Criminal Justice System
Criminal Justice System
JUSTICE SYSTEM
THE PHILIPPINES
CONCEPT:
It is a legal process adapted by a civilized
society in the prevention and solution of
crimes which is carried on through
INVESTIGATION and the persons suspected
thereof is taken into legal custody,
PROSECUTED in a court of law, and
PUNISHED or PENALIZED if found guilty,
(OR ACQUITTED if found innocent), with a
provision being made for the person’s
CORRECTION and REHABILITATION
PHILIPPINE CJS - PERPECTIVES:
It asserts the idea of DETERRENCE, the notion
that the threat of sanctions can prevent crimes
by creating a fear of punishment for those who
might break the law;
LINE AGENCIES
RESPONSIBLE
LAW ENFORCEMENT
PHILIPPINE NATIONAL POLICE
NATIONAL BUREAU OF INVESTIGATION
PHILIPPINE DRUG ENFORCEMENT
AGENCY
BARANGAY LAW ENFORCERS
PROSECUTION
NATIONAL PROSECUTION SERVICE
(DOJ)
- 0FFICE OF THE PROSECUTOR
GENERAL
- REGIONAL PROSECUTOR’S
OFFICE
- PROVINCIAL PROSECUTOR’S
OFFICE
- CITY PROSECUTOR’S OFFICE
JUDICIARY
SUPREME COURT
COURT OF APPEALS
REGIONAL TRIAL COURT
METROPOLITAN TRIAL COURT
MUNICIPAL TRIAL COURT IN CITIES
MUNICIPAL TRIAL COURT
MUNICIPAL CIRCUIT TRIAL COURTS
JUDICIAL (COURT) PROCESS
JUDICIARY
SC/CA/RTC/MTC
PROSECUTION
PUBLIC PROSECUTORS
PRIVATE (COUNSELS) PROSECUTORS
DEFENSE COUNSELS
PUBLIC ATTORNEY’S OFFICE
COUNSELS DE PARTE
CORRECTION/REHABILITATION
BUREAU OF CORRECTIONS
BARANGAY (GOVERNMENT)
FAMILY (NON-GOVERNMENT)
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM
LAW ENFORCEMENT
LAW ENFORCEMENT
POLICE INVESTIGATION
Surveillance
Initial contact - the initial contact with
the criminal justice system takes place
as a result of a police actions.
Investigation – evidence gathering
Arrest – Warrantless or With Warrant
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM
PROSECUTION
PROSECUTION
EVALUATION OF COMPLAINT
PRELIMINARY INVESTIGATION
INQUEST PROCEEDING
FILING OF THE “INFORMATION”
IN COURT
PROSECUTE CASES IN COURT
PROSECUTORS
NATIONAL PROSECUTION SERVICE
PROSECUTOR GENERAL
REGIONAL PROSECUTORS
PROVINCIAL PROSECUTORS
CITY PROSECUTORS
PRIVATE PROSECUTORS
Attorneys in Private Practice
DEFENSE
Counsels de Parte
Attorneys in Private Practice
JUDICIARY
HIERARCHY OF COURTS
SUPREME COURT
COURT OF APPEALS
SPECIAL COURTS (SANDIGANBAYAN;
COURT OF TAX APPEALS)
REGIONAL TRIAL COURTS
METROPOLITAN/MUNICIPAL TRIAL
COURTS; MUNICIPAL TRIAL COURTS IN
CITIES; MUNICPAL CIRCUIT TRIAL
COURTS
JUDICIARY
JUDICIAL POWER IS THE CONSTITUTIONALLY
VESTED POWER TO -
(1) SETTLE ACTUAL CONTROVERSIES
INVOLVING RIGHTS WHICH ARE LEGALLY
DEMANDABLE AND ENFORCEABLE;
(2) DETERMINE WHETHER OR NOT THERE HAS
BEEN A GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF
JURISDICTION OF A PART OF ANY BRANCH OR
INSTRUMENTALITY OF THE GOVERNMENT
JUDICIARY
JURISDICTION is the power to try and decide
or hear and determine a cause.
JUDICIAL PROCESS
ARRAIGNMENT
Plea
PRE-TRIAL CONFERENCE (PRELIMINARY
CONF)
Mandatory Process to Determine
Evidence to be Presented
JUDICIARY
JUDICIAL PROCESS
TRIAL/ COURT HEARINGS
EVIDENCE PRESENTATION
PLAINTIFF/PROSECUTION
PUBLIC PROSECUTOR
PRIVATE PROSECUTOR – always under the
direct control and supervision of the Public
Prosecutor
ACCUSED/DEFENSE
PUBLIC ATTORNEY
COUNSEL DE PARTE
JUDICIARY
JUDICIAL PROCESS
RESOLUTION
Resolves controversies on motions
DECISION/JUDGMENT
Promulgation of Judgment
Guilty – Execution of Sentence
Acquittaly – Release of Accused
EXECUTION OF SENTENCE
After Promuglation of Judgment
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM
CORRECTION and
REHABILITATION
PHILIPPINE CORRECTIONAL SYSTEM
JUVENILE JUSTICE WELFARE COUNCIL (DSWD)
BUREAU OF CHILD AND YOUTH WELFARE
(DSWD)
BUREAU OF MANAGEMENT AND PENOLOGY
(DILG)
BUREAU OF CORRECTIONS (DOJ)
PAROLE AND PROBATION ADMINISTRATION
(DOJ)
BOARD OF PARDONS AND PAROLE (DOJ)
BUREAU OF CORRECTIONS
NEW BILIBID PRISON
CORRECTIONAL INSTITUTE FOR
WOMEN
DAVAO PRISON AND PENAL FARM
SABLAYAN PRISON AND PENAL FARM
IWAHIG PRISON AND PENAL FARM
SAN RAMON PRISON AND PENAL FARM
LEYTE REGIONAL PRISON
CORRECTION/REHABILITATION
CORRECTION AND REHABILITATION PROCESS
PAROLE
RELEASE OF A CONVICTED OFFENDER AFTER
HAVING SERVED SENTENCE FOR A PERIOD OF
TIME
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM
COMMUNITY
REHABILITATION
COMMUNITY
Prevention
Community Assistance and Reintegration