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Criminal Justice System or simply CJS

is define as:

ü the machinery which society uses in


the prevention and control of crime.
The process is the totality of the
activities of law enforcers, prosecutors,
defense lawyers, judges and
corrections personnel, as well as those
efforts of the mobilized community in
crime prevention and control.
ü The process is the totality of the
activities of law enforcers, prosecutors,
defense lawyers, judges and
corrections personnel, as well as those
efforts of the mobilized community in
crime prevention and control.
ü also refers to the “orderly progression
of events from the time a person is
arrested or taken out of the community,
prosecuted, sentenced, punished,
rehabilitated and eventually returned
to the community.”
ü “the system or process in the
community by which crimes are
investigated, and the persons
suspected thereof are taken into
custody, prosecuted in court,
a n d p u n i s h e d i f f o u n d g u i l t y,
prov ision being made for their
correction and rehabilitation.”
“the process in a community by which
a crime is investigated, and the person(s)
suspected for the commission thereof
is/are taken into legal custody for
prosecution in court and for punishment, if
found guilty, with provisions being made
for the correction and/or rehabilitation of
the offender(s) to ensure renewed
assimilation into mainstream society after
service of sentence”.
CJS and Criminology, Distinguished

Edwin Sutherland has defined Criminology


as the “body of knowledge regarding crime
as a social phenomenon” – this is the main
concern of Criminologist. The definition
goes further, “It includes within its score the
processes of making laws; of breaking laws;
and of reacting towards the breaking laws.”
CONCEPT OF CRIME

Ø CRIME has been defined as any


antisocial act punishable by law of
the land.
Ø CRIMINAL LAW has defined Crime as
an act committed or omitted in
violation of public law forbidding or
commanding it.
CRIME IS MULTI-FACETED
IT IS…

Ø A SOCIAL PROBLEM
Ø A POLITICAL PROBLEM
Ø SPIRITUAL PROBLEM; AND
Ø AN ECONOMIC PROBLEM
CRIME AND ITS EFFECTS OR IMPLICATIONS

A. C R I M E A N D T H E N AT I O N A L E C O N O M Y
–Peace and order is sine qua non to
progress and development.
B.CRIME AND THE PHILIPPINE POLITICAL
STRUCTURE – The need to address crime
and criminality is the primary
consideration of the political leadership.
C.CRIME AND THE DEVELOPMENT
ADMINISTRATION – the thrust and efforts
of the government are concerned towards
attaining political and economic stability.
The American Criminal Justice System as part of
the Total Social System in the Community

Economic
System Health Care
System Police
Educational
System
Criminal
Justice
System Corrections Court
Political
System Other
Techno- Systems
logical
System US Criminal Justice
System

Total Social System


CONCEPT OF CJS IN THE UNITED STATES

CJS in the American context is initially


made up of three (3) keys components –
the police, the courts, the corrections:

Ø The police initiates the criminal justice


process by the arrest of the criminal

Ø The court conducts the trial and impose


the penalty if found guilty.

Ø The criminal is remanded to the prison or


corrections not for the punishment but
for treatment and rehabilitation.
CJS in the American context is therefore,
a process of linking its 3 key
components- the police, courts and
corrections-together so as to maintain
law and order in the community.
Generally, each of the major components
of the US CJS shares certain common
goals. Collectively, these common goals
are the following:

Ø To protect society

Ø To maintain order

Ø To prevent crime
Also included in the study of the
American CJS are the following
specialized services, namely:

Ø Probation

Ø Parole, and

Ø Juvenile Justice System


Total Social System in the Philippines just like the US
Model is also composed of the various systems

Economic
System Health Care Police
System Community
Educational
System Prosecution
Criminal
Justice
System Corrections
Political Court
System Other
Techno- Systems
logical
System Criminal Justice System:
Philippine Setting

Total Social System


CONCEPT OF THE PHILIPPINE CJS

The Philippine Criminal Justice System is


made up of the various government agencies
known as the pillars or components, which are
responsible for the enforcement of the law and
the administration of justice. These are the
Police, the Prosecution, the Court, the
Corrections and the mobilized Community. They
comprised the Five (5) Pillars of the Criminal
Justice System.
5
PILLARS
OF THE
CRIMINAL JUSTICE SYSTEM

E P C
N R O C
F O C R O
O S O R M
L R E E M
U
A C C C U
W E U R T N
M T T I I
E I S O T
N O N Y
T N S
COLLECTIVE FUNCTIONS OF THE CJS

Ø To prevent and control the commission of


crime;
Ø To e n f o r c e t h e l a w a n d i n s u r e i t s
implementation;
Ø To safeguard lives, individual rights, and
properties;
Ø To investigate, apprehend, prosecute and
sentence those who violated the rules of the
society; and,
Ø To treat and rehabilita t e c o nv i c t s a nd
reintegrate them into the community as law-
abiding citizen.
COURSE OF THE OFFENDER
IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
CJS BASIC FUNCTIONS AND PROCESSES

Ø The police or law enforcement pillar


occupies the frontline of the CJS because
they are regarded as the initiator of the
system. They are the first contact of the
law violator in the CJS process. It is the
police that investigates, makes arrest and
prepares evidence against the suspects
needed to prosecute them.
Ø The court pillar conducts arraignment
and trial. It shall issue warrant of arrest if
the accused is at large. It acquits the
innocent and adjudicate penalty for the
accused if found guilty.

Ø The correction pillar is responsible for


the incarceration and rehabilitation of
the convicted person in preparation to
his/her reintegration to the community.
FACTORS HAMPERING THE
EFFECTIVENESS OF THE CJS
The dispensation of justice in the community is
greatly dependent on the effectiveness and
efficiency of the CJS. The operations of the CJS
components are interwoven and their functions
in the system are interlinked upon each other.
Any malfunctions in the CJS will affect the entire
system as they are integral part of the
government machinery and thus accountable to
the people.
Several factors undermine the effectiveness
and efficiency of the criminal justice system.
Lack of equipment and facilities, inadequate
manpower, politics, public apathy or indifference
of people are key factors that hamper the
efficiency of the CJS.
Graft and corruption and the negative media are
contributory factors, which may have serious
implications to the overall credibility of CJS.
Political interference serves to compromise the
values and ethical standards of the system thus
affecting the credibility of the CJS in general
CRIME PREVENTION, DETERRENCE & CONTROL
A. Crime Prevention –involves all the measures
designed to avert or avoid the commission of crime.
It is effectively attain by the denial of opportunity
for any crime to happen.
B. Crime Deterrence –pertains to the measures
imposed upon by the State through the CJS so that
criminals will be punished in accordance with the
law to serve a lesson for others not to commit
crime and for criminals to refrain from further
committing crime.
C. C r i m e C o n t r o l – i s a c h i e v e d b y i s o l a t i n g t h e
criminals for incarceration thereby effectively
controlling them from further endangering the
society thus protecting the public from harm and
damage.
IMPORTANT TERMS TO REMEMBER

Ø Social Defense – refers to all the systems and


interplay of activities in the community which
addresses all the negative factors affecting the
health, security and welfare of the public e.g.
natural calamities, disaster, famine, drought,
criminality, health epidemic, etc.
Ø Criminal Justice System – the totality of all the
concerted efforts and activities of all agencies
involved in the prevention, reduction and
control of crime.
Ø Criminology – is the entire body of knowledge
regarding crime and criminals and the efforts of
society to prevent and repress them.
Ø Criminological Enterprise – refers to all the
disciplines involved in the study of crime and
criminals. The practice of certain disciplines
such as research and statistics, natural science
law, penology, sociology, psychology, medicine,
forensic science, etc, make up the entire
criminological venture.
Ø Corrections – is the process or system of taking
c a r e o f t h e c u s t o d y, t r e a t m e n t a n d
rehabilitation of all conv icted persons of
prisoners punished by law for the commission of
an offense.
Ø Police – a body of civ il authority, which is
tasked to maintain peace and order, enforce
the law, protect lives and properties and insure
public safety.
Ø Prosecution – the CJS pillar mandated by law to
bring to justice all criminal cases for
prosecution and prove the guilt of the accused
beyond reasonable doubt.
Ø Court is a body or tribunal officially assembled
under authority of the law in which judicial
power is vested or the administration of justice
is delegated.
Ø Crime Prevention – pertains to all government
and non-government activities or programs
designed to thwart, deter, preempt and stop
the crime from happening.
Ø Crime Deterrence – refers to the political will of
the State to punish all criminals in accordance
with law to serve a lesson for others to refrain
from further committing crime.

Ø Crime Control – refers to restraining or isolating


criminals behind prison to effectively
controlling them from further endangering the
society thus protecting the public from harm
and damage.
CRIMINAL JUSTICE ADMINISTRATION: ISSUES
AND CONCERNS

A. CJS As a System
Criminal justice administration is a system in that
all its employees are concerned with the
prevention, control, and reduction of crime and
delinquency.

B. CJS As a Non-System
It has been criticized as non-system. The four main
players and lead agencies of the CJS – police,
prosecution, courts, and corrections – have their
own officials or leaders. No single leader.
C R I M I N A L : T H E V I TA L L I N K I N T H E C J S
PROCESS

The principal character in the CJS process,


which links the components together, is the
offender or the criminal. The criminal has
been regarded as the most “pampered”
element of the criminal justice system due
to the notions that he has more legal and
constitutional rights than the victim, who
has become the “ forgotten” man of the
system.
FUNCTIONS OF EACH CJS PILLAR: INTERPLAY
IN THE FORMAL PROCESS
Ø Police: The Initiator of the CJS Process

Installed at the forefront of the CJS, the police or law


enforcement pillar is made up mainly of the Philippine
National Police (PNP) and the National Bureau of
investigation (NBI). The main functions of the police
are the following: law enforcement; order
maintenance; control of crimes; safeguarding of lives
and properties; investigation and detection of crimes;
arrest and apprehension of suspects; helps in the
prosecution of criminals; and keeping the peace and
insuring public safety.
Ø Prosecution: Determiner of Probable Cause

Prosecution pillar is made up mainly of the


National Prosecution Service (NAPROSS or NPS). Its
main functions are the following: conduct inquest
procedure; determine probable cause through
preliminary investigation; issues subpoena;
administers oath; recommends the dismissal and
or filing of criminal charges; prosecute criminals
and represent the State in all criminal
proceedings.
Ø Court: Centerpiece of the CJS

The Court is made up of the Supreme Court (SC)


and such other inferior courts in the land. Its main
functions are the following: issues search and
arrest warrants; conduct preliminary
investigation; conduct arraignment, pretrial and
trial proper, renders judgment; adjudicate penalty
and sentencing; and resolve appeals cases, legal
issues and controversies.
Ø Corrections: Rehabilitative Arm of the CJS

The main functions of corrections are the


following: custody of convicts; isolation and
confinement; treatment, reformation and
rehabilitation; reintegration and preparation for
the release of prisoners. Corrections is entrusted
for the custody and safekeeping of all convicts so
that the ends of justice are achieved. The Bureau
of Corrections (BUCOR) and the Bureau of Jail
Management and Penology (BJMP) are part of the
correctional system in the Philippines.
Ø Community: The Informal Pillar of the CJS

The community pillar or the mobilized community is


the largest component of the CJS, made up of the
various agencies in public and private sectors. Its main
functions in the community are three-fold.
§ Participation in the police disciplinary mechanism
through the People’s Law Enforcement Board (PLEB);
§ Participation in the settlement of dispute through the
Katarungang Pambarangay or “ Lupons”
§ Participation in law enforcement and policing through
police-community partnership in crime prevention,
investigation and deterrence.
The POLICE or the LAW
ENFORCEMENT PILLAR occupies the
frontline of the CJS because it has the
first contact with the law violator or
offender. It investigates, arrests, and
prepares evidences against the
suspects for prosecution.
POLICE is a body of civil authority
tasked to maintain peace and order
and insure public safety. “Police is
the public and the public is the police”
was how Sir Robert Peels, the founder
of London Metropolitan Police
described police.
HISTORY OF THE PHILIPPINE POLICE SYSTEM

A. Spanish Period
ü January 8, 1836, the CUADRILLEROS was
established under a Royal Decree of the
Spanish Crown as the Rural Police to maintain
public security and order in the town.
ü December 20, 1842, the CUERPO DE
CARABINEROS DE SEGURIDAD PUBLICA was
established and was charged with the general
function of maintaining law and order and the
prosecution of criminals.
ü March 24, 1868, the GUARDIA CIVIL was
established as a semi-military force tasked to
preserve public order, protect persons and
public property in and outside of
municipalities and execute public laws when
needed.
HISTORY OF THE PHILIPPINE POLICE SYSTEM

B. American Period
ü August 8, 1901, the INSULAR POLICE FORCE which
later become known as the PHILIPPINE
CONSTABULARY was created pursuant to Act No.
175 to maintain peace and order.
ü October 26, 1936, Commonwealth Act No. 88 has
consolidated all police forces and all provincial
guards into STATE POLICE.
ü June 23, 1938, the State Police was disbanded and
the PHILIPPINE CONSTABULARY was reconstituted
pursuant to Commonwealth Act No. 343.
HISTORY OF THE PHILIPPINE POLICE SYSTEM

C. Pre War and War Period


ü During the war, the Philippine Constabulary
was inducted into the USAFFE.
ü April 10 1943, the BUREAU OF CONSTABULARY
was established by the Executive Commission
as agency of the Department of the Interior
and in charged with the maintenance of peace
and order to include coping with the guerilla
problem.
HISTORY OF THE PHILIPPINE POLICE SYSTEM

D. Martial Law Period: The Onset of Police


Integration
ü March 21, 1974, PD No. 421 was promulgated
which authorized the first phase of the
nation’s Police Integration.
ü It signaled the formation of a unified command
including the police, fire and jail service over
the whole Metropolitan Manila.
ü August 8, 1975 saw the birth of the PC-INP.
Presidential Decree No. 765 was promulgated
establishing and constituting the Integrated
N a t i o n a l Po l i c e w i t h t h e P h i l i p p i n e
Constabulary as its nucleus and the local police
forces, city and municipal fire departments
and jail as its civilian components.
HISTORY OF THE PHILIPPINE POLICE SYSTEM

E. The Birth of the Philippine National Police


ü December 13, 1990, the PHILIPPINE NATIONAL
POLICE (PNP) was established by Philippine
Congress by virtue of Republic Act 6975 and
was made effective on January 1, 1991. The
PNP is under the administrative supervision
and control of the National Police Commission
pursuant to RA 6975 as amended by RA 8551.
CONSTITUTIONAL BASIS OF RA 6975

Section 6, Art. XVI of the 1987 Philippine


Constitution expressly provides that the
State shall establish and maintain one
police force, which is national in scope and
civilian in character to be administered by
a national police commission.
ü Republic Act 8551 – An Act providing
for the Reform and Reorganization of
the PNP, otherwise known as PNP
Reform Act of 1998, was passed into
law on February 25, 1998.
B. CHARACTERISTICS OF THE PNP
The PNP as created and established by RA 6975
pursuant to the provisions of the 1987
Constitution (Section 6, Article XVI) was
organized and has the following characteristics:
ü Single police force;
ü Civilian in character;
ü National in scope; and
ü Superv ised and controlled by a national
police commission.
C. COMPOSITION OF THE PNP UNDER RA
6975
ü Police Officers and men who were integrated in
the INP under PD No. 765
ü Officers and enlisted personnel of the Philippine
Constabulary
ü Technical services of the AFP assigned with the
PC and civilian operatives of the CISC
ü Officers and agents of the defunct National
Action Committee on Anti-Hijacking (NACAH)
under the Department of National Defense
ü The regu lar o pe rative s o f th e N A P O L C O M
Inspection, Investigation and Intelligence Branch.
POWERS AND FUNCTIONS OF THE PNP UNDER
RA 6975
ü Enforce laws and ordinance relative to the
protection of lives and properties
ü Maintain peace and order and take all necessary
steps to ensure public safety.
ü Investigate and prevent crimes, effect the
arrest criminal offenders, bring offenders to
justice and assist in their prosecution.
ü Exercise the general powers to make arrest,
search and seizures in accordance with the
constitution and pertinent laws.
ü Detained the arrested person for a period not
beyond what is prescribed by law, informing of
his right under the constitution.
ü Issue license for firearms and explosives in
accordance with law.
ü S u p e r v i s e a n d c o n t r o l t h e t ra i n i n g a n d
operations of security agencies and issue license
to operate security agencies and to security
guards and private detectives or the practice of
their profession.
ü Perform such other duties and exercise all other
functions as may be provided by law.
The National Bureau of Investigation (NBI)
Creation.

The National Bureau of Investigation had its


inception on 13 November 1936 upon the
approval of Commonwealth Act No. 181 by
legislation.

It was the brainchild of the late President


Manuel L Quezon and was first organized as a
Division of Investigation (DI) patterned after the
United States Federal Bureau of Investigation.
The Bureau assumes an increasingly
significant role as a law enforcement agency,
thus on 19 June 1947 and by virtue of Republic
Act No. 157 it was reorganized into the Bureau
of Investigation.

The law was later amended by Executive


Order No. 94 issued on 4 October 1947
renaming it into what it is presently known as
the National Bureau of Investigation.
- to detect and investigate crimes;
- to investigate civil or administrative
cases of interest to the government upon
request;
- to act as the national clearing house of
criminal records and other information;
- to give technical assistance to all
prosecuting and law enforcement agencies,
to the courts, and even to litigants;
- to maintain a crime laboratory and to
conduct research;
- to coordinate with the PNP and other law
enforcement agencies in the investigation of
crimes;
- to collect intelligence date and coordinate
even with other international intelligence
agencies; and
- to assist in the implementation of the
Dangerous Drugs Law.
National Law Enforcement Councils
/ Committees

ü National Peace and Order Council (EO 329)


ü National Law Enforcement Coordinating
Council (NALECC)
ü National Anti-Crime Commission (NACC)
Law Enforcement Coordinating Committees
prov ide cooperation and inter-agency
coordination among all law enforcement agencies
in the Philippines.

Law Enforcement Coordinating


Committees are organized on a national level
known as the National Law Enforcement
Coordinating Committee (NALECC).

Counterpart committees are also established


in the regions and in the provinces.
• serve as a forum for dialogue and
coordination among the government
agencies engaged in the enforcement of
general and special laws;

• coordinate policies/procedures in order to


facilitate cooperation and integration of
efforts among member-agencies and ensure
a unified direction in the suppression of
criminal activities;
• identify priority areas for coordinated joint
law enforcement activities;

• prepare and submit to the Chairman of the


Peace and Order Council for
consideration/implementation, basic
strate g ie s/plan s w h ic h sh all o u t l i n e t h e
enforcement facet of the peace and order
campaign as well as delineate policies and
thrusts in the effective implementation of law
enforcement function.
The Peace and Order Councils (POCs)

Peace and Order Councils are created as


avenues for inter-agency coordination relative to
the country’s peace and order problems.

The Peace and Order Council is organized on


a national level (NPOC) with counterpart councils
at regional levels and provincial levels. The NPOC
has the following functions :
a. to prepare and recommend for the
approval of the President proposals, measures,
thrusts, and strategies that would effectively
respond to peace and order problems;

b. to coordinate and monitor peace and


order plans, projects, and operations of
Civilian Volunteer Self-Defense Organizations
and such other counter-insurgency programs
and activities;

c. to perform such other duties and


functions as the President may direct.
OTHER GOVERNMENT AGENCIES WITH
SPECIAL LAW ENFORCEMENT POWERS
ü Philippine Drug Enforcement Agency (PDEA)
ü Bureau of Immigration
ü Bureau of Customs
ü Bureau of Internal Revenue (BIR)
ü Bureau of Food and Drugs (BFAD)
ü Bureau of Quarantine
ü Land Transportation Office (LTO)
ü Maritime Industry Authority (MARINA)
ü Movie and Television review and Classification
Board (MTRCB)
ü Optical Media Board (OMB)
ü Intellectual Property Office (IPO)
ü Department of the Env ironment and Natural
resources (DENR)
ü Bangko Sentral ng Pilipinas (BSP)
ü Other government agencies clothed with special
law enforcement powers
THE PROSECUTION PILLAR OF THE CJS
PROSECUTION - the institution or
continuance of a criminal suit involving the
process of exhibiting formal charges against
an offender before a legal tribunal and
pursuing final judgment on behalf of the
state or government;
– is the process or method whereby
accusations are bought before a court of
justice to determine the innocence or guilt
of the accused.
OVERVIEW OF THE CJS FUNCTIONS OF THE
PROSECUTION
Prosecutor – automatically considered as an
officer of the court.

Because the Police is the first link in the CJS,


an immediate working relationship between the
police and prosecution allows the prosecutor to
be involved in the investigative process in
order:
Ø To review the legal strength of the case
Ø To review the action taken by the police
while the facts are still fresh; and
Ø To m a k e b e t t e r i n f o r m e d d e c i s i o n s
concerning the state’s course of action.
The PROSECUTION PILLAR takes care of
evaluating the evidences and formally charges the
suspects before the court. It serves as the
screening process on whether to file a case based
on evidences or dismiss the same.

It determines what particular crime shall be


formally filed and present the burden of proof
against the suspected individual in the court.
* the prosecution arm of the
government

* composed of Provincial Prosecutors,


City Prosecutor, Regional Prosecutors,
and State Prosecutors

* placed under the superv ision and


control of DOJ.
Private lawyers should also be deemed as
part of the CJS Prosecution Pillar because they
already represent the parties (the complainant
or the respondent) in proceedings before the
Prosecutors.

Public defenders - such as the members of


the Public Attorneys Office (PAO) and other
Legal Aid Lawyers (IBP, CLAO, FLAG, MABINI, UP,
UST, etc.) should also be considered as part of
the Prosecution Pillar.
THE COURT SYSTEM IN THE PHILIPPINES:
Court System is made up of two (2) categories,
namely: THE REVIEW COURTS and TRIAL COURTS.
REVIEW COURTS:
• SUPREME COURT
• COURT OF APPEALS
TRIAL COURTS:
• REGIONAL TRIAL COURT (RTC)
• METROPOLITAN TRIAL COURT (MTC)
• MUNICIPAL TRIAL COURT IN CITIES (MTCC)
• MUNICIPAL CIRCUIT TRIAL COURT (MCTC)
• MUNICIPAL TRIAL COURT (MTC)
In addition to the regular courts of justice constituting
the Integrated Judicial System…
SPECIAL COURTS or QUASI-JUDICIAL COURTS are
added:
SANDIGANBAYAN (ANTI-GRAFT COURT) -PD 1606
ISLAMIC COURT (SHARI’AH COURT)
COURT OF TAX APPEALS or CTA (for tax cases) -
RA 1125
NATIONAL LABOR RELATIONS COURTS or NLRC
(labor disputes)
JU D G E A D VO C AT E G E N E R A L SE RVIC E (JA G S )
(military court)
QUASI-JUDICIAL ADMINISTRATIVE COURTS:

• CIVIL SERVICE COMMISSION (CSC)


• COMISSION ON ELECTIONS (COMELEC)
• SECURITIES AND EXCHANGE COMMISSION (SEC)
• NATIONAL LABOR RELATIONS COMMISSION
(NLRC)
• ENERGY REGULATORY COMMISSION (ERC)
SUPREME COURT

COURT OF
APPEALS
SANDIGANBAYAN

COURT OF TAX REGIONAL


COURT OF SHARI’A DISTRICT
COURT
TRIAL OFTAX
COURTSTAX COURT
COURTOF OFTAX
TAX
APPEALS COURTS
APPEALS
APPEALS APPEALS
APPEALS

MUNICIPAL
COURT TRIAL METROPOLITAN SHARI’A CIRCUIT
COURTOF OFTAX
TAX COURT
COURTOFOFTAX
TAX COURT
COURTOFOFTAX
TAX
COURT IN CITIES TRIAL COURT COURTS
APPEALS
APPEALS APPEALS
APPEALS APPEALS
APPEALS

MUNICIPAL
COURT MUNICIPAL CIRCUIT
COURTOFOFTAX
TAX COURT
COURTOFOFTAX
TAX
TRIAL COURT TRIAL COURT
APPEALS
APPEALS APPEALS
APPEALS
FOUR LEVEL INTEGRATED COURT
SYSTEM IN THE PHILIPPINES SUPREME
COURT
Review
Courts
COURT
OF APPEALS

Regional Trial
Court
Trial
Courts
MeTC, MTCC
MTC, MCTC
COURT SYSTEM IN
THE PHILIPPINES SUPREME
COURT

COMELEC Court
COA, NLRC Appeals
SANDIGAN
BAYAN
Regional
QUASI-JUDICIAL Trial Courts
CSC, CTA Legend

MeTC, MTCC, Petition for certiorari


Ordinary Appeal
Petition for Review

MTC, MCTC Petition for Review on certiorari


DIRECTOR

Asst. Dir. For


Admin

Public Info. Legal

Administrative Gen. Service Supply Management Budget & Accounting


Division Division Division Division Finance Div Division

Reception & Diagnostic New Bilibid Prison


Center
Correctional Institute for Women

Davao Prison and Penal Farm

Ihawig Prison and Penal Farm

Sablayan Prison and Penal Farm

San Ramon Prison and Penal Farm

Leyte Regional Prison


Provincial Jails
All provincial jails in the country are
placed under the respective provincial
governments pursuant to the provision of
Section 61 of Republic Act no. 6975 which
states : “x x x The provincial jails shall be
supervised and controlled by the
provincial government within its
jurisdiction x x x.”
Municipal Jails/City Jails

Municipal Jails and City Jails, on the


other hand, are administered by the
Bureau of Jail Management and Penology
(BJMP) created also under RA No. 6975.
BJMP is placed under the Department of
the Interior and Local Government.
After the convicts have passed through
the Correction Component - either
unconditionally (as by full service of the term
of imprisonment imposed on them), or by
parole, or by pardon - they revert to the
COMMUNITY and either lead normal lives as
law-abiding citizen in their barangays or
regrettably commit other crimes and thus go
back through the same stages of the Criminal
Justice System.
The community at large - through the
appropriate legislative agencies, public
and private educational institutions,
parents and guardians, churches, religious
organizations, civic associations, etc. -
develops and exacts conformity with
acceptable moral and ethical values,
creates the environment for the
development of civic-spirited citizens,
and fosters respect for and observance of
the Rule of Law.
In particular, members of the community having
knowledge of facts relevant to the investigation or
prosecution of crimes, are expected to cooperate with
law enforcers and investigators, by reporting crimes and
giving evidence against the offenders.

Attorneys in private practice, or pertaining to


associations committed to giving legal aid to indigent or
otherwise deserving individuals, should be reckoned as
part of the fifth component of the CJS, the community.
They participate directly or indirectly in the Criminal
Justice System by rendering legal advice to, or
representing, persons involved in criminal actions before
the duly constituted authorities.
The Community Component should also include key
government institutions that play bit, albeit, important roles
in the CJS, such as the Bureau of Posts which delivers court
documents, notices, and other processes; the Bureau of
Immigration & Deportation which may prevent the departure
of suspects from the country; the Bureau of
Telecommunications which transmits communications by
telephone, telegram, or radio; and government hospitals and
medical centers (like the National Center for Mental Health)
which furnish experts who may enlighten the courts on issues
involv ing medicine, surgery, or other sciences. Private
institutions and civic organizations should also be deemed part
hereof since they may also have significant roles to play in
Criminal Justice System.
Serious efforts have already been started by the
Philippine National Police, in cooperation with the
Department of Interior and Local Government, to better
empower the barangays (the smallest political unit in
Philippine society) as well as other sectors of the
community so that they may serve the Criminal Justice
System more comprehensively.

This is in line with the Community Oriented


Policing System being adopted by the PNP pursuant to
the provision of Section 2 of Republic Act No. 8551
(which amended RA No. 6975) which declared that :
“The PNP shall be a community and service oriented
agency responsible for the maintenance of peace and
order and public safety.”
FACTORS HAMPERING THE EFFECTIVENESS
OF THE CRIMINAL JUSTICE SYSTEM:

The dispensation of justice in the community


is greatly dependent on the effectiveness and
e f f i c i e n c y o f t h e C J S . T h e o p e ra t i o n o f i t s
components are interwoven in their functions.

Any malfunctions in the CJS will affect the


entire system.
Several factors affect the effectiveness and
efficiency of the CJS, such as:

• lack of equipment and facilities;


• inadequate manpower;
• politics;
• public apathy or indifference of people;
• graft and corruption; and
• negative attitude of the tri-media
IMPORTANCE OF COORDINATION AMONG THE
FIVE (5) PILLARS OF THE CJS:

It should now be evident that the


Philippine Criminal Justice System is not just the
agencies charged with law enforcement; not just
the prosecution arm of the government; nor just
the courts; nor just the correctional system, nor
just the community. The Criminal Justice System
is all of these "pillars" considered collectively.
So also, it should now be obvious that, for
an effective Criminal Justice System to work
speedily, it is essential for all these five (5)
pillars to work with dispatch and in full
coordination with each other. Any perceived
failure of the CJS in a particular given case due
to some deficiency in one pillar cannot be
blamed upon any of the other pillars.

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