philippine

Criminal
justice
system
 Criminal Justice System

totality of activities of law enforcers,

prosecutors, defense lawyers, judges and
correction personnel, as well as those efforts
of mobilized community in crime prevention
and control
 Theories of the CJS
RETRIBUTIVE JUSTICE RESTORATIVE JUSTICE
“an eye for an eye Assumes that the
approach” victim, their heirs or
neighbor can be in
Assumes that the victim, some way restored
their heirs or neighbor to a condition “just as
have the right to do to
good as” before the
the offender of what
he/she has done to the
criminal incident.
victim
 Theories of the CJS
PSYCHIATRIC IMPRISONMENT
TRANSFORMATIVE JUSTICE
Treats crime nominally as
illness and assumes that Does not assume that
it can be treated by there is any reasonable
psychotherapy, drugs and comparison between
other techniques the lives of the victim
associated with psychiatry not offender before and
and medicine, but in after the incident.
FORCIBLE Offender should not re-
CONFINEMENT. offend and victim should
not avenge.
 Theories of the CJS
CONSENSUS MODEL CONFLICT MODEL
Argues that the Argues that the
organizations of organizations of
the criminal the criminal
justice system justice system
do, or should, do, or should,
COOPERATE COMPETE
 Law
enforcement

Community Prosecution

CJS
Correction Court
 SEQUENCE IN DETECTION OF CRIME

police observation --- arrest --- booking ---

investigation

complaint --- investigation --- arrest --- booking

 Arrest / Investigation

Law
Community Enforcement
Sentence has
served, parole Filing of
or other COMPLAINT
executive If there is no
If convicted but probable cause
clemency
under probation

Correction Prosecution
If found
innocent

filing of
Issuance of
INFORMATION
MITTIMUS Court
Law enforcement

Frontline/ initiator of the Criminal

Justice System
 Law enforcement
Branch of CJS that has the specific
Organizations and responsibility of maintaining law and
offices of the order and combating crime within the
society
government that
enforces the laws or PROTECTION OF LIFE AND PROPERTY
assist in the PRESERVATION OF THE PEACE
PREVENTION OF CRIME
enforcement of the DETECTION AND ARREST OF VIOLATORS OF LAW
ENFORCING THE LAW
laws as mandated by SAFEGUARDING THE RIGHTS OF INDIVIDUALS
the law creating them
 Arrest / Investigation

Law
Community Enforcement
Filing of
COMPLAINT

Correction Prosecution

Court
 Words to ponder
Complaint Information
sworn written statement
charging a person with an offense
accusation in writing
executed and subscribed by the subscribed by the
OFFENDED PARTY, any prosecutor filed with
PEACE OFFICER or other
PUBLIC OFFICER charged the court
with the enforcement of the law
violated filed in the prosecutor's
office or directly to the court
 When is Complaint or Information
sufficient?
A complaint or information is sufficient if it states the
NAME OF THE ACCUSED; the DESIGNATION OF THE
OFFENSE given by the statute; the ACTS OR OMISSIONS
COMPLAINED of as constituting the offense; the NAME OF
THE OFFENDED PARTY; the approximate DATE OF THE
COMMISSION of the offense; and the PLACE WHERE THE
OFFENSE WAS COMMITTED.
When an offense is committed by more than one person,
all of them shall be included in the complaint or information.
 Words to ponder
Arrest Investigation
is the taking of the is an art, which deals
person into custody with the identity and
in order that he may location of the
criminal offender and
bind to answer for
the gathering and
the commission of providing evidence of
an offense evidence for his guilt
criminal proceedings
Law enforcement
UNIFORM AND BADGES
authority to take action in the name of the state
WEAPONS
represents the power and coercive nature of their
authority to reinforce their command
HANDCUFF
symbolizes the detention power of the state
 Law enforcement
GENERAL LAW ENFORCEMENT POWERS SPECIAL LAW ENFORCEMENT POWERS
- National Bureau - PDEA
- BOC - DOF
of Investigation - BID - DOJ
(NBI) - Forest rangers – DENR
- Philippine Coast Guard - DOTC
- Philippine - Port Police – DOTC
National - Airport Police – DOTC
- Bangko Sentral ng Pilipinas
Police(PNP) Security Group
- Customs Police – DOTC
- Military Police - DND
Philippine National Police
(pnp)
RA 6975 RA 8551
DILG Act of 1990 PNP Reform and
Reorganization Act of 1998
The PNP Law of 1991
Reorganized PNP for the
The law created the PNP purpose of reforming or
and declared it to be professionalizing it
police force of the
country with national in Approved:
scope and civilian in Pres. Fidel Ramos
character 2/25/1998
12/13/1990
 SENATE BILL 2031
MILITARY RANK OLD PNP RANKS (RA 8551) NEW PNP RANKS TITLE OR POSITION
General Director General Police General Chief of the PNP

Lt. General Deputy Director General Police Lieutenant Deputy Chief, ADMIN/operation & Chief
General of Directorial Staff
Major General Director Police Major General Head of Directorial Staff, NCR Director

Brigadier General Chief Superintendent Police Brigadier general Head of the Inspectorate Division/
Inspector General, Regional and District
Director
Colonel Senior Superintendent Police Colonel Provincial Director

Lt. Colonel Superintendent Police Lieutenant District Director

Colonel
Major Chief Inspector Police Major Chief of Police

Captain Senior Inspector Police Captain

Lieutenant Inspector Police Lieutenant

Commissioned Officer
* Cadet of the PNPA are classified as ABOVE the SPOIV and BELOW the INSP rank of PNP
 SENATE BILL 2031
MILITARY RANK OLD PNP RANKS (RA 8551) NEW PNP RANKS
Master Sergeant Senior Police Officer IV Police Executive Master Sergeant
Technical Sergeant Senior Police Officer III Police Chief Master Sergeant
Staff Sergeant Senior Police Officer II Police Senior Master Sergeant
Sergeant Senior Police Officer I Police Master Sergeant
Corporal Police Officer III Police Staff Sergeant
Private 1st class Police Officer II Police Corporal
Private Police Officer I Patrolman/Patrolwoman

Non-Commissioned Officer
 Philippine National Police
(pnp)
STATUTORY POWER REGULATORY POWER
 enforce all laws and  issue licenses for
ordinances relative to the firearms and explosive
protection of lives and
 supervision and training
property
of security agencies
 Maintain peace and order
 train students taking up
 Investigate and prevent
baccalaureate, vocational/
crime
technical courses in Law
 arrest, search and seizure
Enforcement Service
 detain and arrest a person Program
 Philippine National Police
(pnp)
other duties Role in Counter-Insurgency
 enforce election laws RA 6975
during election Prevention and control of crimes,
 enforce laws involving maintenance of peace and order and
agriculture, environment ensures public safety and internal
and natural resources security
RA 8551
 enforce laws involving
land transportation Relieved to its primary responsibility
on matters involving suppression of
 Other laws where PNP insurgency and other serious threats
will be deputized to national security
 National Bureau of investigation
(nbi)
RA 157 – 6/19/1947 Head – DIRECTOR
Assistant Director –
RA 2678
DEPUTY DIRECTOR
Expansion and
reorganization of the Special investigation service
NBI Comptroller services
Technical services
Launches probe into cases Regional operations services
which is of paramount Administrative services
interest to the nation Intelligence services
 Philippine drug enforcement Agency
(pdea)

RA 9165 ORGANIZATIONAL STRUCTURE

COMPREHENSIVE
DANGEROUS DRUGS ACT DIRECTOR GENERAL
OF 2002 as the HEAD
with
Implement the efficient and 2 Deputy Director General:
effective implementation of for Operation
national drug control strategy
formulated &
for Administration
 Deputy Director General of PDeA

ADMINISTRATION OPERATION
• Intelligence and Investigative
• Admin and Human Service
Resource Service • Plans and Operations Service
• Financial Management • Legal and Prosecution
Service
Service
• Compliance Service
• Logistics Management • International Cooperation
Service and Foreign Affairs Service
• Internal Affairs Service • Preventive Education and
Community Involvement
Service
BUREAU OF IMMIGRATION AND DEPORTATION
(BID)

Commonwealth Act 613 ORGANIZATIONAL STRUCTURE

Philippine Immigration COMMISSIONER
Act of 1940
as the head
Control and regulate the
with
entry and stay of the 2 Associate Commissioners:
aliens in the country for Management
&
Senate Bill 3404 0f 2009
for Operations
 Associate commissioners of BID

ADMINISTRATION
EXECUTIVE DIRECTOR
 the Administrative
Division
 Alien Registration Division
 Finance and Management
Division
OPERATION
BOARD OF SPECIAL
INQUIRY
 the Immigration
Registration Division
 Law & Investigations
Division
 Intelligence Division
 Bureau of Customs (boc)
PD 1464
Under the Department of
Finance, mandated to an
effective revenue collection,
prevent, suppress smuggling
and entry of prohibited goods
and enforcement of the Tariff
and Customs Code of the Phil
RA 10863 - 2006
COMMISSIONER WITH 6DC
 Internal Administration Group
 Revenue Collection and
Monitoring Group
 Assessment and Operations
Coordinating Group
 Intelligence and Enforcement
Group
 Management Information
System and Technology Group
 Post Audit Entry Group
 Other law enforcement agencies with
Special Law enforcement power

BIR BFAD
BUREAU OF INTERNAL BUREAU OF FOOD AND
REVENUE DRUGS
enforces and regulates manufacture
enforces tax laws and
of food and drugs. It investigates
regulations. It investigates tax
and arrests unscrupulous
evasion cases and arrests
manufacturers and makers of
similar violators
substandard food and drugs without
under license or permits.
Department of Finance under
Department of Health
 Other law enforcement agencies with
Special Law enforcement power

BOQ LTO
BUREAU OF QUARANTINE Land Transportation
It is empower to enforce Office
measures to stop, control regulates land
and monitor the spread of transportation industry and
disease by conducting enforces transportation
quarantine on all air and laws and regulations.
seaports across the country. Investigates arrest and
under prosecutes “colorum” or out
Department of Health of the line vehicles.
 Other law enforcement agencies with
Special Law enforcement power

MTRCB OMB
MOVIE AND OPTICAL MEDIA
TELEVISION REVIEW BOARD
AND CLASSIFICATION
formerly known as Video
BOARD
gram Regulatory Board,
operates against the OMB operates against
pornography films shown the proliferation of fake and
on television and movie pirated VHS DVD, VCD or
houses. CD tapes.
Other law enforcement agencies with
Special Law enforcement power

IPO MARINA
INTELLECTUAL MARITIME INDUSTRY
PROPERTY OFFICE AUTHORITY
operates against the regulates the maritime
intellectual property and shipping industry.
and copyright laws It oversees the sea
under worthiness of all sea-
Department of Trade and going vessels.
Industry
 Other law enforcement agencies with
Special Law enforcement power

DENR BSP
DEPARTMENT OF BANKO SENTRAL NG
ENVIRONMENT AND PILIPINAS
NATURAL RESOURCES
regulates banking industry
operates against illegal and enforces banking laws.
logging. It investigates Investigates arrest and
and prosecutes violators prosecutes counterfeit
of environmental currency manufacturers
protection laws. and passers.