CRIMINAL JUSTICE SYSTEM DEFINED

Is the machinery of the state or government which enforces the rules

of conduct necessary to protect life, liberty and property and
maintain peace and order.
The Criminal justice in the Philippines setting consist of five
pillars to wit:

 Law enforcement
 Prosecution
 Courts
 Correction
 Community

Whereas the Criminal justice system in the united states are as follows:

 Law enforcement
 Courts
 Correction

CRIMINAL JUSTICE SYSTEM MODELS

CRIME CONTROL MODEL - Primary consideration is the repression of
criminal conduct
DUE PROCESS MODEL - Primary consideration is to protect the
rights of the accused and basic rights of individuals
What are the nomenclatures given to the person who is being processed
under the Criminal Justice System:

 If during the investigation - Suspect

 If at the Prosecutors office - Respondent
 If at the trial - Accused
 If the judgement has been rendered - Convict
 If the person has served the sentence - Considered Criminal

THE LAW ENFORCEMENT PILLAR

The perception of the police force as a protective and law enforcement
organization evolved from the use of military bodies as guardians of
the peace, The Police are an agency of the state government and
community that is primarily responsible for maintaining public order
preventing and detecting crime.
The Law Enforcement Pillar
Considered to be the initiator of the Criminal Justice System or the
"Prime mover"
What are the Inciting action of the Law Enforcement
1. Effecting the arrest
2. Surveillance
3. Crime investigation

Brief Historical Background of the Philippine Police Force

The police during Spanish period
Carabineros de seguridad publica -organized in 1712 for the purpose of
carrying the regulations 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 provided 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 consisted of a body of Filipino
policemen organized originally in each of the provincial capitals of
the central provinces of Luzon under the Alcalde Mayor
The Police during American Period
Metropolitan Police Force of Manila - was organized pursuant to Act No
70 of the On January 9. 1901 Taft Commission.
ACT NO 175 - entitled "An Act Providing for the
Organization and Government of an Insular Constabulary. enacted on
July 18, 1901
ACT NO 183 - created the Manila Police Department. enacted on July 31.
1901.
CAPT GEORGE CURRY - the first chief of police of the Manila Police
Department in 1901
The Police during American Period
Act No 255 - the act that renamed the Insular Constabulary into
Philippine Constabulary. enacted on October 3. 1901
CAPT HENRY ALLEN - the first chief of the Philippine Constabulary in
1901.
The Police during post American Period
RA 4864 - otherwise known as the Police Professionalization Act of
1966. enacted on September 8. 1966: created the Police Commission
(POLCOM) later POLCOM was renamed into National Police Commission
(NAPOLCOM)
The Police during Martial Law Period
PD 765- otherwise known as the Integration Act of 1975, enacted on
August 8. 1975: established the Integrated National Police (INP)
composed of the Philippine Constabulary (PC) as the nucleus and the
integrated local police forces as components, under the Ministry of
National Defense
The Police After Martial Law Period
(Present Time)

RA 6975-| otherwise known as the Department of the Interior and Local

Government Act of 1990. enacted on December 13. 1990: reorganized the
DILG and established the Philippine National Police. Bureau of Fire
Protection Bureau of Jail Management and Penology and the Philippine
Public Safety College.
RA 8551 - otherwise known as the Philippine National Police Reform and
Reorganization Act of 1998, enacted on February 25. 1998; this law
amended certain provisions of RA 6975
RA 9708 -law amending the provisions of RA 6975 and RA 8551 on the
minimum educational qualification for appointment to the PNP and
adjusting the promotion system approved on 12 August 2009
IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE
POLICING
BRIG GEN RAFAEL CRAME - the first Filipino chief of the Philippine
Constabulary in 1917
COL ANTONIO TORRES- the first Filipino chief of police of the Manila
Police Department in 1935
COL LAMBERTO JAVALERA- the first chief of police of the Manila Police
Department after the Philippine Independence from the United States of
America in 1946
PIDIR GEN CESAR NAZARENO-the first chief of the Philippine National
Police.
POLICE ORGANIZATION, STRUCTURE AND ADMINISTRATION
FUNDAMENTAL THEORIES OF POLICE SERVICE
The Home Rule Theory- Law enforcers or policemen are regarded as
servants of the community, who rely for the efficiency of their
functions upon the express needs of the people.
The Continental Theory- In this concept. policemen are regarded as
state servants of the higher of the authorities.

TWO PREVAILING CONCEPTS OF POLICE SERVICE

The Old Concept- Police service gives the impression of being merely
suppressive machinery.

The Modern Concept - This thought of police as the first line of

defense of the criminal justice system, as an organ of crime
prevention.
PNP NEW RANK CLASSIFICATIONS
 THE PROSECUTION PILLAR

Within the Philippines legal setting prosecution occupies a unique

position in our criminal justice system the prosecutor serves as
LAWYER OF THE GOVERNMENT in CRIMINAL CASES and automatically
considered an officer of the court at the same time a MEMBER OF
DEPARTMENT OF JUSTICE under the executive branch

How is prosecution of criminal cases initiated in the Philippines?

For offenses that require P.I.

Filling the case at the office of the PUBLIC PROSECUTOR in Metro
Manila or Chartered cities or in the Provinces
Who are the persons authorized to conduct preliminary investigation?
1. Provincial or City Prosecutors and their assistants
2. National and regional state prosecutors 3. Other officers as may be
authorized by law; Like,

 Ombudsman
 COMELEC
 Deputized Private Lawyers
For offenses that the penalty does not exceed 1 year imprisonment
They shall undergo the required conciliation proceedings at the
KATARUNGAN PAMBARANGAY

Who is being represented by the public prosecutor in Criminal

prosecution?
The State or the People of the Philippines
PROSECUTORIAL DISCRETION

 FILING OF THE CASE IN THE COURT

 DROP or DISMISS THE CASE
 RECOMMEND REDUCED CHARGES AND BAIL
  Whether or not to enter into PLEA BARGAINING

BAIL - is a security given for the release of the person in custody of

law.
When bail is still a matter of RIGHT?
1. MTC (Before/After conviction)
2. MCTC (Before/After conviction)
3. RTC,(Before conviction) punishable by DEATH, RECLUSION PERPETUA, or
LIFE IMPRISONMENT
When bail becomes discretionary? Once CONVICTED at the RTC of an
offense not by punishable DEATH, RECLUSION PERPETUA, or LIFE
IMPRISONMENT, bail NOW BECOMES DISCRETIONARY
What are the different kinds of bail?

 Property
 Cash
 Corporate surety
 Recognizance
There are three systems of Criminal procedure:
a. The Accusatorial system
b. The inquisitorial system
c. Mixed system

THE PROSECUTION PILLAR -Within the Philippines legal setting,

prosecution occupies a unique position in our criminal justice system.
The prosecutor serves as LAWYER OF THE GOVERNMENT in CRIMINAL CASES
and automatically considered an officer of the court at the same time
a MEMBER OF DEPARTMENT OF JUSTICE under the executive branch.
THE ACCUSATORIAL SYSTEM

 the prosecution of crime is affected either at the initiative of

 the offended party or the public prosecutor
 The accused have the right for a public trial

 The accused have right to be present at every stage of the trial

  The accused have the right to be heard personally or through his
counsel
 In case of conviction the right to appeal is limited to the
defense
THE INQUISITORIAL SYSTEM
Characterized mainly by secrecy of investigation
Denial of the right for confrontation
Denial of the right to counsel Denial of appeal in all cases
In case of conviction or acquittal the decision of the court does
not become final until reviewed by the appellate court

THE MIXED SYSTEM-(Combination of good characteristic of Accusatorial

and Inquisitorial system)

Preliminary investigation is swift and summary in nature

The right to be defended in person or by counsel
The accused have the right for a public trial
The accused have right to be present at every stage of the trial
The accused have the right to be heard personally or through his
counsel
In case of conviction the right to appeal is limited to the
defense
The United States of America advocates the MIXED SYSTEM of Criminal
procedure just like in the Philippines.
THE COMMUNITY PILLAR -The community is understood to mean as
"essentials" that are mobilized and energized to help the authorities
effectively addressing the law and order concerned of the citizenry.
What is the role of the community in relation to LAW ENFORCEMENT?
1. Identifying offenders
2. Reporting crime to the Law enforcement
3. Volunteering as witness

PRIVATE ARREST OR CITIZEN'S ARREST -Private arrest or citizen's arrest

is a shared POLICE DUTY of a COMMUNITY
"The police are the public; the public are the police"

By Sir Robert Peel "the Father of modern policing"

As a GENERAL RULE, arrest cannot be made without warrant issued by the

court. However, arrest may be affected WITH or WITHOUT a warrant on
the following circumstances:
When his presence, the person to be arrested has COMMITTED, is
actually COMMITTING, or ATTENTING or ABOUT TO COMMIT a crime.
When the offense has just been committed and he has PROBABLE
CAUSE to believed based on PERSONAL KNOWLEDGE of FACTS or
CIRCUMSTANCES that the person to be arrested has committed it.
While the person to be arrested is a SINGER 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.

Define Arrest - Is the taking of the person in custody for which he or

she may bound to answer of an offense
Under Section 2, Rule 113 – Arrest is made by ACTUAL RESTRAINT of a
person to be arrested, or by his SUBMISSION TO THE CUSTODY of a person
making the arrest.
MAIN DIFFERENCES BETWEEN THE SYSTEMS OF THE CRIMINAL JUSTICE IN THE
PHILIPPINES AND THAT OF UNITED STATES ARE SUMMARIZED AS FOLLOWS

Philippines -Has five pillars of justice

United States-Has only three pillars

Philippines - Police force is centralized adhering to the continental

theory
United States- Police force is decentralized adhering to the home rule
theory

Philippines - The power to hear and decide cases lie to the judge
United States - The judge acts only as an arbiter the power to decide
cases lies on the jury

Philippines - The Philippines has abolished the death penalty by

virtue of R.A. 9346
United states - Death as a form of punishment is still practiced.