CRIMINAL JUSTICE SYSTEM HANDOUT

Criminal Justice System

The Criminal Justice System (CJS) is the machinery which society uses in
the prevention and control of crime. The process is the totality of the activities of
law enforcers, prosecutors, defense lawyers, judges and corrections personnel,
as well as those of the mobilized community in crime prevention and control.

The System works in order to prevent and control the commission of

crime, enforcement of the law, safeguard lives, individual rights, and properties,
investigate, apprehend, prosecute and sentence those who violated the rules of
society and rehabilitate the convicts and reintegrate them into the community as
law-abiding citizens.

Criminal Justice

Criminal Justice refers to the study of agencies of social control that

handle criminal offenders.

Criminology

Criminology is the body of knowledge regarding crime as a social

phenomenon. It includes within its scope the process of making laws, of breaking
laws, and of reacting toward the breaking of laws.

Differentiate Criminal Justice from Criminology

(a) While Criminology explains the etiology, extent, and nature of the
crime in society; Criminal Justice studies the agencies of social control
that handles criminal offenders.

(b) While Criminologists are concerned with identifying the Nature,

extent and causes of crime;

Criminal Justice scholars engage in describing, analyzing, and

explaining the operations of the agencies of justice, specifically
the police department, the prosecution, the courts and the rest
of the pillars of the system in seeking a more effective methods
of crime control and offender rehabilitation.

Is there an overlapping area of concern between criminal justice

experts and criminologists?

Yes, Criminal justice experts cannot begin to design effective programs of

crime prevention of rehabilitation without understanding the nature and cause of

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

crime, they require accurate criminal statistics and data to test the
effectiveness of crime control and prevention programs. It is in this
aspect that Criminal Justice and Criminology have overlapping concern.

Components of the Criminal Justice System

Ø Law Enforcement
Ø Prosecution
Ø Courts
Ø Corrections
Ø Mobilized Community

The government is responsible for providing the mechanism for enforcing

laws. This mechanism is the five pillars of the criminal justice system. The
judiciary provides for the settlement of conflicts and legal remedies, law
enforcement agencies enforce laws, rules and regulations. The 1987
Constitution enunciates the role of the state as follows;

“The Prime duty of the government is to serve and protect the people.”

“The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy”

THE ROLE OF CRIMINAL JUSTICE SYSTEM

The Criminal Justice system is the machinery used by the Philippine society
to prevent and control crime (Feliciano & Muyot, The Philippine Criminal Justice
System: 2000). It is comprised by the police and various law enforcement
agencies; the National Prosecution Service and the Public and private lawyers;
the Judiciary: the corrections system; and the community. The system comprises
the social control mechanism of the country and performs four core functions:

1. Prevent the commission of crime and protect life, individual rights

and property of citizens;
2. Enforce the law and remove dangerous persons from the
community;
3. Investigate, apprehend, prosecute and sentence those who cannot
be deterred from violating the rules of society; and
4. Rehabilitate offenders, and return them to the community as law-
abiding citizens.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

CRIME AND CRIMINAL JUSTICE SYSTEM

What is the event that calls for the operation of the Criminal Justice
System? Why?

Crime is the event that calls for the operation of the criminal justice
system.

When a crime is committed, it disturbs the tranquility and harmony of the

society. Such an event calls upon the police to initiate police intervention by way
of investigation or apprehension of those who violate the law: the prosecutor, to
prosecute the case; the court, to determine the guilt of the accused; and the rest
of the system follows as incumbent upon their role in the criminal process.

Define crime in criminological sense?

Crime is a violation of societal rules of behavior as interpreted and

expressed by a criminal legal code created by people holding social and political
power. Individuals who violate these rules are subject to sanctions by state
authority, stigma, and lose of status.

The above definition combines the consensus position that the criminal
law defines crimes with the conflict perspective’s emphasis on political power and
control and the interactionist concept of stigma. Thus, crime as defined here is a
political, social, and economic function of modern life.

Define crime in the legal sense?

A crime has been defined as a voluntary and intentional violation by

legally competent person of a legal duty that commands or prohibits an act for
the protection of the society. A crime is punishable by judicial proceedings in the
name of the state.

It is also defined as the “ act or omission in violation of a public law

commanding or forbidding it.”

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

What is the basis of the Criminal Justice system? Explain.

Criminal Law is the basis that takes place in the Criminal Justice System.

Basic is the rule in Criminal Law that “there is no crime where no law is
punishing it.” And only violations of Criminal Law are being considered and

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

processed in the Criminal Justice System. Where no violation of Criminal Law or

where no commission of the crime, in general, Criminal Justice as a process will
not operate.

Define Criminal Law.

In our setting, Criminal law is defined as that branch of public law, which
defines crimes, treats of their nature, and provides for their punishment.

What are the two basic principles of criminal law in the administration
of the Criminal Justice System in the Philippines?

Our system of justice operates on two key principles of criminal law.

The first is “the presumption of innocence”. This means that those

who are accused of crimes are considered innocent until proven guilty. This is
the fundamental assumption of our legal system that at least in theory is
supposed to exist. Thus, the accused is entitled to all the rights of the citizens
until his/her guilt has been determined by the court or by his/her
acknowledgement of his/her guilt that he or she indeed committed the crime.

The second principle is “the burden of proof (which in criminal cases

means that the government must prove) beyond reasonable doubt” that the
suspect committed the crime. Because in criminal prosecutions, the penalty
imposed maybe an imprisonment and even death in some cases, the state is
given a difficult burden. Nevertheless, it is the bedrock of our social – and
through it, our legal- system.

Explain the concept of the Principle of Presumption of Innocence. Give

the source of this principle.

No less than the Constitution of the Philippines provides that an accused

shall be presumed innocent until proven guilty.

In our Criminal Justice process, the burden of proof lies in the public
prosecutor. It is incumbent upon the prosecutor to prove that the accused is
guilty as charged. And in so doing, he/she must rely on the strength of his/her
evidence and not on the weakness of the accused’s evidence.

It follows, therefore, that the accused is entitled to all the rights of an

individual citizen until the guilt is proven.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

Explain the concept of Proof Beyond Reasonable Doubt. Give the Legal
source.

In our setting, our criminal proceeding carries the penalty of imprisonment

or deprivation of liberty, and to the extreme, the punishment of death. In order
to make sure that only those who are guilty of the crime are punished, our Rules
on Evidence provides that the evidence, in order to be sufficient to convict an
accused for a criminal act, proof beyond reasonable doubt is necessary. Unless
his guilt is shown beyond reasonable doubt, he is entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of

proof as, excluding he possibility of error, produces absolute
certainty. Moral certainty is only required, or that degree of proof
which produces conviction in an unprejudiced mind.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

Who is the criminal in relation to the administration of the Criminal

Justice System?

The criminal is the main character or the principal actor, so to speak, of

the Criminal Justice System. Some authors even refer to him as the superstar, if
you will, because upon him the pillars of the system revolve.

Define a criminal, in criminological sense, legal sense, and as defined in

criminal justice.

A criminal may be defined in three (3) different views:

In Criminological sense, a person may be considered as a criminal from

the time he or she committed the crime regardless whether or not it has been
reported to the Police for investigation.

In legal sense, a person maybe considered a criminal only upon

undergoing the judicial process and upon determination by the Court that he or
she is guilty beyond reasonable doubt.

In Criminal Justice sense, a criminal may be defined as one who has

undergone the process and went through all the pillars of the Criminal justice
System.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

What are the different nomenclatures given to the person who is being
processed under the Criminal Justice System?

They are the following:

1. At the police stage, during investigation or custodial

interrogation regarding his/her involvement or
participation in the commission of the crime, he/she
is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination
of probable cause or during the Preliminary
Investigation, he is referred to as the
RESPONDENT.
3. At the trial of the case, when a case has been filed
in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is
guilty beyond reasonable doubt as charged and the
judgement has been rendered, he is referred to as
the CONVICT or CONVICTED FELON or CONVICTED
OFFENDER.
5. It is only upon undergoing all the process when the
person has fully served the sentence when he can
really be considered as a CRIMINAL.

Give the four elements of justice in order that justice may be dispensed
of absolutely.

To dispense absolute justice requires the presence of four elements:

1. The absolute ability to identify the law violator.

2. The absolute ability to apprehend law violator.
3. The absolute ability to punish law violator.
4. The absolute ability to identify the intent of the law violator.

Enumerate the four types of mistakes that can happen when society
attempts to administer justice.

When societies attempt to administer justice, mistakes are inevitable.

Types of mistakes include the following:

- The innocent is punished.

- The guilty escapes the punishment.
- The guilty are punishment more severely than necessary.
- The guilty are punished less severely than necessary.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

What are the goals of the Criminal Justice System?

The goals of the CJS may be categorized into two (2).

1. The Primary goal.

2. The secondary or sub-goals.

Enumerate the Primary goals of the Criminal Justice System. Explain

each.

A. The following are the primary goals of the Criminal Justice

System:

1. To protect the members of the society. It is the formal

instrumentality authorized by the people of the nation to protect
both their collective and individual well being.

2. The maintenance of peace and order. Political, economic and

institutional stability are goals of an organized society. Because
the existence of crime and disorder disrupt stability in the
society, we have given the CJS authority to act as society’s
representative and to serve as the instrument by which the
existing order is maintained.

Enumerate the sub-goals or secondary goals.

The following are the sub-goals of the Criminal Justice System:

1. The prevention of crime.

2. The suppression of criminal conduct by apprehending offenders
for prevention is ineffective.
3. The review of the legality of our preventive and suppressive
measures.
4. The judicial determination of guilt or innocence of those
apprehended.
5. The proper disposition of those who have been legally found
guilty.
6. The correction by socially approved means of he behavior of
those who violate the law.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

PHILOSOPHY behind the Criminal Justice System

What are the philosophies behind the Criminal Justice system?

The following are the Philosophy behind the Criminal Justice System.

1. The Adversarial Approach; and

2. The Inquisitorial Approach.

Explain the adversarial approach.

The adversarial approach assumes innocence. The prosecutor

representing the state must prove the guilt. The adversary approach requires
that the proper procedures are followed, procedures designed to protect the
rights of the accused.

The adversary system embodies the basic concept of equal protection and
due process. These concepts are necessary in order to create a system in which
the accused has a fair chance against the tremendous powers of the prosecutors
and the resources of the State.

Theoretically, the protection will prevent the prosecutor from obtaining a

guilty verdict for an innocent defendant. In reality, however, justice does not
always prevail.

Explain the inquisitorial approach.

The inquisitorial system assumes guilt; the accused must prove that
they are innocent. The inquisitorial approach places a greater emphasis on
conviction rather than on the process by which the conviction is secured.

Distinguish the above philosophies of the Criminal Justice System.

(a) As to the presumption:

The Adversarial Approach assumes the accused to be innocent; while

the Inquisitorial Approach assumes the accused to be guilty.

(b) As to the burden of proof:

The Adversarial Approach places the burden on the public prosecutor

to prove the guilt of the accused; while the Inquisitorial Approach
places the burden of proving his innocence on the accused.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

(c) As to the emphasis:

The Adversarial Approach places emphasis on the process; while the

Inquisitorial Approach places emphasis on the conviction of the
accused.

What is the philosophy adopted by our Criminal Justice System?

The philosophy adopted in our Criminal Justice System is the Adversarial

Approach.

This is obvious due to the greater emphasis on the observance of due

process and of the litany of rights in the Bill of Rights of our Constitution.

What are the two principles of law that must be adhered to in our
Criminal Justice System?

The two (2) principles of law that must be adhered to in our criminal
Justice System are the following:

1. The principle of due process of law; and

2. The principle of equal protection clause.

Explain the concept of Due Process of Law.

Essentially, the concept of due process means that those who are accused
of the crimes and those who are processed through the Criminal Justice System
must be given the basic rights guaranteed by the Constitution.

As explained by the Supreme Court, the due process clause is elastic and
flexible to be able to meet varied contingencies.

In essence, due process simply means compliance with the requisite

NOTICE and HEARING. The essence of due process is found in the reasonable
opportunity to be heard and submit any evidence one may have in support of
one’s defense. What the law prohibits is not the absence of previous notice but
the absolute absence thereof and the lack of opportunity to be heard.

Explain the concept of Equal Protection Clause.

The equal protection clause in essence declares that the state may not
attempt to create or enforce statutes against a person solely because of
specific characteristics such as race, age, or sex. According to the Supreme
Court, it must be based on some reasonable classification.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

What is the concept of Criminal due process?

Criminal due process requires that the accused be tried by an impartial

and competent court in accordance with the procedure prescribed by law and
with proper observance of all the rights accorded him under the Constitution and
applicable statutes (ex. denial of preliminary investigation when proper).

The basic ingredient of criminal due process is a trial conducted in

accordance with the rudiments of fair play.

Who can utilize this right to criminal due process?

Any person under investigation of the crime may at all times invoke his
right to due process.

The Bill of Rights (including the right to due process) is a litany of

weapons, which a person may use in order to resist or defeat any abuse or
misuse of governmental power.

The Bill of Rights is foundationally directed against the government.

MODEL OF CRIMINAL JUSTICE SYTEM

What are the two most popular model of Criminal Justice System?

The following are the most popular model of Criminal Justice System:

1. The Concept of Crime Control Model; and

2. The Concept of Due Process Model.

Q. What are the difference between the two and explain.

The following are the differences:

(a) As to quality control;

Packer views both the systems as striving for the quality

control in very different ways.

He suggests that the due process model emphasizes “

reliability” (i.e. society must be willing to live with the fact that
some guilty offenders will be found innocent in order to insure that
the innocent persons are not unjustly convicted),

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

Whereas the crime control model emphasizes

“efficiency” and productivity (i.e. society must be willing to
accept the fact that some innocent people might well be incorrectly
found guilty, but that the overall improvement in the administration
of justice and, supposedly, the protection to society, would more
than compensate for such mistakes).

(b) As to the primary concern of protection:

The primary concerns of the due process model are the

protection of individuals, individual freedom, and general
maintenance of liberty;

Whereas the concern of crime control model is the collective

rights of the society that must take precedence over the rights of
the individual; where there is conflict over this issue, collective
public safety must be the first consideration.

(c) As to the assumption of guilt or innocence:

In Due Process Model, People are considered basically good.

Individuals are presumed innocent until proven guilty.

Whereas in Crime Control Model individuals are presumed

guilty until proven innocent, and the concern is with forcing
conformity through an external deterrence system

(d) As to the promotion of treatment/ punishment:

In Due Process Model the emphasis is on the treatment and

not the punishment of the offender. The concern is rehabilitating
and integrating offenders back into society, and more particularly in
assisting law violators to make a deliberate conversion to a more
responsible lifestyle. The justice process is deliberate, formalized
thorough, and individualized. Treatment entails establishment of
community based alternatives to incarceration.

Whereas Crime Control Model promotes punishment rather

than treatment. Deterrence serves and the philosophic
underpinnings of the entire model. The justice process is quick and
generally informal.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

What Criminal Justice model do we adopt in the Philippines. Why?

The criminal Justice Process that we adopt in our setting is the Due
Process Model.

The first four pillars, i.e., law enforcement, prosecution, courts, and
corrections, pertain to the traditional agencies vested with the official
responsibility in dealing with crime or in crime control. The community
pillar is the most broad-based. Under the concept of a participative
criminal justice system in the Philippines, public and private agencies, as
well as citizens, become a part of the CJS when they become involved in
issues and participate in activities related to crime prevention and control.

1. Law Enforcement Pillar

The first pillar is responsible for the prevention of the commission of
crime, the protection of the life, liberty and property, and in generally
maintaining community peace and order. This is primarily undertaken by the
Philippine National Police (PNP) and the National Bureau of
Investigation. There are other government agencies, such as the Bureau of
Immigration and Internal Revenue, which are also mandated to enforce specific
laws.

The work of the PNP is the prevention and control of crimes, enforcement
of laws and effect the arrest of offenders, including the conduct of lawful
searches and seizures to gather necessary evidence so that a complaint may be
filed to the Prosecutor's Office.

Major Law Enforcement Agencies.

A. Philippine National Police.

In Philippine setting, law enforcement has been concentrated in the hands

of the Philippine National Police (PNP).

The powers and functions of the PNP may be classified into three (3)
categories, (i) statutory powers or those specifically mandated by law
creating the PNP, (ii) regulatory power, and (iii) such other duties and
exercise all other functions as may be provided by law.
Under RA 6975, the PNP shall be national in scope and civilian in
character.
This agency is directly tasked with the enforcement of laws, prevention
and control of crimes, maintenance of peace and order and ensures public

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

safety and internal security.

B. National Bureau of Investigation (NBI). An investigative agency
which is under the supervision and control of the Department of
Justice.
The premier investigative service and research agency of the government.

Handles sensational cases which area of great interest to the nation.

Often called as “law enforcement of last resort” because, as a
matter of practice, procedure and mandate, the agency normally forwards
complaints filed by any aggrieved party in their office to the PNP and only
takes over cases when it is very sensational or heinous or the case or
cases is of great interest to the nation.
It may, at its own discretion, conduct parallel investigation and may play
only a supporting role to the PNP.
NBI’s main objective is the establishment and maintenance of a modern,
effective and efficient investigative service and research agency for the
purpose of implementing fully principal functions provided under Republic
Act No. 157, as amended.
What in general are the functions of the Law Enforcement in relation to
the Administration of the CJS? Explain each.

The following are the functions of the Law Enforcement, in general:

(a) To prevent criminal behavior.

Prevention involves all the factors directed toward eliminating

the cause of crimes.

(b) To reduce crime.

Crime reduction essentially means eliminating and reducing

opportunities for criminal behavior.

(c) To apprehend and arrest offenders.

This function includes crime investigation and gathering of

evidences that could withstand the scrutiny of the court.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

(d) To protect the life and property.

Protecting life and property is essentially the purpose why the

PNP is created.

(e) To regulate non-criminal conduct.

This involves the Community service and Order Maintenance

functions of the PNP.

What is the importance of arrest in the Administration of CJS?

Arrest is important in the Administration of Criminal Justice System

because if the accused is not arrested the court will not acquire jurisdiction over
his person unless the person voluntarily surrenders himself to the authorities.

Under the law, the court cannot proceed with the trial of the person
without his presence or in absentia. This is in consonance with the constitutional
requirement that the accused must have the right to be heard by himself and to
be informed of the cause and accusation against him. The only exception is
when the accused has already been arraigned.

Rule 113, Section 5. Warrantless Arrest

A police officer or a private person may, without a warrant,
arrest a person:

(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 just been committed and he has probable
cause to believe, based on personal knowledge of facts and
circumstances that the person to be arrested has committed it;
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgement or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

What is the importance of Criminal investigation in the Administration

of CJS?

Criminal Investigation is important in the administration of the CJS

because one of the purpose of criminal investigation is to gather and preserve
evidence that will both justify their enforcement action in the particular case.
Furthermore, it will enable the fact-finding process of the courts and the
prosecution of the case successfully and obtain conviction.

POLICE IMAGE in the Administration of CRIMINAL JUSTICE SYSTEM.

Why must the police enhance its public image?

It is important for the police to enhance their image so that full

cooperation of the community be attained. It is only when the police is fully
supported by the community that they shall be truly become effective in their
crime prevention, investigation and law enforcement functions.

What must the police do in order to enhance its public image?

The following are some of the activities that the police must perform in
order to enhance their image:

(a) Increased police visibility through the dispersal of personnel

from the headquarters to the field offices;
(b) efficient and optimized delivery of police services to the
communities;
(c) Constant dialogue and meetings with the barangay officials in
their respective territorial jurisdictions;
(d) Community service oriented policing by conducting seminars for
the traffic aides, police aides and the barangay tanod;

2. Prosecution Pillar
Prosecution pillar, which is the responsibility of the National Prosecution
Service (NPS) of the Department of Justice (DOJ), NPS Prosecute cases filed in
the court against alleged offenders, after probable cause has been established
through evaluation. It takes care of the investigation of the complaint.

In the rural areas, the PNP may file the complaint with the inferior courts
(i.e., the Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges
of these inferior courts act as quasi-prosecutors only for the purpose of the
preliminary investigation. Once a prima facie case has been determined, the
complaint is forwarded to the City or Provincial Prosecutor's Office which will

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

review the case. When the complaint has been approved for filing with the
Regional Trial Court, a warrant of arrest for the accused will be issued by the
court once the information has been filed.

Prosecution of Offenses: Rules and Principles

Parties in a Criminal Action

(i) Offended Parties to a Crime. When a person commits a crime, he offends
two entities: (a) the SOCIETY in which he lives in or the POLITICAL ENTITY
called the STATE whose law he had violated; and (b) the INDIVIDUAL member
of that society whose person, right, honor, chastity or property was actually or
directly injured or damaged by the same punishable act or omission.

Duty of Prosecutor.

The duty of a prosecutor during preliminary investigation is (a) to find

evidence to warrant continuation of the criminal process against an accused, and
(b) to protect the innocent from hasty, expensive and useless trials.

Inquest.

An informal and summary investigation conducted by a public prosecutor

in a criminal case involving persons arrested and detained without the benefit of
a warrant of arrest for the purpose of determining whether or not said persons
should remain under custody and correspondingly be charged in court (Sec. 1,
DOJ Circular No. 61 dated September 21, 1993).

Prosecution of Offenses Institution of Criminal Action.

The complaint or information shall be in writing, in the name of the People

of the Philippines and against all persons who appear to be responsible for the
offense involved (Section 2, Rule 110 of the Revised Rules of Criminal Procedure,
as amended).

Complaint.

A sworn written statement charging a person with an offense, subscribed

by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated (Section 3, Rule 110 of the RRCP).

Information.

An accusation in writing charging a person with an offense, subscribed by

the prosecutor and filed with the court (Section 4, Rule 110 of the RRCP).

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

Procedure for Institution of Criminal Actions.

For offenses where a preliminary investigation: By filing the complaint

with the proper officer for the purpose of conducting the requisite preliminary
investigation.

Preliminary investigation is required to be conducted before the filing of a

compliant or information for an offense where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day without regard to the fine.

For all other offenses:

by filing the complaint or information directly with the Municipal Trial

Courts and Municipal Circuit Trial Courts, or the complaint with the office of the
prosecutor.

Who Must Prosecute Criminal Actions.

All criminal actions commenced by a complaint or information shall be

prosecuted under the direction and control of the prosecutor. In Municipal Trial
Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or
to the case is not available, the offended party, any peace officer, or public
officer charged with the enforcement of the law violated may prosecute the case.
This authority shall cease upon actual intervention of the prosecutor or upon
elevation of the case to the Regional Trial Court.

Prosecutor’s Discretion in Prosecuting a Criminal Action.

Prosecutor has the discretion on what case to file against a particular

respondent. He has the discretion whom to prosecute. The court cannot compel
the prosecuting attorney to prosecute or file a criminal information within a
certain period of time, otherwise, it constitutes a violation of separation of
powers embodied and enshrined by the Constitution.

Preliminary Investigation.

An inquiry or proceeding to determine whether 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

When and When Not Required.

A preliminary investigation is required to be conducted before the filing of

a complaint or information for an offense where the penalty prescribed by law is

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

at least four (4) years, two (2) months and one (1) day without regard to the
fine.

A preliminary investigation is not required (i) where the penalty is

below 4 years, 2 months, and 1 day; or (ii) when a person is lawfully arrested in
flagrante delicto unless he waives his right under Article 125 of the Revised Penal
Code.

Nature and Purpose of Preliminary Investigation.

The objectives of a preliminary investigation are (i) to free respondent

from the inconvenience, expense, ignominy and stress of defending
himself/herself in the course of a formal trial, and (ii) to protect the state from
the burden of the unnecessary expense and in holding trials arising from false,
frivolous or groundless charges.

Right to preliminary investigation is a personal right, which may be

waived expressly or impliedly as by failure to demand such right or by
nonappearance at the investigation.

Absence of a preliminary investigation does not affect the jurisdiction of

the court or invalidate the information if no objection was raised by the accused.
Objection to the lack of preliminary investigation must be made before entry of
the plea and the court, instead of dismissing the information, must remand the
case for preliminary investigation. Preliminary Investigation is Not a Part of
the Trial.

Under the Rules of Court, the following may conduct preliminary

investigation:

Provincial or City Prosecutors and their Assistants; (ii) National and

Regional State Prosecutors, and; (III) Such other Officers as may be authorized
by law (Section 2, Rule 112 of the RRCP).

Public Attorney’s Office.

Public attorney’s office is an attached agency of the Department of Justice

which provides free legal assistance to indigent litigants in criminal cases and
non-commercial civil disputes.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

3. Courts Pillar
The third pillar of the CJS is the forum where the prosecution is given the
opportunity to prove that there is a strong evidence of guilt against the accused.
It is also in the courts that the accused is given his "day in court" to disprove the
accusation against him.

The Constitutional presumption is the innocence of any person accused of

a crime unless proved otherwise. This means that the courts must determine the
guilt of the accused - beyond reasonable doubt -- based on the strength of the
evidence of the prosecution. If there is any reasonable doubt that the accused
committed the crime, he has to be acquitted. The Rules of Court, however,
provides that the accused can be convicted of a lesser crime than the crime he
has been charged with in the information. But the elements of the lesser offense
should be necessarily included in the offense charged, and such lesser crime,
was proven by competent evidence.

Enumerate the general functions of the courts in relation to the CJS.

They are the following:

1. To protect the rights of the accused. The courts are responsible

for the reviewing the actions of law enforcement agencies to
ensure that the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a
crime. Review all the evidences presented by the police to
determine its relevance and admissibility in accordance with the
Constitution and the rules of court.
3. To dispose properly of those convicted of the crimes. The Courts
have the responsibility to examine the background of the accused
and the circumstances of the crime.
4. To protect the society. After the accused has been found guilty,
the court may determine if the offender should be removed from
society and incarcerated in order to protect the safety of life and
property and this is specially true in case of Probation.
5. To prevent and reduce criminal behavior. This is the task
properly imposing the proper penalty and sanctions that will
serve to deter the future criminal acts by the offender and also
serve as an example and deterrent to others who would commit
criminal acts or threaten public safety.

Define Jurisdiction.
Jurisdiction is the authority of the court to hear and try a particular
offense and to impose the punishment provided by law.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

Define Venue.
Venue refers to the place, location or site where the case is to be heard
on its merits.

What are the different Courts and their respective jurisdiction in

Criminal cases?

The following are the Criminal Courts and their respective jurisdictions:

JURISDICTIONS OF CRIMINAL COURTS

COURTS ORIGINAL APPELLATE

JURISDICTION JURISDICTION

MUNICIPAL TRIAL (a) All violations of city NONE

COURT/MUNICIPAL and Municipal
CIRCUIT TRIAL COURT/ ordinances committed
METROPOLITAN TRIAL within their respective
COURT jurisdiction;
(b) over all offenses
punishable with
imprisonment not
exceeding six (6)
years irrespective of
the amount of fine;
(c) damage to property
through criminal
negligence.

REGIONAL TRIAL COURT (a) in all cases not within From decisions or
(RTC) the exclusive original judgemnts of the
jurisdiction of a any MTC/MCTC/MeTC over
court , tribunal or letter (b) and (c) of their
body; in other words, original jurisdiction.
those which carry the
penalties exceeding
six (6) years of
imprisonment;
(b) those not covered by
the jurisdiction of the
Sandiganbayan.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

SANDIGANBAYAN (a) violations of R. A. Decisions or judgement

3019, otherwise of the Regional Trial
known as the Anti- Court over cases
graft and Corrupt committed by public
Practices Act, R. A. officers under its original
1379, and Chapter II, jurisdiction in letter ©.
Sec. 2, Title VII, of
Book II of the
Revised Penal Code.

1. officials of the
executive
branch
occupying the
positions of
regional director
and higher,
otherwise
classified as
Grade “27” and
higher.
(a) Xxx
(b) Xxx
(c) Xxx
(d) Phlippine Army and
air force colonels,
naval captain, and
all officers of higher
rank;
(e) Officers of the PNP
while occupying the
position of
provincial director
and those holding
the rank of senior
superintendent or
higher.
(f) r.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

COURT OF APPEALS NONE From the decisions or

judgments of the RTC
on:
(a) Question of facts
(b) Question of law; or
(c) Both question of
facts and law

SUPREME COURT NONE From the decisions or

judgments of the CA and
the Sandiganbayan
involving Questions of
Law only.

How may jurisdiction over the person of the accused acquired?

Jurisdiction over the person of the accused is acquired through (1) his
arrest or (2) by his voluntary submission to the custody of the proper authorities.

What is arraignment?

Arraignment is the stage where the issues are joined in criminal action
and without which the proceedings cannot advance further or, if held, will
otherwise be void.

It is the stage of the proceedings whereby the accused shall be informed

of his/her constitutional right to be (officially) informed of the nature and the
cause of the accusation against him and to ask him of his plea.

What is the definition of judgment?

A judgment is the law’s final word pronounced by a competent authority

in a controversy submitted to it.

The elements are the following:

1. the controversy;
2. the authority; and
3. the decision.

It is also defined as the stage wherein the court pronounces whether

the accused is guilty or not guilty of the crime as charged.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

What is the weight of evidence required in order to convict the

accused?

The weight of evidence required in order to convict an accused is “ Proof

beyond reasonable doubt.”

4. Corrections Pillar
Corrections is that branch of the criminal justice system charged with the
custody, supervision and rehabilitation of a convicted offender.

The correction pillar administers the prison and jail systems through
corrective, rehabilitative and restorative measures. It also administers death
penalty to offenders who are found guilty of committing heinous crimes. The
Bureau of Corrections, Parole and Probation Administration, Board of Pardons
and Parole, Bureau of Jail Management and Penology, Department of Social
Welfare and Development and the local government units are involved in this
pillar.

The fourth pillar takes over once the accused, after having been found
guilty, is meted out the penalty for the crime he committed. He can
apply for probation or he could be turned over to a non-institutional or
institutional agency or facility for custodial treatment and
rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his
sentence. When the penalty is imprisonment, the sentence is carried
out either in the municipal, provincial or national penitentiary
Depending on the length of the sentence meted out.

What are the general functions of Corrections in relation to the

Administration of CJS?

The following are the general functions of Correctional Institutions:

1. To maintain the institutions. The correctional component is responsible

for maintaining prisons, jails, and other institutional facilities to receive
convicted offenders sentences to periods of incarceration.
2. To protect law abiding members of society. Correction is responsible for
providing custody and security in order to keep sentenced offenders
removed from the free world so that they cannot commit further crimes
on society.
3. To reform offenders. Corrections is responsible developing and providing
services to assist incarcerated offenders to reform and assist them in

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

returning to society and in leading a non-criminal life after his/her

release.
4. To deter crimes. Corrections is responsible for encouraging incarcerated
and potential offenders to lead law-abiding lives the experience of
incarceration and the denial of freedom to live in a free society.

When does Correction enter into the picture in the administration of

the CJS?

Correctional Institutions enter into the picture, as a rule, when the

conviction of the accused has become final and executory. That is, when the
judicial process has been completed and the court issues a MITTIMUS for the
enforcement of its decision.

Although, Correctional Institutions, Jails in particular, may receive an

accused for custody or detention only, in which case the court issues a
COMMITMENT ORDER.

What is meant by Mittimus?

Mittimus is a warrant issued by a court bearing its seal and the signature
of the judge directing the jail or prison authorities to receive the convicted
offender for service of sentence.

What does Commitment Order mean?

A Commitment Order is a written order of a court or authority consigning

a person to jail or prison for detention.

PURPOSES OF CORRECTIONS

What are the purposes of Correction?

The following are the purposes of corrections:

1. Deterrence.
2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.

D-R2-I-P

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

Explain the concept of deterrence?

Deterrence is one of the most meaningful principle of corrections. Its

concept is that punishing the criminal will reduce the incidence of criminal
behavior in a society.

What are the two major applications of deterrence?

1. The concept of general deterrence. This can be thought of as

the power of criminal law and the agencies of criminal justice to deter offenders
from committing crimes. The threat of arrest, conviction, and imprisonment then
prevents a person from committing a crime, which in the absence of these
sanctions might otherwise commit.

2. The concept of special deterrence. This form of deterrence,

theoretically, is designed to prevent further crimes by someone who has already
experience the sanctions imposed by the law through the mechanisms of the
courts and imprisonment.

Explain the concept of Rehabilitation?

The goal in this purpose links the criminal behavior with abnormality or
some form of deficiency in the criminal. It assumes that human behavior is the
product of an antecedent causes and that to deal effectively with any deviant
behavior , these various cases must be identified- be they physical, moral,
mental, social, vocational or academic. Once the problems has been diagnosed
and classified for treatment, the offender can be corrected by the right
psychological therapy.

Explain the concept of Reintegration?

This model is a more practical and realistic extension of the rehabilitative

philosophy. Like the rehabilitative model , it views the offender as needing help-
but at the same time it recognizes that criminal behavior is often the result of
disjunction between the offender and the society.

The reintegrative model realizes that society and the individual are
inseparable, and therefore the offenders environment is also emphasized. If the
offenders are to be helped, then they must be assisted in coping with the forces
of the everyday environment to which they will return upon release from prison.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

Explain the concept of Isolation and Incapacitation?

The idea of incapacitation rests on the idea that convicted criminals

should be rendered physically unable to continue their criminal acts- whether this
is accomplished by imprisonment and thereby the removal of the individual from
society or by the imposition of death penalty in criminal cases.

On the other hand, Isolation was the major impetus behind the exile and
transportation method of dealing with the offender.

Explain the concept of punishment?

The general concept is that it is the infliction of some sort of pain on the
offender for violating the law. In the legal sense it is more of an individual
redress or personal vengeance.

Punishment therefore defined as the redress that the state takes against
the offending member.

Punishment is also a form of disapproval for certain behaviors that is

followed by the imposition of penalty. Punishment makes the offender
stigmatized and penalized.

What are the justifications of punishment?

The following are the justifications of punishment:

(a) Retribution-or personal vengeance.

(b) Expiation or Atonement-
(c) Deterrence
(d) Protection
(e) Reformation

Define Corrections?

Corrections is that branch of the criminal justice system charged with the
custody, supervision and rehabilitation of a convicted offender.

What are the different Correctional Institutions in the Philippines?

The following are the different Correctional Institutions in the Philippines:

1. *The City or Municipal Jails under the BJMP;

2. *The provincial Jails under the Provincial Governors; and

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

3. The Bureau of Corrections under the Department of Justice.

*NOTE: Both are under the DILG (R. A. 6975, Sec. 61)

Enumerate the different Custodial Branches of the NBP?

The following are the different custodial branches of the NBP:

1. The New Bilibid Prison at Muntinlupa City.

2. San Ramon Prison and Penal Farms, San Ramon, Davao.
3. Iwahig Prisons and Penal Farms located at Iwahig, Palawan.
4. Leyte Regional Prisons, Leyte.
5. Davao prisons and Pehal Farms, Davao.
6. Correctional Institutions for Women, Mandaluyong City.
7. Sablayan Prisons and Penal Farms, Sablayan, Oriental Mindoro.

What is Jail in relation to the administration of the CJS? Explain.

Jail is an integral part of the Criminal Justice System. Although it is

considered as a subsystem of the corrections component, it plays a far more
important role than the classification would suggest.

The Jails serves as the portal to the Criminal Justice System and an
important indicator of the interest and concern with justice, punishment, and
rehabilitation expressed by society and the local community.

What is the role of the Community as the fifth pillar of the Criminal
Justice System? Define Community in this connection?

The community has an unparalleled role as the fifth pillar of the Criminal
Justice System.

In this connection, the community is understood to mean as “ elements

that are mobilized and energized to help authorities in effectively addressing the
law and order concern of the citizenry.”

Explain the responsibilities of the community in relation to Law

Enforcement.

As one of the pillars or component of the Criminal Justice system, the

community with its massive membership has vital responsibilities in law
enforcement

The citizens can achieve these roles:

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

(a) identifying offenders;

(b) giving data about the illegal activities and cohorts of the
criminals, and the proliferation of organized crimes and
syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of
the police but is equally the concern of every citizen in order to have a peaceful
place to live in.

5. Community Pillar
Community Pillar collectively imposes limitations on individual behaviour of
citizens for the common good of civilized and democratic society. The community
pillars comprise of the citizenry as a whole and the various non-government
organization, civil society groups, people’s organizations, academe, religious
organizations and other civic organizations that represent citizen interest and
causes.

The fifth pillar has a two-fold role. First, it has the responsibility to
participate in law Enforcement activities by being partners of the peace
Officers in reporting the crime incident, and helping in the arrest of the
offender. Second, it has the responsibility to participate in the
promotion of peace and order through crime prevention or deterrence
and in the rehabilitation of convicts and their reintegration to society.
Rehabilitation takes place when the convict is serving his sentence. A
convict may be paroled or may even be placed on probation. Under
the concept of a participative criminal justice system in the Philippines,
public and private agencies as well as citizens, become part of the CJS
when they participate and become involved with issues and activities
related to crime prevention. Thus, citizen based crime groups becomes
part of the CJS within the framework of their involvement in crime
prevention activities and in the integration of the convict who shall be
released from the corrections pillar into the mainstream of society.

What is the role of the Community as the fifth pillar of the Criminal
Justice System? Define Community in this connection?

The community has an unparalleled role as the fifth pillar of the Criminal
Justice System.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

In this connection, the community is understood to mean as “ elements

that are mobilized and energized to help authorities in effectively addressing the
law and order concern of the citizenry.”

Explain the responsibilities of the community in relation to Law

Enforcement.

As one of the pillars or component of the Criminal Justice system, the

community with its massive membership has vital responsibilities in law
enforcement

The citizens can achieve these roles:

(e) identifying offenders;

(f) giving data about the illegal activities and cohorts of the
criminals, and the proliferation of organized crimes and
syndicates;
(g) volunteering as witnesses;
(h) adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole

responsibility of the police but is equally the concern of every citizen
in order to have a peaceful place to live in.

Examples of Community participation in the Administration of Criminal

Justice in our setting and explain each.

They are the following:

1. The growing interest in the rights and welfare of the victim as

shown by the government with the cooperation of community
leaders. Accordingly, R.A. No. 6981, otherwise known as the
“Witness protection and Security Act” was passed and approved
on April 24, 1991.

This is to encourage the citizenry to participate in the Criminal

Justice System by helping the government and the community
in dealing with crime and criminals.

The Creation of Police-Community Relations.

R.A. 6975, created this unit in order to implement plans and

programs that will promote community and citizens’
participation in the maintenance of peace and order and public

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

safety. It was created to establish harmonious relationship

between the police and the citizen. The community involvement
in the criminal justice system is necessary to show its problems
and encourage action for the solution thereof. It is clear that
the police and the citizens need each other to combat and
eradicate criminality.

How can Police-Community Relations be achieved?

This can be done:

(a) Through constant dialogues between seminars to

acquaint the barangay tanods and the police aides of
their duties and responsibilities in the performance of
their functions in the community.
(b) The police must follow the rule of law on dealing with the
citizens by performing their duties in a humble and
efficient manner and by showing the public goodwill.

Barangay Justice System

Katarungang Pambarangay is in force by virtue of PD 1508 as amended
by RA 7610. It provides for the creation of lupon tagapamayapa who shall
exercise administrative supervision of amicable settlement of all disputes
covered by the katarungang pambarangay law. In principle, Katarungang
Pambarangay is an informal part of the Court because there are
complaints either civil or criminal which requires to undergo the process of
reconciliation. The creation of Katarungang Pambarangay aims to provide
speedy resolution of court dockets through conciliation, mediation, and
arbitration to avoid mockery in the dispensation of justice in court.

It’s Significance to Criminal Investigation

Before a complaint is referred to the prosecutor’s office he has to exert

diligence to ferret out the truth regarding a controversy. In as much as he wants
to help the victim, he must also protect the innocent from the rigors of trials. A
police investigator should determine what court has jurisdiction over the case.
When the case is punishable by less than 6 years imprisonment, it is within
jurisdiction of MTC or MCTC, if otherwise it falls within the jurisdiction of RTC,

The police investigator may refer all cases to the lupon tagapamayapa to
bring together the parties actually residing in the same city or municipality for
amicable settlement of all disputes except:

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

1. When one party is the government or any subdivision or

instrumentality thereof;
2. When one party is a public officer or employees, and the disputes
relates to the performance of official functions;
3. Offenses punishable by imprisonment exceeding 1 year or a fine
not exceeding Five Thousand (P 5,000) pesos;
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different
cities or municipalities unless the parties thereto agree to submit
their difference to amicable settlement by an appropriate lupon;
6. Disputes involving parties who actually resides in barangay of
different cities and municipalities except where such barangay
units adjoins each other and the parties thereto agree to submit
their differences to amicable settlement by an appropriate lupon
or; and
7. Such other classes of disputes which the President may, in the
interest of justice, determine upon the recommendation of the
Secretary of Justice and Secretary of Interior and Local
Government.

CONCILIATION
Pre-condition to filing of complaint in court.- No complaint, petition, action
or proceeding involving any matter within the authority of the lupon shall
be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties before
the lupon chairman or the pangkat, and that no conciliation or settlement has
been reached as certified by the lupon secretary or pangkat secretary as attested
by the lupon chairman or pangkat chairman or unless the settlement has been
repudiated by the parties thereof.

Where parties may go directly to court.

The parties may go directly to court in the following instances:

1. Where the accused is under detention;

2. Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings.
3. Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property
and support pendent life; and
4. Where the action is barred by the statute of limitation.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee
CRIMINAL JUSTICE SYSTEM HANDOUT

OTHER CASES COGNIZABLE BY KATARUNGANG PAMBARANGAY

1. Light felonies
2. Violation of rental law
3. Cases of RA 9344 when the offence is punishable by not more
than 6 years and the child is above 15 years (15 yo and 1 day) old
but below 18 years old acted without discernment and if the child
is below 15 years old.
4. Cases of RA 9262. For application of barangay protection order
only.

How important is coordination among the five

pillars?
It should be evident that the Philippine CJS is not just the agencies
charged with law enforcement; not just the prosecution—arm of the
government; nor just the courts; nor just the correctional system, nor just the
community. The CJS is all of these pillars considered working collectively and in
coordination with one another. Each pillar should and must perform its role
otherwise the system would not work. These pillars are inter-related and
connected with each other, hence, coordination is essential and imperative in
bringing justice in the community.

SUMMARY
The Supreme Court of the Philippines describe the criminal justice
system as “the 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 if found guilty, provisions being made for their
correction and rehabilitation.” We have to recognize the mutual reinforcement
relationship among the five pillars of the criminal justice system. The relationship
may be described as multi-dimensional, which means each pillar relates to every
other pillar in promoting the rule of law.

‘Knowing is not enough; We must apply. Willing is not enough; We must do.’ –Bruce Lee