CHAPTER 2

The Concept of Justice

OBJECTIVES:
o To know the idea in proper due
process of law in the Philippines
o To know the concept of Justice that
the Philippines adopt

Define the concept of justice.

The idea of justice occupies center stage both in ethics, and in legal and political
philosophy. We apply it to individual actions, to
laws, and to public policies, and we think in each
case that if they are unjust this is a strong, maybe
even conclusive, reason to reject them.
Classically, justice was counted as one of the
four cardinal virtues (and sometimes as the most
important of the four); in modern times John
Rawls famously described it as ‘the first virtue of
social institutions’ (Rawls 1971, p.3; Rawls, 1999,
p.3). We might debate which of these realms of
practical philosophy has first claim on justice: is it
first and foremost a property of the law, for
example, and only derivatively a property of
individuals and other institutions? But it is
probably more enlightening to accept that the idea has over time sunk deep roots in each
of these domains, and to try to make sense of such a wide-ranging concept by identifying
elements that are present whenever justice is invoked, but also examining the different
forms it takes in various practical contexts. This article aims to provide a general map of
the ways in which justice has been understood by philosophers, past and present.

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The Four elements of Justice in order that the justice may be dispensed of
absolutely

To dispense absolute justice requires the presence of four elements

1. The absolute ability to identify the law violator.

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

The four types of mistake that can happen when society attempts to administer
justice.

When society attempt to administer justice, mistakes are inevitable. The types of
mistakes include the following:

o The innocent is punished.

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

The Justice tends to possess a two-fold role

1. The prevention of certain activity that is harmful to society

2. The apprehension and the formal processing of individuals who have
committed illegal acts.

The criminal Justice System

It is defined as the machinery of the states or

government, which enforces the rules of conduct
necessary to protect life and property and maintain
peace and order.

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The Five Pillars of the Criminal Justice System in the Philippines

1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community

American Criminal Justice System

1. Law enforcement
2. Court
3. Correction

In the Philippine CJS setting:

• The Law Enforcement, particularly the Philippine National Police (PNP) is

under the Department of the Interior and Local Government (DILG); while the
National Bureau of Investigation is an agency attached to the Department of
Justice (DOJ).

• The Prosecution Service is under the DOJ; while the OMBUDSMAN is a

constitutional body independent from even the three major and co-equal branches
of the government. On the other hand, Public Attorney’s office (PAO) is also under
the DOJ. Thus, the prosecution generally considered as the representative of the
State in criminal cases and the public attorney’s office.

• The Court meaning the regular civil courts, including the Sandiganbayan and
Special Criminal Court, are under the supervision and control of the Supreme
Court.

• The Correctional Institutions are either under the DOJ or DILG.

a. The Bureau of Correction or the National Penitentiary is under the DOJ
b. By virtue of R.A 6975 the Bureau of Jail Management and Penology
(BJMP) is in charge of the City or Municipal Jail.

• The Community

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Enumerate the Primary Goals of the Criminal Justice System

1. Protect the members of the society, CJS is the formal instrumentality authorized
by the people of the nation to protect their collective and individuals well-being.

2. The maintenance of peace and order, there is a need for political and institutional
stability as a goal of an organized society.

The Sub Goal or Secondary Goal

The following are the sub-goal of the criminal justice system:

1. The prevention of crime.

2. The suppression of criminal conduct by apprehending offenders for prevention
is ineffective
3. The review of 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 behavior of those who violate
the law.

Philosophical Approaches behind the Criminal Justice System

The following are the Philosophical approaches behind the Criminal Justice
System.

1. The Adversarial Approach

2. The Inquisitorial Approach

The adversarial Approach vs. Inquisitorial Approach

The role of public prosecutors may differ depending on the legal tradition adopted
in a particular country. Two types of legal traditions dominate the nature of investigation
and adjudication around the world: adversarial and inquisitorial legal systems. Common
law countries use an adversarial system to determine facts in the adjudication process.
The prosecution and defence compete against each other, and the judge serves
as a referee to ensure fairness to the accused, and that the legal rules criminal procedure
followed. The adversarial system assumes that the best way to get to the truth of a matter

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is through a competitive process to determine the facts and application of the law
accurately.
The inquisitorial system is associated with civil law legal systems, and it has
existed for many centuries. It is characterized by extensive pre-trial investigation and
interrogations with the objective to avoid bringing an innocent person to trial. The
inquisitorial process can be described as an official inquiry to ascertain the truth, whereas
the adversarial system uses a competitive process between prosecution and defence to
determine the facts. The inquisitorial process grants more power to the judge who
oversees the process, whereas the judge in the adversarial system serves more as an
arbiter between claims of the prosecution and defence (Dammer and Albanese, 2014;
Reichel, 2017).
Both these systems have variations around the world, as different countries have
modified their criminal procedure in various ways over the years in balancing the interests
of the State in apprehending and adjudicating offenders with the interests of individual
citizens who may be caught up in the legal process. As this Module will show, these
different legal traditions impact the ways in which criminal cases are investigated and
prosecuted.

Above philosophical approaches of the Criminal Justice System

a. As to the presumption:

The Adversarial Approach assumes the accused to be innocent; while the

inquisitorial approach assumes the accused to be guilty.

b. As to burden of proof:
The adversarial approach places the burden on the public prosecutor to
prove the guilt of the accused; while the inquisitorial approach places the
burden to the accused in providing his innocence.
c. As to emphasis:
The adversarial approach places emphasis on the process; while the
Inquisitorial Approach places emphasis on the conviction of the accused.

The two (2) principles of law that must adhere to in our Criminal Justice System

1. The Due Process of Law

2. The equal protection clause

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The Due Process of Law

Essentially, the concept of due process means that those who are accused by the
crimes and those who are processed through the criminal justice system must be given
the basic rights guaranteed by the constitution.

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

In essence, due process simply means compliance with the requisite NOTICE and
HEARING.

The 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 characteristic such
as race, age or sex. According to Supreme Court, it must be based on some reasonable
clarification.

The Concept of Criminal Due Process

Criminal due process requires that the accused be tried by an impartial and
competent court in accordance with the procedure prescribed by the law and with proper
observance of all the rights accorded him under the Constitution.

Who can invoke the right to criminal due Process?

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

The bill of rights (including the right to due process) is a litany of weapons, which
a person may use in order to resist or defeat any abuse or misuse of governmental power

The Bill of Rights is foundationally directed against the government

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Reference:

https://www.unodc.org/e4j/en/organi
zed-crime/module-9/key-
issues/adversarial-vs-inquisitorial-
legal-systems.html

https://plato.stanford.edu/entries/jus
tice/

Philippine Criminal Justice System

(Second Edition) By Atty. Ramil
Gabao Video Link:

https://youtu.be/JfnOFCFxxzI

https://youtu.be/FW3SeyfCydk

https://youtu.be/GeCIUm7aHXw

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