Summary Ccje
Summary Ccje
JUSTICE SYSTEM
Chapter I: Introduction to Criminal Justice System
A. Lesson 1. Criminal Justice System, What is criminal justice system? The criminal justice
system in the US involves various stages of offenders’ journey from initial contact to final
disposition, with agencies like the police, prosecution, courts, correction, and community
involved in enforcing criminal laws. In the Philippines, these agencies aim to apprehend,
prosecute, defend sentencing, and punish offenders. The system aims to uphold social
control, deter crime, and sanction law violators with criminal penalties and rehabilitation
efforts. Etymology of criminal – Criminal, originating from Middle English, Old French,
Late Latin, and Latin, refers to a person legally convicted of a crime, even without
conviction, and is considered criminal even when committing anti-social acts. Etymology
of justice – Justice, derived from the Greek word dike, refers to maintaining societal
status quo and is one of the four civic virtues, alongside wisdom, temperance, and
courage, and is associated with law violations.
Lady justice •This national symbol represents the fairness. •She is carrying
scales that represent “balance” in all things •She is blindfolded in order to
be fair to EVERYONE •She has a sword to defend everyone’s rights What is
system? A system is a collective entity composed of interrelated elements,
facts, and concepts, organized and coordinated in a systematic manner.
What is crime? Crime under Philippisse Las refers to acts committed or
omitted in violation of public law, involving various forms of offense. A.
Felonies. It refers to those violations of the Revised Penal Code b. Offenses,
It refers to those violations of statutes c. Misdemeanors. It refers to those
violations of ordinances Element of crime In the commission of a crime,
criminologists and law enforcers are required by law to prove the presence
of three elements of a crime a. Motive – It refers to the reason or intent of
an individual to commit a crime b. Opportunity - It refers to the chance for
an individual to commit a crime at a given space and time c. Means -
(Instrumentality or Capability) It refers to the ability of an individual to
commit a crime.
B. lesson 2. Foundations of Criminal Justice. The Classical Philosophers Cesare
Beccaria, an Italian philosopher and politician, is known for his Essay On Crimes
and Punishments, a founding work in criminology. It condemns torture and
death penalty, proposes legal reforms, and advocates for consistent
punishments, well-publicized laws, abolition of torture, and deterrence of
offenders. Five Principles of Classical School that are still Operative Today 1.
Rationality. Human beings have free will, and the actions they undertake are
the result of choice. 2. Hedonism. Pleasure and pain, or reward and
punishment, are the major determinants of choice. 3. Punishment. Criminal
punishment is a deterrent to unlawful behavior, and deterrence is the best
justification for punishment 4. Human Rights. Society is made possible by
individuals cooperating together. Society owes to its citizens the respect for
their rights in the face of government action and for their autonomy insofar as
such autonomy can be secured without endangering others or menacing the
greater good. 5. Due Process. An accused should be presumed innocent until
proved otherwise, and an accused should not be subject to punishment before
guilt is lawfully established
Classical School: A Summary The classical school emerged during the
Enlightenment to combat excessive and cruel punishments, advocating for
humanitarian methods and a fit for the crime rather than excessive
punishment.. Criminal Justice and Positivist School of Criminology Positivism
emphasized individual differences in right and wrong, aiming to eliminate the
freewill of the classical school and prioritize punishment based on individual
understanding. The Positivist Theorists 1.Cesare Lombroso. Cesare Lombroso
was an Italian criminologist and founder of the Italian School of Positivist
Criminology. Lombroso rejected the established Classical School, which held
that crime was a characteristic trait of human nature. 2.Enrico Ferri. Enrico Ferri
was a student of Lombroso who believed that social, as well as biological
factors, played a role, and held the view that criminals should not be held
responsible for the factors causing their criminality because it was beyond their
control. 3.Raffaele Garofalo. Raffaele Garofalo was an Italian jurist and a student
of Cesare Lombroso.
c) Lesson 3. Laws, Principles, and Doctrines in criminal justice What is Criminal
Law? Criminal Law or penal Law is that branch of law which defines crimes,
treats of their nature, and provides for thell punishment. Characteristics of
Criminal Law 1. Generality. Generality of criminal law provides that criminal law
is binding on all persons who live or sojourn in the Philippine territory. 2.
Territoriality. Territoriality of criminal law states that criminal law undertakes to
punish crimes committed in the Philippine territory with the exceptions
provided under Article 2 of the Revised Penal Code. 3. Prospectivity. The
prospectivity concept in criminal law states that crimes are punished under the
laws in force at the time of their commission. Kinds of Legal System 1. The
Adversarial System is a legal system in common law countries where two
advocates represent their case before an impartial jury or judge, putting
prosecution against defense in criminal trial courts. 2The Inquisitorial System
involves the court actively investigating case facts, unlike an adversarial system
where the court acts as an impartial referee between prosecution and defense.
What is Due Process? Fairness in laws and legal proceedings is a principle
requiring the government to respect all a person’s legal rights, even when they
Five Pillars of Philippine Criminal Justice System 1. The Law Enforcement. Law
enforcement consists of agencies and law enforcers, who are at the forefront
of the criminal justice system and must be well-trained and oriented by civil
society. 2. The Prosecution. The prosecution investigates and/or causes to be
investigated all charges of crimes, misdemeanors, and violations of penal laws
and ordinances within their jurisdictions The judiciary, represented by judges
and justices, is responsible for determining guilt or innocence of individuals
charged with crimes, addressing controversies and competing claims.. 4.The
Correctional Institutions. The executive department of the government
oversees agencies responsible for convict punishment, rehabilitation, and
reform, including the Bureau of Jail Management and Penology, Department of
Social Welfare and Development, and Bureau of Correction. 5. The Community.
The members of the community play a very important role in the criminal
justice system. It is from their ranks that the offenders come and it is with them
that they will end up.
Chapter II: The Law Enforcement
What is law enforcement? Law enforcement is a system where organized members of society act to enforce the law by
discovering, deterring, rehabilitating, or punishing offenders, often carried out by the police or other law enforcement
organizations. Who a law enforcenment officer? A law enforcement officer is responsible for enforcing laws by detecting,
deterring, rehabilitating, or punishing individuals who violate societal rules and norms through patrolling and surveillance.
Style of policing – the styles of policing presented are based on the study of james O. Wilson (varieties of police behavior in
1963) to writ: 1)Watchman Style – Watchman style policing is prevalent in densely populated communities, focusing on
maintaining order and discretion. Officers ignore minor offenses and minor violations, resolving minor issues without
involving other agencies. 2)Legalistic Style – Legalistic police departments adhere to the law, conducting citizen interactions
professionally and neutrally. They have high performance rates, often resulting in high arrest and ticketing rates. Decision-
making is top-down, focusing on accountability, impartiality, procedure, and professionalism. 3)Service Style – Service-
oriented policing, prevalent in middle and upper-class societies, prioritizes community opinion and public relations, focusing
on crimes that violate privacy, such as burglary and robbery, and making arrests only when necessary.
Policing Approaches
1)Reactive policing – Fire Brigade Policing, also known as Incident Driven
Policing, involves routine patrolling to respond to civilian calls, but has been
criticized for its reactive nature and lack of crime prevention. 2)Proactive
policing – Proactive policing involves deterring criminal activity by
demonstrating police presence and engaging the public, preventing crime, and
is closely related to community policing. 3)Problem-Oriented policing –
Evidence-based policing assesses policing activities to reduce crime, address
community needs, and enhance efficiency by scrutinizing current practices,
improving resource accountability, and facilitating change. 4)Evidenced-Based
policing – Evidence-based policing assesses policing activities to reduce crime,
address community needs, and enhance efficiency by scrutinizing current
practices, improving resource accountability, and facilitating change.
5)Communitng policing – A law enforcement philosophy that encourages
officers to maintain consistent operations in a specific area to foster stronger
connections with its residents and workers. 6)Zero-Tolerance policing – policy is
b) Lesson 2. The Police as the Prime Mover of the CJS Legal foundations of the
Philippine National Police 1)Article XVI, Section 6 of the 1987 Philipipine
Constituion – The State establishes and maintains a national, civilian police
force, administered by NAPOLCOM, with local executives’ authority over police
units as provided by law. 2)Republic Act No. 6975 – The DILG Act of 1990,
enacted on December 13, 1990, established the PNP under a reorganized
Department of the Interior and Local Government. 3)Republic ACT No. 8551 –
An act providing for the reform and reorganization of the PNP and for other
purposes, amending certain provisions of R.A. No. 6975 enacted on February
25, 1998 as amended by R.A. No. 9708 4)Republic Act No. 9708 – The Act
extends the mandatory period for meeting minimum educational qualifications
for PNP appointment, amends promotion system, and amends RA No. 6975 and
RA No. Cotegories of Police Operations
1)Public Safety Operations – These include Search, Rescue and Retrieval
Operations, Fire Drills, Earthquake Drills, and similar operations that promote
public safety.
5) Intelligence Operation – Police intelligence operations, including
surveillance, counterintelligence, research, and assessment, are conducted to
gather information related to security, public safety, and order.
6)Investigation Operations – Investigation of crime or incident, administrative
investigation, and similar work are essential for determining facts and
circumstances for filing criminal or administrative cases.
7)Scene of the Crime Operations (SOCO) – This involves handling crime
scenes, conducting technical and forensic examinations of evidence, and
providing forensic investigative assistance
c)Lesson 3. Arrest, Search and Seizure A)Arrest General Guidelines 1)Arrests
must be made with a valid warrant from a competent authority, unless the law
permits warrantless arrest. 2)The arrest process will not involve excessive force
or violence, and the arrestee will only be restrained to the extent necessary
under the circumstances. 3)As a general rule, arrests can be made on any day of
the week and at any time of the day or night 4)Only judges are authorized to
issue Warrants of Arrest 5)If the accused is already in detention, a Warrant of
Arrest is no longer necessary, and instead, a Judge issues an Order of
Commitment. Person Immune From Arrest 1)A Senator or House member during
Congress session can face up to six years in prison for an offense. 2)Diplomatic
Agents. Under the Vienna Convention Diplomatic on Relations
Two Forms of Arrest 1)Arrest with Warrant What is an arrest? Arrest is the
arrest of a person to be held accountable for an offense committed. How is
Arrest Made? An atrest is made by an actual rest pet of a person to be arrested,
of by his submission to the custody of the person making the arrest What is a
Warrant of Arrest? A warrant of arrest is a written authorization from the
arresting officer to take a person into custody and impose a criminal charge.
Basis of Arrest Warrant The 1987 Philippine Constitution guarantees inviolable
people’s right to security against unreasonable searches and seizures, with
warrants issued only after probable cause is determined. How is Warrant of
Arrest Executed? The head of the office must implement a warrant within ten
days, and if not, the assigned police officer must report to the judge and explain
the reasons. What is Probable Cause in the Warrant of Arrest? A warrant of
arrest is issued after a thorough examination of the complainant and witnesses,
based on the facts and circumstances known. What is Citizen’s Arrest? A
citizen’s arrest is a warrantless arrest made by a private individual or citizen,
allowing them to enter a public place.
What is Alias Warrant of Arrest? A criminal case can be achieved if the accused
remains at large for six months after an arrest warrant, and an alias warrant
issued if the original warrant is returned. What is John Doe Warrant? A John
Doe warrant is a void warrant for the arrest of an unknown person, violating
constitutional provisions that require specific descriptions of the person to be
arrested. When is John Doe Warrant Valid? A valid arrest warrant must provide
a clear description of the person to be served, including their occupation,
appearance, residence, and other identifiable circumstances. 2)Arrest without a
Warrant Arrest without warrant is also known as warrantless arrest The
instances of Warrantless Arrest are the following: a)When, in his presence, the
person to be arrested has committed, is actually committing, or is attempting to
commit an offense (caught in the act or inflagrante delicto) b)The Doctrine of
Hot Pursuit states that an arrest should be made immediately after an offense
has been committed, unless a warrant is already secured. Supreme Court
decisions have held that warrantless arrests can be valid up to three hours after
the crime has been committed, while warrantless arrests after two days after
the crime’s discovery are unlawful. C)Arrest occurs when a prisoner escapes
B)Search and Seizure The Privacy of the home A man’s house, considered a
sacred personal right by civilized nations, is where he and his family reside in
peace and companionship, unmolested by anyone. What is the purpose of the
constituitonal guarantee against unreasonable seaches and seizuser? The
constitutional guarantee against unreasonable searches and seizures aims to
prevent violations of private security and unlawful invasion of homes by law
enforcement. Privacy is essential for dignity, happiness, and peace, and its
inviolability must be absolute. Any interference must be for the best reasons
and for the best causes. Basis of Search Warrant The 1987 Philippine
Constitution guarantees the right of people to be protected against
unreasonable searches and seizures in their persons, houses, papers, and
effects. No search warrant or arrest warrant is issued unless probable cause is
determined personally by a judge, after an examination under oath of
affirmation and specific description of the search location and seized items.
d)Lesson 4. Right of the Person Arrested under investigation Bases of rights of
person arrested A)Universal declaration of human rights. The Universal
Declaration of Human Rights (UDHR) is a universal standard for all peoples and
nations, promoting respect for rights and freedoms through teaching,
education, and progressive national and international measures. It includes 10
out of 30 rights related to this topic. Article 1: Asserts that all humans are
inherently free, equal in dignity and rights, possessing reason and conscience,
and should act in a spirit of brotherhood. Article 3: Asserts that everyone has
the right to life, liberty, and personal security. Article 5: Prohibits the use of
torture, cruel, inhuman, or degrading treatment or punishment to any
individual. Article 7: Asserts that all individuals are equal before the law and
entitled to equal protection against any discrimination that violates this
Declaration or incites such discrimination. Article 8: Guarantees everyone the
right to an effective remedy from competent national tribunals for acts that
violate fundamental rights granted by the constitution or law. Article 9: Prohibits
arbitrary arrest, detention, or exile for any individual. Article 10: Guarantees
equal rights and obligations for everyone, including the right to a fair and public
Article 11: A: states that individuals charged with a penal offense are
presumed innocent until proven guilty in a public trial, provided they have all
necessary defense guarantees. B. states that no person can be held guilty of a
penal offense based on an act or omission that did not violate national or
international law at the time of the offense, and no heavier penalty will be
imposed. Article 12: Guarantees everyone the right to protection from
arbitrary interference with their privacy, family, home, correspondence, honor,
and reputation, and to the protection of the law. Article 17: A. states that
everyone has the right to own property individually or in association with
others. B. No individual shall be deprived of their property in an arbitrary
manner B)1987 Philippine Constitution The 1987 Philippine Constitution’s Bill
of Rights, anchored on the Universal Declaration of Human Rights, grants
specific rights to every Filipino. Section 1: Ensures that no person is deprived of
life, liberty, or property without due process of law, and that they are entitled
to equal protection under the law. Section 2: Ensures people’s inviolable right
to be secured against unreasonable searches and seizures, with search
warrants only issued after probable cause is determined by a judge, oath, and
Section 3: A. ensures that communication and correspondence privacy is
inviolable unless ordered by the court or required by law for public safety or
order. B. Evidence obtained in violation of this or the preceding section is
inadmissible for any purpose in any proceeding. Section 11: The provision
of free access to courts and legal assistance shall not be denied to any
individual due to poverty. Section 12: A.Individuals under investigation for
an offense have the right to remain silent and have independent counsel,
unless they cannot afford it, and can only be waived in writing. B.The text
prohibits the use of torture, force, violence, threat, intimidation, or other
methods that vitiate free will, including secret detention, solitary, and
incommunicado detention. C.Any confession or admission obtained in
violation of this or Section 17 will be inadmissible in evidence against the
individual. D.The law will impose penalties and compensation for violations
of this section, as well as support for the rehabilitation of victims of torture
or similar practices. Section 13: Mandates bailable individuals, except for
reclusion perpetua offenses, to be released on law or by sufficient sureties
C)Lesson 5. The Police in the Filling og Criminal Action 1.Complaint-A
complaint is a written statement submitted to a court or magistrate indicating
a person’s guilt of a specific offense. 2.Information –An information is a written
accusation charging a person with a public offense, signed by the promoter
fiscal or their deputy and filed with the court clerk. Element of a Suffcient
Complaint 1.Name od accused –The complaint must state the name and
surname of the accused or any appellation or nickname by which he has been
or is known. 2.Designation of the offense –The complaint must detail the
statute-designated offense, its acts or omissions, and its qualifying and
aggravating circumstances. 3.Cause of the accusation –The offense and its
qualifying and aggravating circumstances must be stated in plain language,
allowing the court to pronounce judgment and provide a clear understanding
of the charge. 4.Place of commission of the offenne –The complaint or
information is sufficient if it indicates the offense occurred within the court’s
jurisdiction, unless the specific location is essential for the offense’s
identification.
5. Date of commission of the offense-The exact date of an offense’s
commission is not required in a complaint or information, except when it is a
material ingredient. 6.Name of the offended party –The complaint must
provide the name, surname, or nickname of the person or property against
whom the offense was committed, or if a fictitious name is used. A. If the
offended party’s name is unknown, the property must be described with
specificity to accurately identify the offense charged. B. If the true name of the
person against whom an offense was committed is disclosed or ascertained,
the court must insert it in the complaint or record. C. If the offended party is a
juridical person, they can state their name or designation without proving they
are organized legally. Is duplicity of the offense allowed –A complaint or
information must charge but one offense, except when the law prescribes a
single punishment for various offenses.
Chapter III: The Prosecution Pillar
a) Introduction to prosecution Prosecute - Means to officially accuse
someone of committing a crime in a law court, or (of a lawyer) to try to prove
that the person accused of committing a crime is guilty of that crime. Prosecutor
– They need to mind their role as ministers of justice and consider the rights,
needs, and interests of all members of their community, including victims and
individuals who are charged with criminal conduct. National Prosecution service
(NPS) •Responsible in prosecuting criminal complaints. •Was established by the
Presidential Decree (PD) 127 of 1978. •Empowered to investigate and prosecute
all crimes described by the Revised Penal Code. Was strengthened and
rationalized through the enactment of Republic Act No. 10071 also known as the
Prosecution Service Act of 2010 that repealed PD 1275. The act provided
National Prosecution Service constituent offices that included the following.
•Prosecution Staff •Regional Prosecution •Provincial and City Prosecution Office
Head on NPS – Prosecutor General who is formerly called as the Chief State
The Preliminary Investigation and Prosecution Division – It is responsible for
the conduct of investigation and prosecution of cases once they are filed with
the Office of the Prosecutor General or those cases filed under inquest
proceedings. Is Prosecuting Criminal Actions rest solely to the NPS? Under
Section 5 of the Revised Rules of Criminal Procedure (As amended, December
1, 2000). The general rule states that, “all criminal actions commenced by the
filing of a complaint or information shall be prosecuted under the direction and
control of the prosecutor.” It took effect by the Supreme Court on May 01,
2002. Any peace officer or public officer in charge with the enforcement of the
law violated is no longer allowed to prosecute. Doctrine of Malicious
Prosecution Doctrine that pertains to the prosecution through the misuse or
abuse of judicial processes or the institution and pursuit of legal proceedings
for the purpose of harassing, annoying, vexing, or injuring an innocent person.
b)Lesson 2. The Prosecution as the 2nd Pillar of CJS The duties and functions of
the prosecution pillar sets in the moment the prosecution receives a complaint
from law enforcement agency or private party. Hence, a criminal complaint is
instituted What is Information? Information is an accusation in writing charging
a person with an offense, subscribed by the prosecutor and filed in the court.
Information is subscribed by a prosecutor while complaint, as mentioned
earlier in Chapter II, is usually subscribed by a law enforcer. Elements of
Sufficient Information 1.Name of the Accused. The information must state the
name and surname of the accused or any appellation or nickname by which he
has been or is known. 2. Designation of the Offense If there is no designation of
the offense, reference shall be made to the section or subsection of the statute
punishing it 3.Cause of the Accusation. The acts or omissions complained of as
constituting the offense and the qualifying and aggravating circumstances must
be stated in ordinary and concise language and not necessarily in the language
used in the statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying
and aggravating circumstances and for the court to pronounce judgement
5.Date of Commission of the Offense The offense may be alleged to have been
committed on a date as near as possible to the actual date of its commission.
Duty of the Prosecutor to Conduct Preliminary Investigation The preliminary
investigation is conducted: 1. To determine if 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; 2. To protect
the accused from the inconvenience, expense, and burden of defending himself
in a formal trial unless the reasonable probability of his guilt has been first
ascertained in a fairly summary proceeding by a competent officer; 3.To secure
the innocent against hasty, malicious and oppressive prosecution, and to protect
him from an open and public accusation of a crime, from the trouble, expense
and anxiety of a public trial; and 4. To protect the state from having to conduct
useless and expensive trials Persons Authorized to Conduct Preliminary
Investigation 1. Provincial or City Prosecutors and their assistants; 2. Judges of
the Municipal Trial Courts, and Municipal Circuit Trial Courts; 3.National and
Regional State Prosecutors; and 4. Other officers as may be authorized by law
Is a Preliminary Investigation a Judicial Proceeding? Yes. It is a judicial
What is resolution? Resolution under the purview of the prosecution refers to
the document prepared by the prosecutor that contains the result of his/her
findings, that is, whether holding the respondent for trial or dismissing the case
or complaint. Resolution of Investigating Prosecutor and Its Review If the
investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall certify under oath in the
information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that there is reasonable
ground to believe that a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence What is Inquest? An inquest is an informal and
summary investigation conducted by the public prosecutor (Inquest Prosecutor
or IO) in a criminal case involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether said persons should remain under custody and correspondingly charged
in court. What is the purpose of iquest The purpose of the inquest proceedings
Where Arrest not Properly Effected Should the IO find that the arrest was not
made in accordance with the Rules, he shall: a. recommend the release of the
person arrested or detained; b. note down the disposition of the referral
documenet; c. prepare a brief memorandum indicating the reasons for the
action taken: and d. forward the same, together with the record of the case, to
the City or Provincial Prosecutor for appropriate action. Whre the arrest
property effected? If the arrest is successful, the detained person can request a
preliminary investigation, waiveing provisions of Article 125 of the RPC. The
investigation can be conducted by the IO or another Assistant Prosecutor, and
must end within 15 days. When probable cause is present The IO must prepare
a complaint/information if probable cause exists, recommending court filing.
The complaint should detail the offense and bail amount, and be forwarded to
the City or Provincial Prosecutor for action. When Probable cause is Absent If
the IO finds no probable cause, he shell: a. recommend the release of the
person arrested or detained; b.note down the disposition of the referral
document; c. prepare a brief memorandum indicating the reasons for the
action taken; and d.forthwith forward the record of the case to the City or
Chapter IV: The Court Pillar