hallmarks of a democratic society." Also, PNP Code
of Professional Conduct and Ethical Standards expressly cites respect for human
rights as a high standard that must be maintained during the performance of
police duties. Letter of Instructions No. 55/07 also states that "members of the
Philippine National Police shall embrace the highest principles of the Universal
Declaration of Human Rights." It also emphasizes that respect for human rights
and dignity shall apply to everyone including all members of the police service,
regardless of education, gender, religion, political beliefs, and all other types of
status.

As the saying goes, "A right is not what someone gives you; it's what no one can
take from you.
UNIT IV:
THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM
AND HUMAN RIGHTS

OVERVIEW

This unit deals with the five pillars of the Philippine Criminal Justice System
(PCS) and the relevant human rights that are part and parcel thereof. All aspects
of PCS are thoroughly discussed, the necessary steps are included, and relevant
learnings thereof are elaborated.

Also, salient matters on each human right are talked about in this unit. These
rights are vital to your knowledge as criminology students, apart from their
necessary ramifications, effects, as well as their essential principles and
concepts.

In the end, you will realize that human rights exist and are integral to the pillars
of the PC]S and very vital to your learnings on the whole subject of human rights
education.

LESSON 1:
INTRODUCTION TO THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM

Lesson Objectives
When you finish reading this lesson, you should be able to:
1. Understand the concepts and principles of the Philippine Criminal Justice
System;
2. Determine the institutional framework of the five pillars of the Philippine
3. Criminal Justice System and their interrelationship; and
4. Know a brief summary of the formal legal protection system of the Philippines.

———————————————————————

DEFINITION OF TERMS
* Criminal Justice - Encompasses a chain of events, activities, tasks, or functions
necessary in the official response to perceived problems of law and order, which
includes the following: crime prevention, and crime reduction: the arrest and
prosecution of suspects; the hearing of criminal cases by the courts; sentencing,
administration, and enforcement of court orders, parole and other forms of
license for prisoners; and work with offenders and ex-offenders in prison or in
the community
* Philippine Criminal Justice System - System or process in the community by
which crimes are investigated and the persons suspected thereof are taken into
custody, prosecuted in court, and punished, and if found guilty, provisions being
made for their correction and rehabilitation.

————————————————————————

Introduction

The term "criminal justice" encompasses a chain of events, activities, tasks, or

functions that constitute the official response to perceived problems of law and
order, which includes the following: crime prevention and crime reduction; the
arrest and prosecution of suspects; the hearing of criminal cases by the courts;
sentencing, administration, and enforcement of court orders; parole and other
forms of license for prisoners; and work with offenders and ex-offenders in
prison or in the community. In this lesson, we will look closely at the basic
principles, concepts, and frameworks of the criminal justice system in the
Philippine setting.

Overview of the Philippine Criminal Justice System

In the Philippines, the "criminal justice system" consists of the system of courts,
including the barangay justice system, the informal justice system implemented
through practice particularly by indigenous communities, and the quasi-judicial
bodies empowered by law to perform adjudicatory functions; the systems for law
enforcement and prosecution which involve investigating, apprehending, and
prosecuting those who could not be deterred from violating the law and the rules
of the society; the system of corrections and rehabilitation or the means of
rehabilitating offenders and returning them to the community as law-abiding
citizens; and the community which collectively imposes limitations on individual
behavior of citizens for the common good of civilized and democratic society that
deters criminality and criminal behavior (The Supreme Court of the Philippines,
n.d.; United Nations Development Programme, 2006).

Plainly, the Philippine Criminal Justice System or PCS can be defined as a system
or process in the community by which crimes are investigated, and the person
suspected thereof are taken into custody, prosecuted in court, and punished and
if found guilty, provisions are being made for their correction and rehabilitation.

Types of Crimes Within the PCS

There are about 18 types of crimes as specified in the penal code and other
laws:

a. Crimes against national security and law of nations

b. Crimes against the fundamental laws of the state
c. Crimes against public order
d. Crimes against public interest
e. Crimes related to opium and prohibited drugs (as amended by R.A. No.
6245)
f. Crimes against public morals
g. Crimes committed by public officers
h. Crimes against persons
i. Crimes against personal liberty and security
j. Crimes against property
k. Crimes against chastity
l. Crimes against civil status of persons
m. Crimes against honor
n. Quasi-judicial offenses
o. Special crimes as provided for under special laws, such as carnapping,
hijacking, and plunder
p. Violations of city and municipal ordinances
q. Crimes handled by special courts, such as corporate crimes, heinous
crimes, intellectual property rights violations, and violation of forestry laws
r. Crimes under the jurisdiction of the barangay justice system

There is no formally established common and operational classification of crimes

within the criminal justice system other than that provided for in the penal code
and other crime legislation. Thus, any other act not covered under any of the
aforementioned categorization of crimes cannot be punishable by law. Nullum
crimen nulla poena sine lege.

Institutional Framework of the Five Pillars of the PCJS; Summary of

Function and Composition

Other countries have only three or four pillars of the criminal justice, but the
PCIS is composed of five pillars with the inclusion of the community among the
pillars. (See Figure 4.1)

In the Philippines, the responsibility for the criminal justice system is primarily on
the national government with local governments performing supportive roles.

Law Enforcement

Function. Law enforcement involves prevention of the commission of crime and

the protection of the life, liberty, and properties of citizens. The national
government plays the primary role in law enforcement, particularly in policing.
Composition. Composed of five major law enforcement agencies, such as the
Philippine National Police (PNP), National Bureau of Investigation (NBI),
Philippine Drug Enforcement Agency (PDEA), Bureau of Immigration and
Deportation (BID), and Bureau of Customs (BOC).

Prosecution

Function. The prosecution pillar conducts preliminary investigation of cases filed

in the prosecutors' offices and prosecutes cases filed in the court against alleged
offenders after probable cause has been established.

Composition. Composed primarily of two national government agencies the

National Prosecution Service (NIS), an organic unit of the Department of Justice
and the Office of the Ombudsman.

Judiciary

Function. Judicial power is vested in the judiciary. The judiciary pillar adjudicate
cases and renders judgment.

Composition. The Philippine judiciary is a four-tiered court system consisting of

the Supreme Court as the highest court of the land; the intermediate courts
consisting of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals,
the second-level courts, which consist of regional trials courts; and the first-level
courts comprising of the metropolitan trial courts, municipal trial courts in cites
municipal trial courts, and municipal circuit trial courts.

Correction

Function. Correction, inmates' welfare and development, rehabilitation,

jail/prison management, and reintegration.

Composition. It is composed of two major and equally significant components:

(g the institution-based and (ii) the community-based corrections. The
institution. based corrections are composed of prisons and jails administered by
the Bureau of Corrections of the DOJ, the Bureau of Jail Management and
Penology of the DILG, and the local government units with regard to provincial
and sub-provincial jails. Community-based corrections pertain to probation and
parole. The Bureau of Pardons and Parole is authorized by law to grant parole to
qualified prisoners, whereas the Parole and Probation Administration (PPA) of the
DO administers the probation and parole systems in the Philippines.
Community

Function. The community pillar collectively imposes limitations on individual

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

Composition. Composed of the nongovernment organizations (NGOs), civil

society organizations (COs), Commission on Human Rights (CHR), Department of
Social Welfare and Development (DSWD), schools/ universities, and church/
religiousgroups.

Salient Points of the Procedural Steps

Police Investigation

Important. Police investigation is done motu proprio (on its own) or upon filing
of complaint in the police station investigation is undertaken through
surveillance, interview persons with knowledges that directly or indirectly
connected with the offense including the masters who consent to be
questioned), entrapment operations (buy-bust), search and see suspect arrest,
interrogation of suspects in police custody, and gathering of physical on the
case. The police report is prepared, and a casa is filed with the prosecutor's
office within the geographical jurisdiction.

Relevant Procedural Rules: Arrest and Warranties Arrests (Rule 113 of the
Rules of Court): Rules on Custodial Investigation (Article Ill, Section XIl of the
1987 Constitution)

No person may be taken into custody except only by virtue of a warrant of arrest
issued by a competent court. (Rule 113, Rules of Court)

Arrest without warrant by a peace officer or a private person may only be

allowed under the following circumstances specified in the Rules of Court:

(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 has committed it;
and

(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. (Sec. 5, Rule 113, Rules of Court)

Upon arrest, the alleged offender or perpetrator is detained at a police lockup for
custodial investigation. By custodial investigation, we mean questioning initiated
by law enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way. (People v.
Basay, G.R. No. 86941, March 3, 1993)

Due to the inherently coercive atmosphere of custodial investigation, the 1987

Constitution provided safeguards to ensure the rights of the person under
investigation, as follows:

"Any person under investigation for the commission of an offense shall

have the right to be informed of his right to remain silent and to have competent
and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.”

Preliminary Investigation

Important. A preliminary investigation is an inquiry or proceeding 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. (Section 1, Rule 112, Rules of Court)

Relevant Procedural Rules: Preliminary Investigation (Rule 112 of the Rules of

Court), Rules on Inquest (Article 125 of the Revised Penal Code, As Amended)

Except in cases of lawful arrest without warrant, a preliminary investigation

required to be conducted before the filing of a complaint or information for an
offense where the penalty prescribed by law is at least four years, two months,
and one day without regard to the fine. (Section 1, Rule 112, Rules of Court)

In Arula v. Espino, (No. L-28949, June 23, 1969, 28 SCRA 540, 592), the Court
rendered the three purposes of a preliminary investigation, to wit:

(1) To inquire concerning the commission of a crime and the connection of the
accused with it, in order that he may be informed of the nature and character of
the crime charged against him, and, if there is probable cause for believing him
guilty, that the state may take the necessary steps to bring him to trial;

(2) To preserve the evidence and keep the witnesses within the control of the
State; and
(3) To determine the amount of bail if the offense is bailable. The officer
conducting the examination investigates or inquires into facts concerning the
commission of a crime with the end in view of determining whether an
information may be prepared against the accused.

The determination of the existence of probable cause lies within the discretion of
the public prosecutor after conducting a preliminary investigation upon the
complaint of an offended party. Probable cause for purposes of filing a criminal
information is defined as such facts as are sufficient to engender a well-founded
belief that a crime has been committed and that the respondent is probably
guilty thereof. A finding of probable cause needs only to rest on evidence
showing that ore likely than not a crime has been committed and that it was
committed by the accused. Probable cause, although it requires less than
evidence justifying a conviction, demands more than bare suspicion. (Callo-
Charidal o. Easton, et. al., G. R. No. 191567, March 20, 2013)

An inquest is an informal and summary investigation conducted by a 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 be charged in
court.

Under Article 125 of the Revised Penal Code, as amended, the inquest
proceedings must be terminated within the prescribed periods prescribed, to wit:
(1) 12 hours for crimes or offenses punishable by light penalties, or their
equivalent (2) 18 hours, for crimes of offenses punishable by correctional
penalties, or their equivalent; and (3) 36 hours, for crimes or offenses punishable
by afflictive or capital penalties, or their equivalent.

Issuance of Resolution

Important. The finding of probable cause is contained in a document called a

resolution. If the city or provincial prosecutor approves of the resolution, then
the proper information is filed in the proper court. If the imposable penalty is
below six years, then the case is filed with the municipal trial court. If the
imposable penalty is more than six years, then the case is filed with the regional
trial court.

Filing of Information in Court

Important. Upon approval of the resolution, proper information is filed in the

proper court. The information is a formal accusation or charge against a person
who is believed to have committed the crime. If the imposable penalty is below
six years, then the case is filed with the municipal trial court. If the imposable
penalty is more than six years, then the case is filed with the regional trial court.

Arrest and Posting of Bail

Important. As previously stated, probable cause for the issuance of a warrant

of arrest is the existence of such facts and circumstances that would lead a
reasonably discreet and prudent person to believe that an offense has been
committed by the person sought to be arrested.
Relevant Procedural Rules: Arrest (Rule 113 of the Rules of Court), Bail GRule
114 of the Rules of Court)

As aforementioned, the judge determines whether or not a warrant of arrest

should be issued against the accused. Before issuing a warrant of arrest, the
judge just satisfy himself that based on the evidence submitted, there is
sufficient proof hat a crime has been committed and that the person to be
arrested is probably gully thereof. (Rule 113, Rules of Court)

On the other hand, bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman to guarantee his
appearance before any court. Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance. Bail cannot be posted before
custody of the accused has been acquired by the judicial authorities by his arrest
or voluntary surrender. (Rule 114, Rules of Court)

Arraignment

Important. Arraignment is the means of bringing the accused into court and
informing him or her of the nature and cause of the accusation against him or
her.

During arraignment, the accused is made fully aware of possible loss of freedom
of life. The accused is informed why the prosecuting arm of the state is mobilized
against him or her. Thus, it is necessary in order to fix the identity of the
accused to inform him or her of the charge against him or her and to provide
him or her the opportunity to plead.

Relevant Procedural Rule: Arraignment and Plea (Rule 116, Rules of

Court)

The accused must be arraigned before the court where the complaint or
information was filed or assigned for trial. The arraignment shall be made in
open court by the judge or clerk by furnishing the accused with a copy of the
complaint or information, reading the same in the language or dialect known to
him or her, and asking him or her whether he or she pleads guilty or not guilty.
The prosecution may call at the trial witnesses other than those named in the
complaint or information.

The accused must be present at the arraignment and must personally enter his
or her plea. Both arraignment and plea shall be made of record, but failure to do
so Shall not affect the validity of the proceedings. When the accused refuses to
plead or makes a conditional plea, a plea of not guilty shall be entered for him or
her. When the accused pleads guilty but presents exculpatory evidence, his or
her plea shall be deemed withdrawn and a plea of not guilty shall be entered for
him or her. (Section 1, Rule 116, Rules of Court)

Pre-Trial

Important. Pre-trial is mandatory in criminal cases.

Relevant Procedural Rule: Pre-Trial (Rule 118 of the Rules of Court)

In all criminal cases cognizable by the Sandiganbayan, regional trial court,

metropolitan trial court, municipal trial court in cities, municipal trial court and
municipal circuit trial court, the court shall after arraignment, order a pre-trial
conference to consider the following:

(a) Plea bargaining;

(b) Stipulation of facts;
(c) Marking for identification of evidence of the parties;
(d) Waiver of objections to admissibility of evidence;
(e) Modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
(f) Such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case. (Section 1, Rule
118, Rules of Court)

After the pre-trial conference, the court shall issue an order reciting the actions
taken, the facts stipulated, and evidence marked. Such order shall bind the
parties, limit the trial to matters not disposed of, and control the course of the
action during the trial, unless modified by the court to prevent manifest injustice.
(Section 4, Rule 118, Rules of Court)

Trial and Promulgation of Judgment

Important. The present rules mandate a continuous trial as governed by the

Revised Guidelines for Continuous Trial in Criminal Cases. (A.M. No. 15-06-10-SC
As per the guidelines, the court shall announce in open court and include in the
order submitting the case for decision the date of the promulgation of its
decision, which shall not be more than 90 calendar days from the date the case
is submitted for provide for decision, except when the case is governed by
Special Rules and other laws, which provides for a shorter period.

Relevant Procedural Rule: Trial (Rule 119 of the Rules of Court); Judgment (Rule
120 of the Rules of Court)

Judgment is the adjudication by the court that the accused is guilty or not guilty
of the offense charged and the imposition on him of the proper penalty and civil
fiablity, if any. It must be written in the official language, personally and directly
prepared by the judge and signed by him and shall contain clearly and distinctly
a statement of the facts and the law upon which it is based. (Section 1, Rule
120, Rules of Court)

The judgment is promulgated by reading it in the presence of the accused and

any judge of the court in which it was rendered. However, if the conviction is for
plight offense, the judgment may be pronounced in the presence of his counsel
or representative. When the judge is absent or outside of the province or city,
the iudgment may be promulgated by the clerk of court. (Section 6, Rule 120,
Rules of Court)

Informal Norms or Protection and Alternative Modes of Resolution

In the Philippines, aside from the formal norms of protection as established by

procedural rules, there are informal norms of protection and alternative modes of
resolution to wit:

1. The Local Government Code of 1991 created the Katarungan Pambarangay

System or Lupons Tagapamayapa to assist in the settlement of disputes arising
from potential litigants who reside in the same barangay, municipality, or city.
The following are its notable features:

a. Disputes are settled through mediation and conciliation precedent to court

action rather than through litigation and adjudications;

b. Conciliation is compulsory since it is a condition precedent to court action;

c. Lawyers are banned from the conciliation proceedings;

d. No cost or fees charged for services rendered in connection with the

proceedings; and
е. Conciliators are chosen and appointed by the barangay captain from among
the peers and neighbors of the disputants. (Local Government Code, 1991)

2. Republic Act 9285 of 2004 institutionalizes the use of an alternative dispute

resolution (ADR system in the Philippines to promote party autonomy in the
resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes. Herein, the law defined ADR as any
process or procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government
agency, in which a neutral third party participates to assist in the resolution of
issues. It includes arbitration, mediation, conciliation, early neutral evaluation,
mini-trial, or any combination of these schemes. (R.A. No. 9285) The 1987
Philippine Constitution provides that the state shall consider the customs,
traditions, beliefs, and interests of national cultural communities in the
formulation and implementation of state policies. (Art. XIV, Sec.17) In this light,
Republic Act 8371 or the Indigenous Peoples' Rights Act was passed, recognizing
the indigenous peoples' justice system and conflict resolution institutions. While
the systems among the indigenous peoples' justice systems vary in approaches
and methodologies, common to these traditional practices is the participation of
the community members in settling disputes.

3. The 1987 Philippine Constitution provides that the state shall consider the
customs, traditions, beliefs, and interests of national cultural communities in the
formulation and implementation of state policies. (Art. XIV, Sec.17) In this light,
Republic Act 8371 or the Indigenous Peoples' Rights Act was passed, recognizing
the indigenous peoples' justice system and conflict resolution institutions. While
the systems among the indigenous peoples' justice systems vary in approaches
and methodologies, common to these traditional practices is the participation of
the community members in settling disputes.

4. Presidential Decree 1083 (P.D. No. 1083) provides for the codification of
Muslim Personal Laws and the establishment of a Sharia justice system. By
creating a formal system for informal norms of justice, the uniqueness of
thinking of Muslim Filipinos to what is just and lawful in civil relationships is
recognized by the state. Criminality is however still within the ambit of the
Revised Penal Code and other Special Penal Laws and not within the ambit of the
Sharia justice system.

5. Quasi-judicial agencies of the executive department, although not considered

courts of justice, are empowered to hear and decide on cases provided by their
respective mandates. Examples of these agencies are the Civil Service
Commission, Securities and Exchange Commission, Land Registration Authority,
Social Security Commission, Energy Regulatory Board, National
Telecommunications Commission, and Department of Agrarian Reform.
Summary
In this lesson, we had a closer look at the concepts and principles of the
Philippine Criminal Justice System. We learned the types of crimes that fall within
the mantle of the criminal justice system and discussed the pillars of the
Philippine Criminal Justice System and their interrelationship. Finally, we
discussed the salient points about formal legal protection. As law enforcers,
having a clear understanding of these processes and frameworks will enable you
to position yourselves -your tasks, roles, and responsibilities - within the greater
scheme of our justice system.

LESSON 2:
EXAMINING THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM

Lesson Objectives

When you finish reading this lesson, you should be able to:
1. understand each pillar of the PCIS; and
2. discuss the creation, composition, function, and other matters relevant to each
pillar of the PCJS.

DEFINITION OF TERMS
Law Enforcement Agencies - Organizations and offices of the government
that enforce the laws or assist in the enforcement of the laws as mandated by
the law creating them

Introduction

In the previous lesson, we had an overview of the basic concepts and principles
of the Philippine Criminal Justice System. In this lesson, we will examine closely
and in detail the various pillars of the Philippine Criminal Justice System. As we
discuss each pillar one by one, reflect upon how each pillar connects with your
role as future law enforcers.

I. Law Enforcement Pillar

Law enforcement agencies are organizations and offices of the government that
enforce the laws or assist in the enforcement of the laws as mandated by the
law creating them. The law enforcement pillar serves as the front line of the
encounter with the criminals or those who threaten the social order. They are
the arm of the government charged with the enforcement of the law. They play
a vital role in enforcing the laws.
The Philippine National Police, the National Bureau of Investigation, the
Philippine Drug Enforcement Agency, and the National Police Commission, along
with 34 other agencies performing police functions, are the agencies
spearheading the law enforcement in the country. These agencies are generally
tasked to prevent the commission of crimes and maintain peace and order in the
community.
A. Philippine National Police
Under the RA. No. 6975, the Philippine National Police PNP was established,
consisting of members of the police forces who were incorporated into the
Integrated National Police (INP) pursuant to Presidential Decree No. 765; the
officers and enlisted personnel of the Philippine Constabulary (PC); and the
regular operatives of the abolished NAPOLCOM Inspection, Investigation and
Intelligence Branch.

Under the law, the following are its powers and functions, to wit:

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 practice of their professions; and

8. Perform such other duties and exercise all other functions as may be provided
by law.

B. National Bureau of Investigation

The National Bureau of Investigation was created in 1936 with the enactment of
Commonwealth Act No. 181, as a Division of Investigation (DI) under the
Department of Justice. Under this law, its mandate was to serve warrants and
subpoenas; to make searches and seizures under legal warrants for violations of
the laws of the Philippines; and to make arrests without warrants for a crime
committed in their presence or within their view.

R.A. No. 157 repealed Commonwealth Act No. 181 and converted the Division
into the Bureau of Investigation with its functions expanded and the powers of
its investigating staff increased.

Executive Order No. 94, issued on October 4, 1947, renamed it to the presently
known National Bureau of Investigation (NBI). NBI is tasked mainly to:

1. Investigate crimes and other offenses against the laws of the Philippines, both
on its own initiative and as public interest may require;

2. Assist, when officially requested, in the investigation or detection of crimes

and other offenses;

3. Act as national clearing house of criminal records and other information, for
use of all prosecuting and law enforcement entities in the Philippines, of
identification records, of identifying marks, characteristics and ownership or
possession of all firearms and test bullets fired therefrom;

4. Give technical help to all prosecuting and law enforcement offices, agencies of
the government, and courts which may ask for its services;

5. Extend its services in the investigation of cases administrative or civil in nature

in which the government is interested;

6. Establish and maintain an up-to-date scientific crime laboratory, and conduct

researches in furtherance of scientific knowledge in criminal investigation;

7. Coordinate with other national or local agencies in the maintenance of peace

and order; and

8. Undertake the instruction and training of a representative number of city and

municipal peace officers at the request of their respective superiors along
effective methods of crime investigation and detection in order to ensure greater
efficiency in the discharge of their duties.
C. Philippine Drug Enforcement Agency
The enactment of RA. No. 9165 reorganized the Philippine drug law enforcement
system. The law created the Philippine Drug Enforcement Agency PDEA) under
the Office of the President. The new law also abolished the National Drug Law
Enforcement and Prevention Coordinating Center, Philippine National Police-
Narcotics Group (PNP-NARGRP), National Bureau of Investigation-Narcotics Unit
(NBI-NU), and the Customs Narcotics Interdiction Office (CNIO). Personnel of
these abolished agencies were to continue performing their tasks on detail
service with the PDEA subject to a rigid screening process.

The PDEA is the agency primarily tasked with the enforcement of R.A. No. 9165.

D. National Police Commission

The R.A. No. 6975, as amended, mandates the National Police Commission
(NAPOLCOM) to exercise administrative control and operational supervision over
the PNP. It is an attached agency to the Department of the Interior and Local
Government (DILG) for purposes of program and policy coordination. NAPOLCOM
is a collegial body composed of a chairperson and four regular commissioners.
The DILG Secretary is the ex officio chairperson of the commission and the PNP
Chief is an ex officio member. At present, NAPOLCOM has seven staff services in
its central office and 17 regional offices nationwide as follows: Planning and
Research Services; Inspection, Monitoring and Investigation Service; Crime
Prevention and Coordination Service; Installations and Logistics Service; Legal
Affairs Service; Personnel and Administrative Service; and Financial Service. The
Commission also has formal administrative disciplinary appellate machinery
consisting of the National Appellate Board and the Regional Appellate Boards.

Law Enforcement Pillar and Human Rights

The module released by the Office of the High Commissioner for Human Rights
(OHCHR) should always be followed in training new law enforcement officials.
The use of force or violence in responding or arresting an accused has always
been an issue in Philippine law enforcement agencies, and sometimes, these
authorities use their power excessively and for purposes other than protecting
and preserving peace. Arresting an individual is depriving him or her with his or
her liberty, thus, affecting his or her human rights. Arresting, therefore, should
always be treated seriously and conducted legally. In an investigation of an
excuse, the law enforcement should always keep in mind that all accused are
entitled to the presumption of innocence, a fair trial, and respect to dignity and
privacy.

II. Prosecution Pillar

The prosecution pillar is tasked with the burden of prosecuting offenses.
The prosecution pillar is composed of the National Prosecution Service of the
Department of Justice, the Public Attorney's Office, and the Office of the
Ombudsman.

A. The National Prosecution Service - Department of Justice

The National Prosecution Service (NPS) is mandated to assist the Secretary of
Justice in the performance of powers and functions of the Department relative to
its role as the prosecution arm of the government, particularly the investigation
and prosecution of criminal offenses. The said mandate and present NPS
organization are contained in the P.D. No.1275, as amended and the E.O. No.
292, Administrative Code of 1987.

B. The Public Attorney's Office

The principal free legal aid office of the Philippine government is the Public
Attorney's Office (PAO). R.A. No. 9406 was signed into law and provided for the
upgrading of salaries and allowances for public attorneys equivalent to their
counterpart in the National Prosecution Service.

Aside from handling criminal and civil cases, PAO lawyers are likewise mandated
to handle: (1) preliminary investigation of cases before the Office of the Public
Prosecutor; (2) labor cases before the National Labor Relations Commission; and
(3) administrative cases before administrative bodies like DARAB, PRC,
COMELEC, Bureau of Customs, DepEd, PLEB, and Insurance Commission.

C. Office of the Ombudsman

The Office of the Ombudsman is vested with the power to investigate complaints
against a public officer or officer on its own initiative, even without a formal
complaint lodged before it. It can inquire into acts of government agencies and
public servants based on reports in the media and those, which come to the
Ombudsman's attention through sources other than a complaint.

Ill. Courts Pillar

The courts pillar is the entity to which administration of justice is lodged.
It is where judicial power is vested. Judicial power shall be vested not only in the
Supreme Court but in such lower courts as may be established by law.
The Supreme Court is the only constitutional court or the court established by
virtue of the 1987 Constitution. All the lower courts are created via statutes.

Under Sec. 1, Art. VIII of the 1987 Constitution, the courts pillar is mandated to
settle actual controversies involving rights, which are legally demandable and
enforceable.

The Philippine Judiciary consists of four levels:

(1) The Supreme Court (SC);

(2) The Intermediate courts consisting of the Court of Appeals (CA),

Sandiganbayan (SB), Court of Tax Appeals (CTA), and the Sharia Appellate
Courts;

(3) The second-level courts composed of regional trial courts (RTCs) and Shari a
district Courts; and
(4) The first-level courts composed of the metropolitan trial courts (MeTCs),
municipal trial courts in cities (MTCCs), municipal trial courts (MTCs), municipal
circuit trial courts (MCTCs), and Shari'a circuit courts.

A. The Supreme Court of the Philippines

The Supreme Court (SC) shall be composed of a chief justice and 14
Associate Justices.

An SC Justice:

(1) should be a natural-born citizen of the Philippines;

(2) should be at least 40 years of age;

(3)must have been a judge of a lower court or engaged in the practice of law in
the Philippines for 15 years or more; and

(4)should be a person of proven competence, integrity, probity, and

independence.

An SC justice is appointed by the president from a list of at least three nominees

prepared by the Judicial and Bar Council. Appointments need

no confirmation. Also, an SC justice holds office during good behavior until he or

she reaches the age of 70 years or becomes incapacitated to discharge the
duties of his or her office.

B. The Court of Appeals

The Court of Appeals (CA) consists of a presiding justice and 68 associate
justices.

A CA justice:

(1) should be a natural-born citizen of the Philippines;

(2) should be at least 40 years of age;

(3) must have been a judge of a court of record for at least 10 years or have
been in active actual practice of law before the civil courts for the same period;
and

(4) should be a person of proven competence, integrity, probity, and

independence.
A CA justice is appointed by the president from a list of at least three nominees
prepared by the Judicial and Bar Council. Also, these appointments need no
confirmation. A CA justice shall hold office during good behavior until he or she
reaches the age of 70 years or becomes incapacitated to discharge the duties of
his or her office.

The CA exercises its powers, functions, and duties through 23 divisions, each
composed of three members. The court sits en banc for the purpose of
exercising administrative, ceremonial, or other non-adjudicatory functions.

C. The Regional Trial Courts (RTCs)

An RTC Judge should:

(1) be a natural-born citizen of the Philippines;

(2) be at least 35 years of age;

(3) be engaged in the practice of law in the Philippines or have held a public
office in the Philippines requiring admission to the practice of Law as an
indispensable requisite for at least 10 years; and
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(4) be a person of proven competence, integrity, probity, and independence.

An RTC judge is also appointed by the president from a list of at least three
nominees prepared by the Judicial and Bar Council.

D. The Metropolitan/Municipal/Municipal Circuit Trial Court/Municipal

Trial Courts in Cities

A metropolitan trial court (MeTC) shall be created in each metropolitan area

established by law. A municipal trial court (MTC) or municipal trial court in cities
(MTCC) shall be created in each of other cities or municipalities. A municipal
circuit trial court (MCTC) in each circuit comprising such cities and / or
municipalities are grouped together pursuant to law.

An MeTC/MTC/MCTC/MTCCjudge should:

(1) be a natural-born citizen of the Philippines;

(2) be at least 30 years of age;

(3) be engaged in the practice of law in the Philippines or have held a public
office in the Philippines requiring admission to the practice of law as an
indispensable requisite for at least five years; and

(4) be a person of proven competence, integrity, probity, and independence.

An MeTC/MTC/MCTC/MTCC judge shall hold office during good behavior until he

or she reaches the age of 70 years or becomes incapacitated to discharge the
duties of his or her office.

E. The Shari'a District Courts

The Sharia district courts are courts of limited jurisdiction, which shall exercise
powers and functions in accordance with the P.D. No. 1083.

In addition to the qualifications for judges of the regional trial court, the Shari a
judge should be learned in Islamic law and jurisprudence, and should:

(1) be a natural-born citizen of the Philippines;

(2) be at least 25 years of age; and

(3) have passed Shari'a and Islamic jurisprudence exam.

A Shari a judge is appointed by the president of the Philippines and shall be

appointed to serve during good behavior until he or she reaches the age of 65
years or becomes incapacitated to discharge the duties of his or her office,
unless sooner removed for the same causes and in the same manner as ordinary
RTC/MTC judges.

Courts Pillar and Human Rights

The pillars of the courts are the ones who execute the laws in the form of giving
justice to the victims and the accused. The victims are being protected by the
court through thorough investigations of the crime committed of the accused. On
the other hand, the court provides the accused a chance to prove his or her
innocence through judicial hearings, and he or she is treated as innocent until
proven guilty.
People are being detained against their will, and spend their life behind bars,
thus, compromising their human rights to liberty and dignity. It has always been
a problem that the country faces with major crimes that include big names. The
issue in this pillar is that due to corruption, the innocents are proven guilty and
the guilty become the innocent.

IV. Corrections Pillar

The correction pillar is composed of two major and equally significant
components: the institution-based and the community-based corrections.

The institution-based corrections comprise of prisons and jails that are concerned
with prisoners serving term of imprisonment, those under detention status, and
those for safekeeping in selected cases. The jails and prisons are administered
by the Bureau of Corrections of the DOJ, the Bureau of Jail Management and
Penology of the DILG, and the local government units with regard to provincial
and sub-provincial jails. The Philippine National Police likewise maintains
detention facilities in its different police stations nationwide.

Community-based corrections pertain to probation and parole. These are being

managed by the Parole and Probation Administration (PPA) of the DOJ.

PPA conducts a post-sentence investigation of petitioners for probation as

referred by the courts, as well as pre-parole/pre-executive clemency
investigation for those referred by the Board of Pardons and Parole to determine
the suitability of the offender to be reintegrated in the community instead of
serving their sentence inside an institution or prison

PPA further supervises probationers, parolees, and conditional pardonees to

promote their rehabilitation and reintegration to the mainstream of society.
It mobilizes the community resources, especially through volunteer probation
aides.

A. Bureau of Corrections (BuCOr) - DOJ

The BuCor is the primary institution in the corrections pillar that provides full
custody and rehabilitation programs for the transformation of insular prisoners,
those sentenced to more than three years to capital punishment. The mandate
of the BuCor is to rehabilitate national prisoners.

Among the functions of the BuCor are the following:

(1) safe-keep prisoners convicted by the courts to serve sentence in prisons;

(2) keep prisoners from committing crimes while in BuCor's custody;

(3) provide inmates' basic needs as human beings;

(4) ensure that rehabilitation programs are made available to the inmates for
their
physical, intellectual, and spiritual development; and
(5)develop livelihood programs to assist inmates earn a living and develop their
skills while in prison.

B. Bureau of Jail Management and Penology (BJMP) - DILG

The Bureau of Jail Management and Penology was created in 1991 to address
the growing concern of jail management and penology problem. Primarily, its
clients are detainees accused before a court who are temporarily confined in
such jails while undergoing investigation, awaiting final judgment, and serving
sentence promulgated by the court of imprisonment for three years and below.

Under R.A. No. 6975, the BJMP is mandated to take operational and
administrative control over all city, district, and municipal jails.

The BJMP has four major areas of rehabilitation programs, namely Livelihood
Projects; Educational and Vocational Training; Recreation and Sports; and
Religious/Spiritual Activities. These are continuously implemented to eliminate
the offenders' pattern of criminal behavior and to reform them to become law-
abiding and productive citizens.

C. Parole and Probation Administration (PPA) - DOJ

The Parole and Probation Administration, previously called the Probation
Administration, was created by virtue of P.D. No. 968 to administer the probation
system.

Under E.O. No. 292, the PPA was given the additional function of supervising
prisoners who, after serving a part of their sentence, are released on parole or
are granted pardon with parole conditions.

D. Boards of Pardon and Parole

Originally called the Board of Indeterminate Sentence, the Board of Pardons and
Parole (BPP) was created under Act 4103, as amended, on December 5, 1933 to
implement the provisions of the Act, which provides for the indeterminate
sentence and parole for all persons convicted by the courts of certain crimes.

The BPP is specifically mandated to grant parole to qualified prisoners;

recommend to the president of the Philippines the grant of commutation of
sentence, conditional pardon, and absolute pardon to ex-convicts; and assist in
the rehabilitation of parolees and pardonees.

Corrections Pillar and Human Rights

Overcrowded and not enough budget for the improvement of the corrections in
the Philippines cause an effect on the human rights of the convicts of the
corrections. The inmates already lost their right to liberty, but because of the
overcrowding of the facilities, they also lose their rights to privacy. In some
correctional facilities, the inmates' experiences abuse from some correctional
officers, and even though they already lost their liberty by being detained, the
dignity that they have are also being compromised by being abused by the
authorities. These are some of the issues against human rights that are being
faced by some of the inmates in the different correction facilities.

V. Community Pillar
The community is considered the most important pillar of the PCIS. It is the
central institution of crime prevention, the stage in which all other pillars of
criminal justice system perform. The participation of the community, as one of
the five pillars of the PCJS, is crucial.

The community pillar collectively imposes limitations on individual behavior of

citizens that deter criminality and criminal behavior for the common good of
civilized and democratic society. Institutions such as the barangays, government
agencies, legislative bodies, the academe, and religious and civic organizations,
among others, are involved in this pillar.

The institutional agencies under the community pillar, to be discussed herein

include the Department of Social Welfare and Development, the Department of
the Interior and Local Government, the Commission on Human Rights, and the
National Commission on Indigenous Peoples.

A. Department of Social Welfare and Development (DSWD)

The DSWD aims to provide social protection and the promotion of the rights and
welfare of the poor, vulnerable, and disadvantaged individuals, families, and
communities, which will contribute to poverty alleviation and empowerment
through social welfare and development policies, programs, projects, and
services implemented with or through local government units, nongovernmental
organizations, people's organizations, government organizations, and other
members of civil society.

One of the goals of the DSWD is to provide preventive, protective, and

rehabilitative and developmental programs and services Department of Social
Welfare and Development, n.d.).

The services rendered by the DSWD may be grouped into four: center-based
services; community-based services; residential care services; and social welfare
and development technologies.

B. Department of the Interior and Local Government (DILG)

The DILG is mandated under the law to promote peace and order, ensure public
safety, and further strengthen local government capability aimed toward the
effective delivery of basic services to the citizenry.

The DILG-Local Government Sector (DILG-LGS), as part of the community pillar,

plays an essential part in the development of the criminal justice system. One of
its goals is to improve the performance of local governments in governance,
administration, and social and economic development which contributes to
providing access to justice by the poor, especially women and children.

C. Commission on Human Rights (CHR)

Under Section 18, Article XIII of the Constitution, the Commission on Human
Rights (CHR) is mandated to have the following powers and functions, among
others:

(1) Investigate, on its own or on complaint by private party, all forms of human
rights violations involving civil and political rights;

(2) Provide appropriate legal measures for the protection of human rights of all
human beings within the Philippines and to provide for preventive measures and
legal aid services to the underprivileged whose human rights have been violated
or who need protection;

(3) Exercise visitorial powers over jails, persons, or detention facilities;

(4) Recommend to Congress effective measures to promote human rights and to

provide for compensation to victims;

(5) Monitor the Philippine government's compliance with its treaty obligations on
human rights; and

(6) Request assistance of any department, bureau, office, or agency in the

performance of its functions.

To achieve its mandate, the CHR has four programs: 1) human rights protection
program; 2) human rights promotion program; 3) human rights linkages
development and strategic planning; and 4) special projects on human rights. On
human rights protection, the CHR renders investigation and forensic services;
legal services, which include legal aid and counseling, conciliation, and
mediation; human rights assistance; and visitorial services.

D. National Commission on Indigenous Peoples (NCIP)

NCIP is the primary government agency that formulates and implements policies,
plans, and programs for the recognition, promotion, and protection of the rights
and well-being of Indigenous Peoples (IPs), and the recognition of their ancestral
domains and their rights to those domains.

The mandate of the organization is to protect and promote the interest and well-
being of the Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs)
with due regard to their beliefs, customs, traditions, and institutions.

The NCIP was created in 1997 under R.A. No. 8371. It works to achieve
technically sound and authentic titles, sustainable and culture-sensitive plans,
responsive and culture-sensitive programs and projects, feasible and mission-
driven regulations, and expeditious and fair legal services. Whenever possible, it
promotes IP consultative mechanisms and bodies at the provincial, regional, and
national levels.

Community Pillar and Human Rights

Community is the most important pillar in the Philippine criminal justice system.
It consists of the groups that are essential in implementing rules and laws of the
government and in protecting the human rights of every individual. But because
of the corruption that is widespread in the country not only in the government
system but also in the religious and private organizations, the process of
achieving equal human rights to all individual is not really clear. Budgets are
being cut, the minds of the people are being manipulated, and the services that
the community really needs are being held by the corrupt. With this, the right of
individuals to have access to their basic needs as part of them being humans and
having human rights are being compromised.