The criminal justice system, essentially, is 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.
Prior to the advent of American sovereignty in the country, we had the Spanish law on
criminal procedure. The Royal Decree of September 4, 1884, by virtue of which the Penal Code
in force in the archipelago, as amended in accordance with the recommendations of the Code
Committee, and its accompanying law— the Provisional Law on Criminal Procedure—were
published and applied in the Philippines pursuant to the Royal Decree of December 17, 1884. It
became effective four months after its publication in the Gaceta de Manila. In addition, the
compilation of the Laws of Criminal Procedure of 1879 and the Law of Criminal Procedure of
1882 also formed part of our law on the subject.
During the American occupation, General Otis issued General Orders No. 58 on April 23,
1990, which was amended at various times. Some of the amendments were: Act No. 194, providing
for preliminary investigations; Act No. 440, relating to counsels de officio; Act No. 590, providing
for preliminary investigations by Justices of the Peace of provincial capitals; Act No. 2677,
prescribing the procedure of appeals of cases originating in the Justice of the Peace Courts to the
Supreme Court; Act No. 2709, regarding the exclusion of an accused to be utilized as a government
witness; and Act No. 2886, changing the name of the party who should prosecute the criminal
action from that of “The United States” to “The People of the Philippines.”

Several law enforcement ideologies have been observed to shape the nature of the criminal
justice system in society. Political and social theories are the root of the entire criminal processes.
For instance, political theory has dictated how different states are governed. The attributes of
liberty and justice have emerged to safeguard the needs of the greatest majority. It is agreeable that
the connections among criminal processes, political culture and social theology are necessary
whenever planning to address the emerging ethical issues on law enforcement system.1
Every state has had a constitution of some kind whether it be an elaborate document or just
a collection of rules. It is inconceivable how a state could exist or survive without a constitution
of some form. The founder of the system of government of the Philippines is the constitution.
The Philippine criminal justice system is composed of five parts or pillars, namely, law
enforcement, prosecution, judiciary, penology, and the community)

1. Recall the institutional approaches, summary of CJS as well as the Philippine

Constitution.
2. Differentiate each of the important terminologies given and used.
3. Explain the similarities and differences of criminal justice systems used in different
countries.
4. Recognize the significance of international perspective of criminal justice.

1
Malmin 2015, “Ethics and character in Law Enforcement, Interview: Case Study”
A. Institutional Approaches on Criminal Justice System

Criminal Justice System can be approached in numerous ways. The purpose of this topic
is to offer the student some basic orientation towards this discipline and to generate
consciousness re: extensive range of the subject matter.

1. Historical Approach

This approach reveals the origin of current legal thinking and exemplifies the collective
outcome of the account on modern-day Criminal justice System. The advancement of
the legal institutions was seen to be closely comparable to the mainstream of justice
relative to world history, as well as the codes of laws of great empires. For example, an
early Code of Hammurabi of Babylon, contained the elements of lex talionis (“an eye
for an eye”).

2. Legalistic Approach

This type of approach is patterned on legal premise having a source from the
constitution, legislative enactment, criminal codes, court judgements, and the
governmental policies regulating the criminal justice department.

3. Theoretical Approach

This approach is theoretical. An outline of legal principle that legislators believe to be

appropriate is what it simply offers. In real-world undertakings, it does not embrace
each probable application of the law.

4. Socio-Behavioural Approach

This approach illustrates the contribution of psychology and the social sciences to
criminal justice.
With respect to underlying mental and environmental issues, this approach focuses on
criminality as a form of conduct that ought to be assessed.
The proponents of this approach argue that it should be evaluated on how successfully
it changes undesirable behaviour into socially acceptable conduct. Legalistic elements
are only important if these elements further remain the behavioural ideals.

5. Operational Reality Approach

This approach wants to find out as to what in reality came about in practice and how
the of justice truly works.
Examples:
How do the police officers on the streets apply the law?
In what cases does the prosecutor exercise his discretion not to prosecute?
Often using participant-observers, this approach seeks response to inquiries such as
who, what, when, where and how, and documents the ongoing undertakings of the
agencies under the criminal justice.
 6. Organizational Approach

This approach looks at the criminal justice procedure or its distinctive mechanisms and
evaluates them in consideration with the governmental standards. Assessment of
functions, duties, and the affiliations of the employees and agencies by the use of
various organizational models and management theories is a good example.
This approach was proven by the renowned systems approach, which oversees the
affairs of the mechanisms contained by the overall system and recommends how the
perfect system shall work.
Since the approach emphasizes only relationships between criminal justice components,
it should be noted that this approach is essentially a “close system” approach.

7. World Order Approach

This approach adopt holistic views based on religious, economic, and socio-cultural
concepts of the world.
For that reason, this approach is organic, with criminal justice being viewed as one of
the countless features reliant on the entire set of social, economic, or religious ideals.
The so-called “Radical or Marxist School of Criminology,” for example, has a set of
economic principles at its foundation, whereas religious precepts form the basis of the
Muslim approach to justice, since a researcher adopting a particular world order
approach will consider facts only in the context of established preconceptions.

8. Reform Approach

This approach candidly stressed out the necessity to improve the criminal justice
system. This approach became progressively well-known subsequent to the escalation
of humanitarian movement in the 19th century. Essentially, this attempts to pinpoint
those components of criminal justice that are inhuman or unjust and reform them.

B. The Six (6) Concepts of Justice

1. Crime Control Model

This particular model asserts that protecting society and caring for the victims of crime
is the first priority of the criminal justice system, which contrasts how they see the
criminal justice system working now. The crime control model criticizes modern law
enforcement and criminal justice systems, stating that they place more emphasis on
creating comfortable environments than on increasing police man power, legal
ramifications for crime, and creating more efficient victim care programs.
Furthermore, Siegel notes that crime control model advocates believe that the legal
system often interferes with the law enforcement side of criminal justice, thus
decreasing its efficiency. As a solution, supporters of this model propose placing more
power in the hands of the police, allowing for harsher and/or stricter punishments for
offenders, reducing the power of the legal system over criminal justice, and building
more prisons to house each and every criminal instead of using the lack of prisons as an
excuse for a lesser punishment.
Crime control also seeks to deter crime from occurring through the threat of tougher
punishments like the death penalty. Several states took on crime control model policies
and altered juvenile crime laws that make it easier for juvenile offenders to be tried as
adults. Furthermore, sex offender watches and registration, stricter requirements for a
 successful insanity plea, and increased societal watch, are all examples of crime control
methods to deter first time and repeat offenders.

2. Justice Model

This model criticizes crime control for their notions of deterrence. It claims that it is
unjust to apprehend individuals based on assumptions of the future, or on the
assumption that their punishment will deter other like-minded individuals from
committing crime.2
Justice model criticizes rehabilitation of offenders claiming that it too only serves the
purposes of injustice and unfairness since only a select number of offenders are eligible
and receptive to rehabilitation efforts. Because only a select few can receive
rehabilitation, then the same offenses are being treated differently by the criminal
justice system, thus breeding injustice within the system. 3 This idea of justice and
injustice also relates to the justice model’s idea of non-discrimination, meaning that
such things as racial profiling, commonly used today, is unacceptable and in essence a
crime itself.
In response to the aforementioned complaints, the justice model seeks to set consistent
consequences for crime, meaning that all vehicle theft would receive the same sentence,
instead of one person getting two years and another getting six months and
rehabilitation. Sentences would be the same across the board in order to create total
equality in the justice system. Additionally, advocates claim that parole should be
abolished, as it is based on discretion, and as such is innately unfair.4
States adopting justice model policies often opt for parole limitations, sentencing
guidelines by which the criminal justice and legal systems must follow, and prison
sentences as punishment rather than a method of rehabilitation.

3. Due Process Model

The primary consideration of this model is to protect the rights of the accused, the
individual freedoms and the general consideration of liberty, the basic right of an
individual. However, this may be resulted to delay in the administration of justice.
This model is one of the strongest contrasting views to the crime control model, it
asserts the priority of protecting the civil rights of the criminals; believes in
rehabilitation, individualized justice, use of discretion; and emphasizes procedural
fairness. These ideals in turn call for stricter regulations on police and other law
enforcement agencies, including scrutiny on police procedures, strictly following
sentencing procedure, and developing and adhering to a set of prisoner’s rights in order
to ensure fair treatment.5
In essence, due process model supporters work for the good of civil rights and equality,
and are most often concerned with keeping the law enforcement system in check, or
within strict guidelines.
Specific areas of interest are sex offender registries, use of technology to check up on
citizens, wiretapping, search and seizure, identification systems, fingerprinting, etc;

2
ibid
3
ibid
4
ibid
5
ibid
 because they believe each and every one of these somehow violates personal rights and
civil liberties while doing very little to combat or deter crime.6

4. Rehabilitation Model

Rehabilitation model advocates argue that criminals are the product of a society that
has failed them. As such, punishment will do nothing to help them, and after release
they will only fall into a life of crime again.
In order to break this vicious cycle, this particular viewpoint argues for programs that
empower people, counsel them, and teach them to be law-abiding, self-sufficient
citizens.7

5. Non-Intervention Model

The non-intervention model takes a rather hands-off stance to crime and interaction
between criminal and the law enforcement system. Instead of the criminal justice
system seeking to put people into correctional institutions, they seek to pull people from
them and place them in community based facilities and treatments. Furthermore, they
seek to legalize lesser offenses, such as possession of small amounts of marijuana.8
Supporters of the non-intervention model assert that the labels forced on offenders also
force a stigma on them that limits their post-prison success. These labels are said to
hinder not only the community, but also weigh on the self-esteem of the labelled
individual. According to Siegel (2006), a counter to this problem is having “Police,
courts, and correctional agencies” concentrate “their efforts on diverting law violators
out of the formal justice systems, thereby them to avoid the stigma of formal labels”.

6. Restorative Justice Model

This model is based on the belief that the criminal justice system is in place in order to
maintain peace and order throughout the country. Thus, instead of placing emphasis on
punishment for a crime, they place emphasis on the peace-making process.9
This model holds that violent acts of punishment by the state are similar to the violent
acts which they are supposed to be advocating against, and as such should not be
encouraged.
Instead, more humane and encouraging punishments should be used, such as probation,
rehabilitation, treatment, etc.10
Essentially, the restorative justice model seeks to repair a damaged society without
creating more damage by peacefully resolving conflict, treating crime instead of
violently punishing it, and by bringing the community together instead of splitting it
apart.

6
ibid
7
ibid
8
9
ibid
10
ibid
SUMMARY OF THE PCJS

A. Three (3) Components of Criminal Justice System (CJS)

Our CJS is derived from American Criminal Justice System context which initially
comprises of three (3) components namely:
1. Police/Law Enforcement
2. Courts; and
3. Corrections.
The police or law enforcer will initiate criminal justice process by conducting criminal
apprehension or arrest. The courts will conduct the judicial proceedings for the
determination of guilt or innocence of the person arrested. And upon conviction, the
convict is remanded to correctional institution for rehabilitation.

B. FIVE (5) PILLARS of Philippine Criminal Justice System (PCJS):

In this jurisdiction, we have five (5) components which most commonly known as the
Five Pillars of the Philippine Criminal Justice System namely:

1. Police/Law Enforcement;11

In layman’s viewpoint, any person who commits a crime is basically a criminal.

However, in the viewpoint of Criminal Justice System, the following are the
terms used in every stage or level of the justice system:

Persons in interest – if there are several suspicious persons

Suspect – when there is one suspected person left
Prosecution – Respondent
Court – Accused
Correction – Persons deprived of Liberty
Community - Ex-convict/Balikbayan

11
Fanchette Monique I. Abalde, Introduction to Philippine Criminal Justice System, First Editition, Rex Book Store
 Example/Illustration:

John Doe was killed. Witnesses said they saw Max, Manny, Rica, and Rose
(Persons of Interest) at or about the same time of the killing of John Doe. Later
on upon investigation, evidence pointed Max (suspect) as the one who
perpetrated the crime. The aggrieve party filed a complaint against Max
(respondent). Then the case reached the court, where Max (accused) was
arraigned and the trial began. Max (convicted) was found guilty beyond
reasonable doubt. He served his sentence in Davao Penal Colony (person
derived of Liberty) and he (Balik-bayan) was released after serving sentence.

This pillar involves different law enforcement agencies under the Executive
branch of the government such as Philippine National Police (PNP), National
Breau of Investigation (NBI) , the Philippine Drug Enforcement Agency
(DFA), the Bureau of Customs, Bureau of Immigration, and the Philippine
Coast Guard, to name a few. These agencies are under the Executive branch of
the government, but the most common law enforcement agency in this pillar is
Philippine National Police. He latter responds to any violation of the peace ad
safety in the community. PNP shall take the lead in the investigation and
gathering of evidence and information to use as evidence in court proceedings.
They shall assist in the prosecution of the offender.

2. Prosecution;12

This pillar is composed of public prosecutors tasked to evaluate the

evidence the police have gathered and decide whether it is sufficient to warrant
the filing of the charges against the alleged violator.
When the aggrieved party filed a complaint in the prosecution, and when
the crime warrants preliminary investigation, the public prosecutor shall
conduct the investigation for the purpose of finding probable cause. If the latter
believed that the crime had been committed, he shall then file information to
the court. This pillar is also under the Executive branch of the government.

3. Courts13

This is the third pillar. This is under the judiciary branch of the government.
The court shall have the power to hear and try the cases before it. The judge
upon receipt of complaint or information, shall conduct investigation to
determine probable cause for the issuance of warrant of arrest (Sec. 2, Article
III, 1987 PHIL. Constitution)

4. Correction

This is the fourth pillar which will cater convicted felons. It is responsible for
the safekeeping and of Corrections of criminals. This pillar shall assure that
upon the release of the inmate, he is already reformed and ready to be integrated
in the community. Under this pillar, institutions that will provide services for
convicted persons are categorized generally based on the penalty. Inmate with
three (3) years and one (1) day or more will be placed in prison and the three
(3) in prison and the three (3) years and less in jail (RA 20575 and BJMP
Manual, respectively). Prisons or national penitentiaries are under the Bureau
of Corrections which is under the Department of Justice. Jails are under the
Bureau of Jail Management and Penology, Department of Interior and Local
Government

12
ibid
13
ibid
 5. Community

This is the last pillar the purpose of which is fundamentally geared toward the
support to the program of the Corrections. When the ex-convict is reintegrated
to the community, it is understood that he has been wholly reformed and he is
ready to engage himself again. Thus, the community should accept and assist
the reformed individual to the new life.

In comparison, we can easily notice that our system is composed of five (5)
against only three (3) from the American System. Our system adds another two
(2) components, the prosecution and the community.

C. Illustration as to the Application of Different Pillars:14

Same with the American System, our justice system starts from the moment the police
or law enforcer apprehend a person suspected for the commission of crime. For this
reason the police/law enforcer is considered as the initiator or prime mover of the
system. It is worth to understand that without the allege commission of a crime and
subsequent apprehension of person who is the suspect for committing the same, the
criminal justice system cannot be considered validly commence. The arrest of the
suspect may be with a warrant of arrest duly issued by a judge or by warrantless arrest.15

The prosecutor formerly known as fiscal will conduct Preliminary Investigation for the
determination of probable cause that may warrant trial before a judicial court.16
However, if the person arrested was apprehended without warrant under Section 5 of
Rule 113, an Inquest Proceeding under Section 7 Rule 112 must be observed.

Whenever the investigating prosecutor finds probable cause to warrant trial, he will
prepare information to be filed with the court having jurisdiction over the case. The
prosecutor now will act as the lawyer of the government against accused.
The court having the jurisdiction of the case will schedule the arraignment for the
accused to enter his plea. However, the accused may file a motion to quash complaint
or information under Rule 117, Section 1 of the Revised Rules of Court at any time
before entering his plea on any grounds under Section 3 of the same Rule.

If the motion to quash is based on an alleged defect in the complaint of information

which can be cured by amendment, the court shall order that an amendment be made.
However, if it based on the ground that the facts charged do not constitute an offense,
the prosecution shall be given by the court an opportunity to correct the defect by
amendment. The motion shall be granted if the prosecution fails to make the amendment,
or the complaint or information still suffers from the same despite the amendment.17

Upon arraignment ad plea of the accused, a mandatory Pre-trial conference under Rule
118 will commence to take up the following matters:

a. Plea bargaining;
b. Stipulation of facts;
c. Marking for identification of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Modification of the order of trial if the accused admits the charge but interpose
a lawful defense; and

14
Franchette Monique I. Abalde, Introduction to Philippine Criminal Justice System, First Edition, Rex Book Store
15
Rule 113, Revised Rules of Court
16
Section 1, Rule 112, Revised Rules of Court
17
Section 4, Rule 117, Revised Rules of Court
 f. Such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case.

After the pre-trial, the court issues an order reciting what has been taken, and
thereafter the trial on the merits will proceed18 on the matters not dispose of during
the pre-trial.

Upon trial on the merits, adjudication by the court that the accused is guilty or not
guilty of the offense charged and the imposition of the proper penalty and civil
liability, if any. It must be written in an official language, personally and directly
prepared by the judge and signed by him and shall contain clearly and distinctly a
statement of the facts and the law upon which the judgement is based.19

If the accused is convicted by the trial court, he may or may not file an appeal to
the next higher court exercising appellate jurisdiction.

Correction will now come into place after judgement of conviction. Correction or
rehabilitation is divided into two (2) approaches:

1. Institutional Correction; and

2. Non-Institutional Correction

When the accused is sentenced to serve not more than six (6) years of
imprisonment, he may be file an application for Probation with the same court that
rendered conviction against him under Presidential Decree 968. The same court
will determine whether he is qualified under the provisions of the same PD. The
court will consider the post sentence investigation before the approval or
disapproval of the same application. If the application is approve, the convict will
be placed under the supervision of the probation officer.

The President of the Philippines may also intervene in the exercise of his power of
executive clemency by granting either Absolute or Conditional Pardon to the
convict. (1987 Constitution)

Another community-based correction program maybe availed by the convict

known as Parole. However, under this program the convict needs to serve at least
the minimum of his indeterminate sentence in prison before he may be qualified
under this program.

If the convict does not qualify for Non-institutional Corrections, he will serve his
sentence in a Correctional Institution. There are two (2) bureaus handling
institutional corrections, the Bureau of Correction (BuCor) and the Bureau of Jail
Management and Penology (BJMP).

Those convicted of not more than three (3) years of imprisonment will be place in
jail under the BJMP and those sentenced exceed three (3) years will be rehabilitated
in a correctional institution under the BuCor.

After the service of the sentence, either under institutional or non-institutional

corrections, it is presumed that the convict is already reformed and fit to be released
to the community as abiding citizen.

18
Rule 119, Revised Rules of Court
19
Section 1, Rule 120, Rules of Court.
 D. Purposes of Criminal Justice System

1. Classification of the Philippine Criminal Justice System:

a. Primary Goals
a. 1 Protection of the members of society
a. 2 Maintenance of peace and order

b. Secondary or Sub-goals
b. 1 Crime prevention
b. 2 Suppression of criminal conducts by apprehending the offenders for whom
prevention is ineffective
b. 3 Review of the legality of preventive and suppressive measures
b. 4 Judicial determination of guilt or innocence of those arrested and/or under
trial
b. 5 Legal and proper disposition of those found guilty
b. 6 Correction and rehabilitation of those persons who violates criminal laws.

E. TERMS USED:

Complaint - It is a sworn written statement charging a person with an offense

subscribed by an offended party and filed to any peace officer or public officer
in-charged with the enforcement of the law. 20

Information – is an accusation in writing charging a person with an offense

subscribed by the fiscal and filed with the court. 21
Preliminary Investigation – is an inquiry or proceeding for the purpose of
determining whether there is sufficient ground to endanger a well-founded belief
that a crime cognizable by the Regional Trial Court has been committed and that
the respondent is probably guilty thereof, and should be held in trial.

Probable Cause – a well-founded belief that to answer for the commission of an

offense a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial. 22

Arrest – is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense. 23

Warrant of Arrest – a written order issued and signed by a magistrate, directed

to a peace officer or some other person specially named, and commanding him
to arrest the body of a person named in it who is accused of an offense. (Black’s
Law Dictionary)

Search Warrant – is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal properties described therein and bring it before the court.
(Sec. 1, Rule 126 of the Revised Rules on Criminal Procedure)

20
Sec. 3, Rule 110, Revised Rules on Criminal Procedure
21
Sec. 4, Rule 110, Revised Rules on Criminal Procedure
22
Sec. I, Rule 112, Revised Rules on Criminal Procedure
23
Sec. 1, Rule 113, Rules of Court of Criminal Procedure
The CJS and the Philippine Constitution

A. Criminal Justice System and its nature

- CJS is a tool or machinery used by the society to prevent, control and suppress the
commission of the crime and provide and maintain justice. This is the major adjudication
process of persons accused of the commission of the crime. This type of justice is by nature
a retributive one. It takes to punish persons who violated the laws in the form of sentencing.
This type of justice takes to penalize offenders because of the wrong act they have done.
In case of crime committed. The state takes to represent offended party in the litigation to
punish offenders. However, though the purpose is to punish the wrongful act done, the end
point of tis justice system is to inform and correct offenders. 24
- CJS is a social institution and a system. retributive
- As a social institution, the system attempts to meet society’s needs for law and order.
- As a system, CJS depends on due process involving the five pillars:
1. police;
2. prosecution;
3. court;
4. correction; and
5. the community
- CJS is a process which the government follows when someone violates criminal law.
- CJS likewise defined as the machinery of the state or government, which enforces the rules
of conduct necessary to protect life and property and maintain peace and order.
- Is define as the machinery established by the government to deal with the problem of crime
and criminality. It takes the orderly progression of events from the time a person is arrested
or taken out to the community, investigated, prosecuted, sentenced, punished and
eventually returned to the community.
- In broad term, CJS creates the laws governing social behavior, attempts to prevent violation
of the laws, and apprehends, judges and punishes those who violate the law.

B. Attributes of PCJS

The characteristics of CJS of the Philippines are the following:

1.Spanish and Anglo American Law;

2.Common Law Principle in not adhered to;
3.Criminal laws are general, territorial and prospective in application; and
4.Litigation is adversarial in nature.

C. Philippine Constitution 25

1. Constitution defined:
In its broad sense, the term constitution refers to the “body of rules and principles in
accordance with which the powers of sovereignty is regularly exercised.”
2. Etymology:
Latin word “CONSTITUO” which means “fixed”, “established”, or “settled”
“Constitution is a written instrument (document) by which the fundamental power
of government are established, limited, and defined, and by which these powers are

24
Franchette Monique I. Abalde, Introduction to Philippine Criminal Justice System, First Edition, Rex Book Store
25
https://www.slideshare.net/princekurt11/philippine-constitution-15452864
 distributed among several departments for their safe and useful exercise for the
benefit of the body politic.” – Justice Miller, US Supreme Court

D. Nature and Purposes

1. Serves as the supreme or fundamental law.

a) It is the Character creating the Government.
b) It is binding to all other laws must conform.
c) It is the test of the legality of all governmental actions.
2. Establishes the basic framework and underlying principles of government.
a) Prescribes the permanent framework of the system of government, and assigns
to the different department or branches, their respective powers and duties.
(Art.I)
b) To establish certain basic principles on which the government is founded.
(Preamble, Art.I)
c) Designed to preserve and protect the fights of the citizen against the Powers of
the State. (Art.III)

E. Constitutional Law

o It is defined as the branch of public law which deals with constitution: their
nature, formation, amendment, and interpretation.

o It is also the law embodied in the Constitution as well as the principles growing
out of the interpretation and application made by the courts, specifically the
Supreme Court.

F. Typology of Constitution

Constitution may be classified as following:

1) As to origin and history:

a) Conventional or enacted – one which is enacted by a constituent assembly or
granted by a monarch to his subjects (e.g. Constitution of Japan)
b) Cumulative of evolved – one which is a product of a long period of
development originating in customs, traditions, judicial decisions etc, rather
than from deliberate and formal enactment. (e.g. English Constitution)

2) As to form:
a) Whitten Constitution – one which has been given definite form at a particular
time, usually by a specially constituted authority called a “constitutional
convention” or “constitutional commission”.
b) Unwritten Constitution – one which is entirely a product of political evolution,
consisting largely of a mass of customs, usages, and judicial decisions.

3) As to manner of amending them:

a) Rigid or inelastic – one regarded as a document of special sanctity, which
cannot be amended or altered except by some special machinery other than
ordinary legislative process.
b) Flexible or elastic – one which possesses no higher legal authority than ordinary
laws and which may be altered in the same way as other laws.

“The 1987 Philippine Constitution is thus a conventional/enacted, written, and

rigid/inelastic constitution.”
G. Pros and Cons of a written constitution

o It has the advantage of clearness and definiteness over an unwritten one. Since
the written constitution is a binding document, the rights of the citizen is more
secured.
o Its disadvantage lies in the difficulty of its amendment. This prevents the
immediate introduction of needed reforms and may thereby retard the healthy
growth and progress of the State.
H. Requisites of a good written constitution

 BRIEF: because if a constitution is too detailed, it would lose the advantage of a

fundamental law. It would never be understood by the public.

 BROAD: because a statement of the powers and functions of government, and of

the relations between the government body and the governed, requires that it be as
comprehensive as possible.

 DEFINITE: because otherwise the application of its provision to concrete

situations may prove unduly difficult if not impossible.

I. Constitution of the Republic of the Philippines

1. The 1935 Constitution

Ratified on May 14, 1935

Features:

a) Established the commonwealth Government.

b) Provided a Democratic and Republican government
c) Inclusion of the Bill of Rights

2. The 1973 Constitution

Ratified on January 17, 1973

Features:

a) Establishment of a modified parliamentary government.

b) Suspension of the Bill of Rights.
c) Has given greater power to the Executive Department.

3. The 1987 Constitution

Ratified on February 2, 1987

Features:
a) Reinstitution of a Democratic Government.
b) Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the military.
f) Separation of Powers

Preamble

o From Latin “preambulare” which means “to walk before”.

 o It is an introduction to the main subject.
o It is the prologue of the Constitution.

Preamble: Purpose and Value

1. Set down the origin and purposes of the constitution.

2. May serve as an aid in its interpretation.

Note: The preamble has no legal implications.

Preamble

We, the sovereign Filipino people, imploring the aid of almighty God, in order
to build a just and humane society, and establish a Government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity, the blessings of independence
and our posterity, the blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
Article I: National Territory

The national territory composes the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.

Article II: Declaration of Principles and State Policies

PRINCIPLES
 Section 1. The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.
 Section 2. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the law
of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
 Section 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and the integrity of the national
territory.
 Section 4. The prime duty of the Government is to serve and protect the people.
The Government may call upon the people to defend the State and, in the
fulfilment thereof, all citizens may be required, under conditions provided by
law to render personal, military or civil service.
 Section 5. The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
 Section 6. The separation of Church and State shall be inviolable.
 STATE POLICIES

 Section 7. The State shall pursue an independent foreign policy. In its relations
with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.
 Section 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
 Section 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from conception.
The natural and primary rights and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character shall receive the
support of the Government.
 Section 13. The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
 Section 14. The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
 Section 25. The State shall ensure the autonomy of local governments.
(See Art. X)

Criminology and Criminal Justice

Difference between Criminology and Criminal Justice

Criminology Criminal Justice
 Criminology tends to focus  Criminal Justice tends to focus on the
on the determination and legal process on how to deal with
development of principles, criminal offender.
concepts, and theories of
crime causation.
 Criminology explains the  Criminal Justice studies the agencies
etiology, extent and nature of Social control that handles criminal
of crime in the society. offenders.
 Criminology tends to focus  Criminal justice tends to focus on the
on research. application, public law, public policy,
and decision making, and career
development.
 Criminologist are concerned  Criminal Justice Professionals are
with identifying the nature, engage in describing, analyzing, and
extent and cause of crime. explaining the operations of agencies
of justice (the five components of
CJS). They seek more effective
methods of crime control and
offender rehabilitation.
 Both criminology and criminal justice are eclectic disciplines that borrow
researches and theories from other related disciplines. Some of the earliest
criminologists were medical doctors and psychiatrists, while many
influential criminologists of the 20th century were sociologists.
Criminal Justice and Criminal Justice System

Difference between Criminal Justice and Criminal Justice System

Criminal Justice
 Refers to the procedure
by which criminal act is
investigated, arrest
made, evidence, charges
brought, defenses raised,
trials conducted,
sentences rendered, and
punishment carried out.
Criminal Justice System
 Refer to a collection of national and local
public agencies that deal with the
problem on crimes or concerned with the
prevention, control, and reduction of
crime and delinquency. It is a collective
effort observed in the different agencies
or departments operating together under
the rule of law and as the principal means
of maintaining the rule of law within the
society.

Adult Criminal Justice and Juvenile Justice

Like other countries, the Philippines have separate processes for adults and juveniles.
Persons below the age of 18 who committed a crime is process under Republic Act No. 9344 or
the Juvenile Justice and Welfare Act of 2006. Person in the age of 18 and above must prosecute in
accordance with the Revised Rules of Court promulgated by the Supreme Court in the exercise of
its Rule making power under the Constitution.
The juvenile justice gives more emphasis to the importance of rehabilitation and adherence
to restorative justice rather than punishment and retribution.
The juvenile justice system has specialized court, the family court, which is a Regional
Trial Court designated by the Supreme Court to handle family related cases including juvenile
cases. There is no separate police for juveniles, but there is a different approach towards them. The
juvenile will not be subjected to arrest but a different approach in taking a child into police custody
such as a procedure for initial contact with the child.
The Women and Children’s Protection Desk (WCPD) officer will be the one who will
investigate the Child in Conflict with the Law (CICL) cases for proper disposition under the laws
and procedure.

Adult Criminal Justice Juvenile Justice

Subject of Depending upon which level of the Always refer to as Child in Conflict
the Process system such as suspect, respondent, with the law (CICL)
accused, convict, inmate, probationer
and other

Law/Rules Particular Penal law violated such as RA 9344 as amended; Rules on

applied RPC; Revised Rules of Court Juvenile in Conflict with the Law

Trial Court Regular Courts Family Court

State Exercise of Police Power Parens Patriae; Best interest of the

policy child

Both adheres to the principle of restorative justice

Comparative Criminal Justice System

The question may be asked, why we need to have comparative study of criminal justice
systems of other states. The comparative study of criminal justice systems offers the possibility
of gaining new insights and new solutions. Different nations adopted different system of justice.

o United States for example, has only three (3) pillars of justice system and adopted a jury
system.
o In Japan, instead of jury system, cases are heard by three (3) judges.
o In France, jurors and judges collaborate to determine the guilt of the defendant, and both
judge and juror vote on a verdict.
The study of such criminal justice system worldwide offers a great opportunity for us to
consider the adoption of different policies, rules and procedures which can be applicable in our
local setting.
In addition, many of our countrymen are in other countries to work as overseas contract
workers. Possibilities are high that they may encounter the criminal justice system of that particular
country is a must for our government to extend its assistance to its assistance to its own citizen.

Criminal Justice in International Perspective

Each state has its own criminal justice system, but it is obvious that there must be some
means by which countries may collaborate in the prosecuting of offenders. Certain offenses and
offenders threaten more than community safety within their country. Also, in today’s highly
mobile environment, the offender may commit offenses in several countries or may commit an
offense in one country and escape to another. There is no international criminal justice system, but
there are four (4) primary cooperative efforts among nations to deal with the problem of
international crime: the United Nations (UN), International Court of justice (ICJ) which is likewise
under the United Nations, International Criminal Police Organization (INTERPOL), and the
International Criminal Court (ICC).

A. United Nations (UN)

o The UN officially came into existence on 24 October 1945, after ratification of
the United Nations Charter by the five permanent members of the United Nations
Security Council (the Republic of China, France, the Soviet Union, the United
Kingdom, and the United States) and a majority of the other signatories.
o 51 original members (or founding members) joined that year (1945)

50 of them signed the Charter at the United Nations Conference on International

Organization in San Francisco on 26 June 1945, while Poland, which was not
represented at the conference, signed it on 15 October 1945.
a) It is an intergovernmental organization that aims to maintain international
peace and security, develop friendly relations among nations, achieve
international cooperation, and be a center for harmonizing the actions of
nations.
b) It is the largest, most familiar, most internationally represented and most
powerful intergovernmental organization in the world.
c) The UN is headquartered on international territory in New York City; other
main offices are in Geneva, Nairobi, Vienna and The Hague.
d) The UN is involved in numerous international missions, including criminal
justice, but does not have legitimate authority within the borders of a nation
 without the invitation and cooperation of the host nation. The criminal justice
mission of the UN involves four (4) primary goals to wit:
1.To conduct surveys to gather data about international and comparative
crime.
2.To provide peacekeeping efforts.
3.To promote crime prevention.
4. The UN seeks to promote a common standard of justice and fair treatment
of defendants and convicted persons.

The original members of the United Nations26

The Republic France the Soviet The United the United

of China Union Kingdom States
(these first five forming the Security Council)
Argentina Australia Belgium Bolivia Brazil
Byelorussia Canada Chile Colombia Costa Rica
Cuba Czechoslovakia Denmark the Dominican Ecuador
Republic
Egypt El Salvador Ethiopia Greece Guatemala
Haiti Honduras India Iran Iraq
Lebanon Liberia Luxembourg Mexico the Netherlands
New Zealand Nicaragua Norway Panama Paraguay
Peru Philippines Poland Saudi Arabia South Africa
Syria Turkey Ukraine Uruguay Venezuela
Yugoslavia
** Note: Presently, United Nations have 193 nations under its membership. And Philippines
became a member of UN on October 24, 1945

B. International Court of Justice(ICJ)

o Commonly referred to as the World Court, and it is the primary judicial organ of the
United Nations which is based in the Peace Palace in The Hague, Netherlands.

o Its main functions are to settle legal disputes between member states and to provide
advisory opinion on legal questions submitted to it by duly authorized international
organs, agencies, and the UN General Assembly.

o It comprises a panel of 15 judges elected by the General Assembly and Security

Council for nine-year terms

o Was established in 1945 and founded on June 26 of the same year by the UN Charter,
and began to function in 1946 as the successor to the Permanent Court of International
Justice.

26
Introduction to Philippine Criminal Justice System
Compiled by: MRS. MILEOUDA C. FORTOS, MS CRIM
Current composition of ICJ
As of 22 June 2018, the composition of the court is as follows: 27
Name Nationality Position Term Term
began ends
Abdulqawi Yusuf Somalia Presidenta 2009 2027
Xue Hanqin China Vice- 2010 2021
Presidenta
Judge Peter Tomka Slovakia Member 2003 2021
Judge Ronny Abraham France Member 2005 2027
Judge Mohamed Bennouna Morocco Member 2006 2024
Judge Antônio Augusto Cançado Brazil Member 2009 2027
Trindade
Judge Joan Donoghue United Member 2010 2024
States
Judge Giorgio Gaja Italy Member 2012 2021
Judge Julia Sebutinde Uganda Member 2012 2021
Judge Dalveer Bhandari India Member 2012 2027
Judge Patrick Lipton Robinson Jamaica Member 2015 2024
Judge James Crawford Australia Member 2015 2024
Judge Kirill Gevorgian Russia Member 2015 2024
Judge Nawaf Salam Lebanon Member 2018 2027
Judge Yuji Iwasawa Japan Member 2018 2021
Judge Philippe Gautier Belgium Registrar 2019 2026

C. International Criminal Police Organization (INTERPOL)

o It is an international organization that facilitates worldwide police cooperation and
crime control.
o Headquartered in Lyon, France, it was founded in 1923 as the International Criminal
Police Commission (ICPC);
o The name INTERPOL served as the agency's telegraphic address in 1946, and was
chosen as its common name in 1956.
o It provides investigative support, expertise, and training to law enforcement
worldwide in battling three major areas of transnational crime:
a) Terrorism
b) Cybercrime
c) Organized crime
o Its broad mandate covers virtually every kind of crime, including crimes against
humanity, child pornography, drug trafficking and production, political
corruption, copyright infringement, and white-collar crime.
o The agency also helps coordinate cooperation among the world's law enforcement
institutions through criminal databases and communications networks.
o June 1956- Philippines was accepted as a member of INTERPOL
o Johann Schober (of Austria)—First President of INTERPOL – (1923-1932)
o Jolly Bugarin (Philippines)—The only Filipino who once became a President of
INTERPOL– (1980-1984)
o Kim Jong Yang (South Korea)—The present president of INTERPOL—(2018-
present)

27
https://www.google.com/search?q=current+composition+of+icj&hl=en&source=lnms&tbm=isch&sa=X&ved=2ah
UKEwiFg7Dh75DwAhWVdd4KHRfKDnoQ_AUoAnoECAEQBA&biw=1360&bih=625#imgrc=363iahAvzZPhe
M
D. International Criminal Court (ICC or ICCt)
o It is the world’s first permanent, independent court to who has the jurisdiction to
prosecute individuals for the international crimes of genocide, crimes against
humanity, and war crimes.
o It investigates and, where warranted, tries individuals charged with the gravest
crimes (as stated above) of concern to the international community.
o It began to function on July 1, 2002.
o It is intended to complement existing national judicial systems and it may therefore
exercise its jurisdiction only when certain conditions are met, such as when certain
conditions are unwilling or unable to prosecute criminals or when the UNSC or
individual states refer situations to the court. Currently, there are 123 ICC member
states.

E. Four Principal Organs of ICC

1.The Presidency
2.The Judicial Divisions
3.The Office of the Prosecutor, and
4.The Registry

1) The Presidency
a. Responsible for the proper administration of the Court (apart from the Office of the
Prosecutor).
b.It comprises the President and the First and Second Vice-Presidents—three judges
of the Court who are elected to the Presidency by their fellow judges for a maximum
of two three-year terms.
c. The current president is Chile Eboe-Osuji, who was elected 11 March 2018,
succeeding Silvia Fernández de Gurmendi (first female president).

2) The Judicial Divisions

a. Consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial
Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial
functions of the Court.
b.Judges are elected to the Court by the Assembly of States Parties.
c. They serve nine-year terms and are not generally eligible for re-election.
d.All judges must be nationals of states parties to the Rome Statute, and no two judges
may be nationals of the same state.
e. They must be "persons of high moral character, impartiality and integrity who
possess the qualifications required in their respective States for appointment to the
highest judicial offices".

3) The Office of the Prosecutor (OTP)

a. Responsible for conducting investigations and prosecutions.
b.It is headed by the Chief Prosecutor, who is assisted by one or more Deputy
Prosecutors.
c. The Rome Statute provides that the Office of the Prosecutor shall act independently;
d. No member of the Office may seek or act on instructions from any external source,
such as states, international organizations, non-governmental organizations or
individuals.

The Prosecutor may open an investigation under three circumstances:

 When a situation is referred to him or her by a state party;
 When a situation is referred to him or her by the united nations security
council, acting to address a threat to international peace and security; or
 When the pre-trial chamber authorizes him or her to open an investigation
on the basis of information received from other sources, such as individuals
or non-governmental organizations.
 4) The Registry
a. Responsible for the non-judicial aspects of the administration and servicing of the
Court, this includes:
i. the administration of legal aid matters
ii. court management
iii. victims and witnesses matters
iv. defense counsel
v. detention unit, and
vi. the traditional services provided by administrations in international
organizations, such as:
- finance
- Translation
- building management
- procurement
- personnel
b. The Registry is headed by the Registrar, who is elected by the judges to a five-year
term.
c. The previous Registrar was Herman von Hebel, who was elected on 8 March 2013.
The current Registrar is Peter Lewis, who was elected on 28 March 2018.