Title PHILIPPINE CRIMINAL JUSTICE SYSTEM.pdf ✅

CRIMINAL JUSTICE SYSTEM What is Criminal Justice System? - The machinery of the State or government, which enforces the rules of conduct necessary to protect life and property and maintain peace and order. - Totality of activities of the law enforcement, prosecution, courts, correction and community. -It is a systematized process which the government uses to maintain social control by enforcing laws and administering justice to maintain peace and order. What is Criminology? -It is defined as the body of knowledge regarding crime as a social phenomenon. Concept of Crime Crime is voluntary and intentional violation by a legally competent person of a legal duty that commands or prohibits an act for the protection of society. (Atty. Gabao, 2013) Crime is an act committed or omitted in violation of a public law forbidding or commanding it. (Reyes, 2013) What is criminal? The criminal is the principal character in the processes conducted by the 5 pillars What is Criminal Law? -It is defined as the branch of public law which defines crimes, treats of their nature, and provide for their punishment. Classification of Criminal Law  Substantive Criminal Law- defines elements that are necessary for an act to constitute a crime and therefore punishable.  Procedural Criminal Law- refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal law. Basic principles of criminal law we adhere to in the administration of the CJS in the Philippines  The first is “the presumption of innocence”. This means that those who are accused of crimes are considered innocent until proven guilty.  The second is “the burden of proof which in criminal cases means that the government must prove beyond reasonable doubt” that the suspect committed the crime. (Atty. Gabao, 2013) Components of the Philippine Criminal Justice System Five Pillars of the PCJS  Law Enforcement- the enforcement of the laws of the land, including the apprehension of possible violations of such law
 Prosecution- the process of accusing the person in court of a law violation, particularly those criminal in nature.  Court- is the institution charged with the trial, or finding out whether a person is guilty of a law violation and determination of his punishment.  Correctional Institution- carries out the correction reformation, punishment, and rehabilitation of an individual adjudged by a court of law as guilty of committing a criminal offense.  Community- the newest pillar of PCJS, being the unit of society where individuals who have committed criminal offenses and are deemed reformed and rehabilitated after undergoing correction, are being accepted as a totally new and productive citizen .Nomenclatures given to the person who is being processed under the PCJS. 1. At the police stage, during investigation, he is referred to as the SUSPECT. 2. At the Prosecution 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 judgment has been rendered, he is referred to as the CONVICT. 5. It is only upon undergoing all the process when the person has served the sentence when he can really be considered as a CRIMINAL. (Atty. Gabao, 2013) Primary Goals of the CJS 1. To protect the members of the society 2. The maintenance of peace and order. Secondary Goals of the CJS 1. The prevention of crime 2. The suppression of criminal conduct by apprehending offenders for the 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 the behaviour of those who violate the law. Philosophical Approaches behind CJS 1. Adversarial Approach  Where the accused is innocent until proven guilty. 2. Inquisitorial Approach  Where the accused is guilty until proven innocent. Due Process Of Law- a fundamental constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. American CJS vs Philippines CJS 1. Law Enforcement 2. Courts 3. Corrections 1. Law Enforcement 2. Prosecution 3. Courts 4. Corrections 5. Community
THE FIRST PILLAR (Law Enforcement) The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime-mover” of the Criminal Justice System. -This pillar of the CJS involves prevention of the commission of crime and the protection of life, liberty and properties of the citizen. When they learn of the commission of crime or discover them, their specific duties are: a. Investigate Crime b. Arrest Suspects c. Refer the case and the suspect to the public prosecutor. Premier Law Enforcement Agencies 1. The Philippine National Police 2. National Bureau of Investigation 3. Bureau of Internal Revenue Other Law Enforcement agencies in the Philippines. 1. PCG- Philippine Coast Guard 2. PPA- Philippine Ports Authority 3. AFP- Armed Forces of the Philippines 4. AMLC- Anti- Money Laundering Council 5. PDEA- Philippine Drug Enforcement Agency 6. BI- Bureau of Immigration 7. BOC- Bureau of Customs 8. PCTC- Philippine Center on Transnational Crime 9. ATC- Anti- Terrorism Council 10.NICA- National Intelligence Coordinating Agency 11.MMDA- Metro Manila Development Authority 12.SEC- Securities and Exchange Commission 13.LTO-Land Transportation Office 14.DOLE—Department of Labor and Employment 15.BFP- Bureau of Fire and Protection 16.BJMP- Bureau of Jail Management and Penology Functions of Law Enforcement relation to administration of the CJS 1. To Prevent Criminal Behavior 2. To reduce Crime 3. To apprehend and arrest offenders 4. To protect the life and property 5. To regulate non-criminal conduct The Evolution of Philippine Police Service SPANISH PERIOD Carabineros de Seguridad Publica  Cuerpo de Seguridad Publica  Organized in 1712 for the purpose of carrying the regulation of the Department of state: this was armed and considered as the mounted police. Guardrilleros / Cuardillo
 This was a body of rural police organized in each town and established by the Royal Decree of 18 January 1836, this decree provide that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police organization for three years. Guardia Civil  This was created by a Royal Decree issued by the Crown on 12 February 1852 to partially relieve the Spanish Peninsular troops of their work in policing towns; it considered of a body of Filipino policemen organized originally in each of the provincial capitals of the central provinces of Luzon. RA 6975- An act establishing the PNP under a reorganized department of the DILG and for other purposes, December 13, 1990.  Interior and Local Government Act of 1990  PNP Law  DILG Law Philippine National Police  Organized pursuant to RA 6975, as amended by RA 8551 and RA 9708.  Establish and maintain one police force which shall be national in scope and civilian in character  A law enforcement agency under the operational control of DILG and administrative control and operational supervision of the National Police Commission. PNP (RA 6975 sec.27 Statutory Powers of the Police). 1. Enforce all laws and ordinances relatives to the protection of lives and properties; 2. Maintain peace and order and ensure public safety; 3. Make arrest, search and seizures in accordance with Constitution and pertinent laws; 4. Investigate and prevent crimes, effect arrest and assist in prosecution. 5. Detain arrested persons, informing him of his rights under the Constitution and pertinent laws. Define Arrest Arrest refers to the taking of the person into custody in order that he may be bound to answer for the commission of the crime. (Rule 113, Section 1). What is Warrant of Arrest?  Legal process issued by a competent authority, directing the arrest of a person or persons upon grounds stated therein. Methods of Arrest: a. Arrest with warrant- by virtue of a warrant of arrest issued by judge. b. Warrantless Arrest- effected by a peace officer or any private person on the following strengths:  The person has committed is committing or is about to commit an offense.  An offense has been committed and the arresting