Philippine Criminal

Justice System
Prof. Manuel M Mercader, RCrim.,MSCA
Police Chief Inspector (Ret.) PNP-CIDG
SVCC Department Program Head
 COURSE DESCRIPTION
• The study of the five (5) pillars of Criminal Justice System in
the Philippines- The Law Enforcement, Prosecution, Court,
Correctional and Community.
• It also covers their respective functional relationship as well
as the individual roles in the Administration of justice in the
solution of crimes.
• It includes the procedures and the parctice of the criminal
justice system with its linkages to law enforcement services,
the prosecution, court correction and community.
• This course also incorporates the scientific study of crimes,
criminals, societal response to their behavior in penal and
non-penal setting and the administration of criminal justice
correction including parole.
• Crime – it is an act or omission in
violation of the criminal law. (Sutherland
and Cresey)
– It is an act which is not in conformity
with the accepted norms and standards
in a certain society. (Keeper)
– An act committed or omitted in
violation of a public law forbidding or
commanding it.
• Act - Any bodily movement tending to
produce some effect in the external world.
• Omission – is meant inaction, or the
failure to perform positive duty which one
is bound to do.
• Criminal Law – Branch or division of law
which defines crimes, treats of their nature
and provides for their punishment.
• Criminal – It refers to any person finally convicted by a
competent court in violation of law.
• Justice – Principle of dealing with fairness; equality in the
application of law.
• System – A process; a coordinated body of method; organized
way of work.
• Criminal Justice System – Sum total of instrumentation which a
society uses in the prevention and control of crimes.
- The machinery used by a democratic government to
protect the society against criminality and other peace and
order problems.
- An integrated apparatus that is concerned with
apprehension, prosecution, conviction, sentencing and
correcting criminals.
- The process of linking the five pillars of criminal justice
system together so as to achieve an interrelated scheme of
reciprocal responsibilities in its approach to community
involvement.
 BREEDING GROUNDS OF CRIMINALITY
(CAUSES OF CRIMES)
• Poverty – This is characterized by the widespread unemployment, low income and
productivity, malnutrition, big families and rapid population growth rates, low
standard of living and the like. Because of poverty and its concomitant deprivation
and hardship, many become desperate and are forced by circumstances to resort to
crime; just so, they could alleviate or escape from their miseries and frustrations.
• Ignorance - This factor is widespread among people, who lack knowledge and
understanding about many laws and things, which they should and are presumed to
know as citizens.
• Injustices/Abuses – This factor in itself already constitutes several crimes themselves.
As if these were not enough yet, such they spawn and breed more crime to happen
as aftermath thereof.
• Soft State – This pertains to a system of government characterized by non-
enforcement of several laws and ordinances, massive graft and corruption,
absenteeism on the part of government officials, lack of basic services and other ugly
symptoms.
• Fear – This problem is pervasive that it affects practically the entire society, whether
rich or poor.
• Lost Family Values – It loosens family ties, result in many broken homes or families.
As children are separated from their parents they go wayward and become
misguided. Many become addicted to prohibited drugs, unwed or separated parents
and eventually become criminals or victims of crimes.
 OTHER BASIC CAUSES OF CRIMES (By: Cirilo Tradio)

• Hatred – Some individuals develop violent hatred for reasons or another. This
hatred may ultimately result in some acts of violence. The normal or well-
adjusted person can control hatred. Others, because of their mental make-up,
cannot control hatred which in all likelihood would result in an act of violence
against another.
• Passion – All persons are born with the same general tendencies and passions.
It is in the manner in which they control these passions that will determine
whether or not a person is able to control his passion will depend upon his
early training and the influence of his home.
• Personal Gain – It is normal for a person to desire to improve his life and to
work hard to provide a better if not abundant life for himself and his family.
• Insanity – From among the members of the society, there are those who are
born mentally abnormal and are therefore not governed by their own free will.
They cannot distinguish good from evil. They have no control over their
physical want and are not aware that what they have done is wrong.
• Revenge – This literally means to retaliate. This is what most people feel and
think of when others have committed acts detrimental to the interest of their
loved ones. It is the manifestation of uncontrollable impulses by one against
another who offended them.
• Unpopular Laws
GOALS OF CRIMINAL JUSTICE SYSTEM
• Protect the members of the society.
• Maintain Peace and Order
• Crime prevention
• Suppression of criminal conduct
• Review the legality of existing rules and regulations
• Rehabilitation and reformation of offenders.

PURPOSE OF CRIMINAL JUSTICE SYSTEM

The purpose of the criminal justice system is to
process those who have been accused of criminal
activities.
COMPONENTS OF CRIMINAL JUSTICE SYSTEM
• American Concept of Criminal Justice System
– Law Enforcement
– Court
– Correction
• Philippine Concept of Criminal Justice System
– Law Enforcement (Police)
– Prosecution
– Court
– Correction
– Community
 OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

• Preventing the commission of crime

• Enforcing the law
• Removing dangerous person from the community
• Protecting life, individual rights and properties
• Deterring people from indulging in criminal activities
• Determining the guilt or innocence or guilt of the
accuse
• Investigating, apprehending, prosecuting and
imposing penalty upon those who cannot be
deterred from violating the rules of society
• Rehabilitating offenders and returning them to the
community as law-abiding and useful citizens of the
society.
 PROCESS OF CRIMINAL JUSTICE SYSTEM
1) The police are responsible of gathering pieces of evidence and
arresting the law violator as well as filing complaint to the
prosecutor.
2) The prosecutor is responsible for evaluating evidence, which the
police gathered, and deciding whether it is sufficient to warrant
filing of charges against the accused.
3) The defense lawyer, whether privately retained or provided by
the government, are responsible for defending the accused.
4) The judge, during trial, is an arbitrator in court while judicial
proceeding goes through.
5) The judge at the end of the trial renders decision to the case.
6) The probation officer conducts pre-sentence investigation, and
also supervise offender placed on probation.
7) The offender, if convicted and sentenced, will be committed to
penal institution until the parole board grants him parole or be
released if he had completely served his sentence.
8) Finally, the convicted offender, once sentence is served, will be
sent back to the main stream of the society.
 A. Criminology and Criminal Justice
Differentiated
• Siegel and Senna states that “ criminal justice
may be viewed or defined as the system of law
enforcement, adjudication, and correction
that is directly involved in the apprehension,
prosecution, and control of those charged
with criminal offenses”.
 What is CRIMINOLOGY?
• Sutherland, Cressey and Luckenbill define criminology
as “the body of knowledge regarding crime as
a social phenomen. It includes within its scope
the process of making laws, of breaking laws,
and of reacting toward the breaking of laws”.
criminology has
They further note that

three (3) interrelated divisions;

these are;
 I.
• The sociology of Criminal Law
which systematically analyzes the conditions
under which penal laws develop and explains
as well as the procedures used in police
agencies and courts. This first procedures
focuses on
• “ LAWMAKING”.
 II.
Sociology of Crime and the
• The

Psychology of Criminal
Behavior which examines economic,
social and political conditions that generates
or prevents the commission of crimes. This
second division focuses on
• “ LAW-BREAKING”
 III.

Sociology of Punishment
The
and Correction that systematically
analyzes the procedures and policies that aims
to control crimes. This third division focuses on
“society’s reaction to
law breaking.”
 What is the Difference between Criminal
Justice and 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 Criminologist are concerned with
identifying the nature, extent and causes of
crimes;
• Criminal Justice scholars engage in
describing, analyzing, and explaining the
operations of the agencies of justice,
specifically the police agencies, the
prosecution, the courts and the rest of
the pillars of the system in seeking more
effective methods of crime control and
offenders rehabilitation.
 B. Crime and Criminal Justice System
• What is the event that calls for the operation of the
criminal justice system? Why?
• Ans. CRIME. Because when a crime is committed, it
disturbs the tranquility and harmony of the society.
Such 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 the rle in the criminal justice process.
 Enumerate some of the legal principles or
maxims, regarding a crime or a criminal act?
• (a) “Nullum crimen nulla poena sine lege” That is-
There is no crime where no law is punishing it.
• (b) The maxim is, “actus non facit reum, nisi mens
rea” A crime is not committed if the mind of the
person performing the act complained be innocent.
• (c) The maxim is “Actus me invito factus, non est
meus actus”, An act done by me against my will is not
my act.
• (d) Crimes mala en se and crimes mala prohibita.
Murder is ex of mala en se, while Illegal Possn of FA
and Ammo is an example of mala prohibita.
What department of the government defines
and punishes an act?
• (a) The 1987 Phil. Cons. Empowers the
legislative branch of the government or
Congress, which is composed of the Upper
House or the Senate and the Lower House or
the House of Representatives, with the power
to enact, modify or repeal laws. It is
empowered to determine what acts are
deemed harmful to our society and punishes
such acts in order to suppress them.
• (b) Our local legislative bodies which
is (Sanggunian Panlalawigan,
Sanggunian Panlungsod, Sanggunian
Pambayan,SanggunianPambarangay)
are also authorized to enact laws that
are criminal or penal in nature and
are applicable or enforceable only
within their respective territorial
jurisdiction.
 What is crime in the legal sense?
• Criminologists define crime 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.
 From this legal definition, what are the
things that apparently constitute crime?
• They are the ff;
• 1. The act must be voluntary. Thus, if
the criminal act where shown to have been done
involuntary as when the individual is forced to
commit a criminal act against his will, the person
cannot be found guilty of the crime.
• 2. It must be intentional. Thus,
otherwise criminal act that occurs by accident
generally is not considered crimes.
• 3. It must be committed by a legally
competent person. Under the law certain persons
are considered not capable of committing a crime, like insane or
those who are fifteen (15) rs old and below.

• 4. The behavior that constitutes

crime can be either an act of
commission or an act of omission.
Thus, one may be guilty of a crime by doing something
which is prohibited or should not be done (ex. Murder),
as well as doing what the law says should be done (ex.
Payment of tax) In this connection, an act of omission
to constitute a crime must be considered unlawful by
the statute at the time the act is committed.
• 5. A crime is an act that threatens
the welfare of the society and is
punishable by judicial proceedings
in the name of the state. Thus, crime is
considered to be a crime against the collective
well-being of the society. In criminal
proceedings, the offended party or private
complainant is merely considered as the
primary witness of the state.
 Based on the legal definition, how may
the government convict a person of a
crime ?
• 1. An act was committed, that at the time of its
commission, was prohibited, or that the accused
failed to do something commanded by law (act);
• 2. That the accused did the act voluntarily and
with full knowledge of what he or she was doing
(the crime must be committed with the
concurrence of intent, freedom of action, and
intelligence, or by means of negligence or
imprudence);
• 3. That the act resulted from the intent ( the
concurrence of act and intent or negligence or
imprudence)
• 4. That the act and the intent caused something
to occur that was offensive to the law
(causation); and
• 5. That it caused some harm to society (result).
• (note): In the Philippines, if a crime is punished
by the RPC, it is called a felony; if by a special
law, it is called an offense; if by am ordinance,
it is called an infraction of an ordinance.
How are crimes classified by criminologist?
Give examples.
• Some of the examples of criminological
classifications of crimes are the ff;
• - The types of victims (child abuse, women,
elderly)
• - The type of offender (white/blue collar
crimes, hate crimes)
• - The object of crime (property, person, state)
• - The method of criminal activity (organized,
accidental or negligence, or modus operandi)
• - Degree of Gravity (light, serious, or less serious)
• - Nature of crime (mala in se or mala prohibita)
• (mala in se if the crime is wrong by nature and mala
prohibita if it is not wrong by nature but merely
regulated or controlled by the State in order to
maintain orderly conduct)
• - Classify as to its source of enactment or legislation
(Felony, offense, Infraction of an
Ordinance)
• - Formal/Informal Crime consumated immediately
(like oral defamation of physical injury) or there are
stages in its commission
• - Continuing Crime (elements of the crime may
be committed in different places or venue (like
kidnapping, estafa or swindling, or in violation of
the Anti-Trafficking in Persons Act of 2012 or RA
10364) or that the crime is committed in a
continuous or series of acts manifesting the same
or singular intent or purpose)
• -Transitory crime (crime is committed while on
board a vessel or a private or public vehicle.
• - Status offense (punishable when committed
by minors but not when committed by adults)
What is the importance or effect of the
classification of Crimes in the
Administration of Criminal Justice?
• It is very important because it will affect the decision
making of the agents or agencies of Criminal Justice
in regards to enforcement of crimes. Serious crimes
like Murder, are more likely to be enforced,
investigated, prosecuted or may even be given
priority in court proceedings compared to light or
insignificant crimes like violation of an ordinance.
• When the victim is a minor or a woman or an ederly
person, the full force of he law will most likely be
enforced as it will generate sympathy from the media
and the public at large.
• If it is mala in se, it will likely be enforced considering
that the act is by nature morally wrong or odious to
the public, thus, will elicit public condemnation.
 How are crimes classified under book II of
the Revised Penal Code?
• - Crimes Agst National Security and the laws of the state
• - Crime Agst Fundamental Law of the State
• -Crime Agst Public Order
• -Crime Relative to Opium and Prohibited Drugs
• - Crimes Agst Property
• - Crime Agst Public Interest
• -Crime Agst Persons
• -Crime Agst Perssonal Liberty and Security
• -Crime Agst Chastity
• -Crime Agst the Civil Status of Persons
• -Crime Agst Honor
• -Quassi-offenses
 What are the two basic principles
of criminal law that the Philippines
adhere to in the administration of
the Criminal Justice System?

•
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 the accused’s
acknowledgement of his guilt that he/she
indeed committed 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 the criminal
prosecutions carry the penalty of imprisonment
and even death in some cases, the state
through the prosecution is given a difficult
burden. Nevertheless it is the bedrock of our
social-and through it, our legal system.
What are the different numenclatures given
to the person who is being processed under
CJS?
• 1. At the police stage, durng investigation, he/she is
reffered to as the SUSPECT.
• 2. At the Prosecutors office, during the determination of
probable cause or during PI, he/she reffered to as the
RESPONDENT.
• 3. At the trial of the case, when a case has been filed in
Court, he is ACCUSED.
• 4. Once the Court has determined that the accused is
guilty beyond reasonable doubt he/she is reffered as
CONVICT.
• 5. CRIMINAL?
Give the four (4) elements of justice in order
that justice may be dispensed of absolutely.

• 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
law violator in which it is the hardest to
identify..
Enumerate the four types of mistakes
that can happen when society
attempts to administer justice.
• 1. The Innocent is punished

• 2. The guilty escapes the punishment.

• 3. The guilty are punished more severely than

necessary.

• 4. The guilty are punished less severely than

necessary.
What are the two principles of law
that must be adhered to in our
Criminal Justice System?
• 1. The due process of law; and

• 2. The equal protection clause.

 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.
 What Criminal Justice model do we adopt
in the Philippines? Why?
• The Philippines adopts the Due Process
Model in its criminal justice process instead
of crime control model.
• Because, 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. Whereas,
the crime control model promotes punishment
rather than treatment. The justice process is
quick and generally informal.
 Explain the principle of
“Due Process of Law”
• Essentially, the concept of due process means that those
who are accused of the crmes and those who are
processed through CJS must be given the basic rights
guaranteed by the Cosntitution.
• 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 thereof and the lack of opportunity to
be heard.
End of Presentation!!!!
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