Professional Documents
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Human Rights Lesson 1 2 3
Human Rights Lesson 1 2 3
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.
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.
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.
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
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.
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
Prosecution
Judiciary
Function. Judicial power is vested in the judiciary. The judiciary pillar adjudicate
cases and renders judgment.
Correction
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)
(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)
Preliminary Investigation
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)
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
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.
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
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)
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)
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.
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.
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;
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.
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;
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;
The PDEA is the agency primarily tasked with the enforcement of R.A. No. 9165.
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.
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.
(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.
An SC Justice:
(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
A CA justice:
(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
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.
(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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An RTC judge is also appointed by the president from a list of at least three
nominees prepared by the Judicial and Bar Council.
An MeTC/MTC/MCTC/MTCCjudge should:
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:
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.
(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.
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.
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.
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 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.
(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;
(5) Monitor the Philippine government's compliance with its treaty obligations on
human rights; and
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.
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.