Module 1 in CLJ-1 (Introduction to Philippine

Criminal Justice System)

Course Description:
The study of the five pillars of criminal justice in the Philippines – law enforcement,
the prosecution,the courts, the corrections and the community. It also covers their
respective functional relationships as well as individual roles in the administration of
the justice system in the solution of crimes. This course introduces the components
and process of the criminal justice system, with the emphasis of criminal law and
procedure, court processes.

Introduction to Criminal Justice System

Criminal Justice System – The machinery which the society uses in the prevention
and control of crimes.
 It may also refer to the totality of the activities of the law enforcers, prosecutors,
judges, and corrections personnel, as well as those of the
mobilized community in crime prevention and control.
 It refers to the sum total of instrumentation which a society uses in the
prevention and control of crime and delinquency.
It also comprises all the means used to enforce those standards of conduct
which are deemed necessary to protect individuals and to maintain general
community well-being.

In theory, Criminal Justice System is an integrated apparatus that is concerned with

the following;

◦ apprehension,
◦ prosecution,
◦ trial,
◦ conviction,
◦ sentencing and
◦ rehabilitating or correcting criminal offenders.

Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.
People involved in the system (Parties to the criminal case)
7. Accused = The most pampered party in a criminal case.
8. Victim/complainant = The forgotten party in a criminal case.
9. People of the Philippines = The actual offended party.
Definition of Term:

Criminal Justice = study of agencies of social control that handle criminal offenders.
Justice = the adherence of truth or fact.
Criminology = study of crime as a social phenomenon (by Cressey and Edwin
Sutherland).
Felony = acts or omission punishable by law.

Criminal Law

 It is the BASIS OF CRIMINAL JUSTICE SYSTEM.

 The branch of public law, which defines crime, treats of their nature and
provides for their punishment.
 Only violations of Criminal Law are being considered and processed in the
Criminal Justice System. Where no violation of Criminal Law or where no
commission of the crime criminal justice as a process will not operate.

Two (2) Classifications of Criminal Law

1. Substantive = defines the elements that are necessary for an act to constitute
as a crime and therefore punishable.

2. Procedural = refers to a statute that provides procedures appropriate for the

enforcement of the Substantive Criminal Law.

Two (2) Basic Principles of Criminal Law in the Administration of the CJS

1. Presumption of Innocence = this means that those who are accused of crimes are
considered innocent until proven guilty.
The accused is entitled to all the rights of the citizens until the accused’s guilt
has been determined by the court of law or by the accused’s acknowledgment
of his guilt that he or she indeed committed the crime. No less than the
Constitution of the Philippines provides that an accused shall be presumed
innocent until proven guilty.

2. Burden of Proof = in criminal cases means that the government must prove
beyond “reasonable doubt” that the suspect committed the crime. In order to
make sure that only those who are guilty of the crime as punished, our Rules on
Evidence provides that the evidence, in order to be sufficient to convict an
accused for a criminal act, proof beyond reasonable doubt is necessary. Unless
his guilt is shown beyond reasonable doubt, he is entitled to an acquittal.
 Criminal in Relation to CJS

The criminal is the main character of the Criminal Justice System; while the victim is
the neglected man in the
process.

Different Nomenclatures Given to the Person who is being processed

under CJS:

1. Suspect = at the police stage, during investigation;

2. Respondent = at the Prosecutors office, during the determination of probable
cause or during the Preliminary
Investigation;
3. Accused = at the trial of the case, when a case has been filed in Court;
4. Convict = once the Court has determined that the accused is guilty beyond
reasonable doubt as charged and
the judgement has been rendered;
5. Criminal = It is only upon undergoing all the process when the person serves the
sentence.

Five (5) Stages in Criminal Justice Process

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

Two (2) Elements of Criminal Law

6.Its Major Purpose = is the preservation of social order in the society. Unlike Civil
Law, its concern is the protection of an individual or private party from other
persons.

7.Sanctions or Punishments =it is the satisfactions to the public.

Purpose or Goal of CJS

1. Primary Purpose
a. To protect the member of the society = is the formal instrumentality
authorized by the people of the nation to
protect both their collective and individual well-being.
b. To maintain peace and order = political, economic and institutional stability
are goals of an organized society
because the existence of crime disrupts the stability of the society.
 3. Secondary Purpose or Sub-goals
a. The prevention of crime.
b. The suppression of criminal conduct by apprehending offenders for whom
prevention is ineffective.
c. The review of legality of our preventive and suppressive measures.
d. The judicial determination of guilt or innocence of those apprehended.

Trial
-is a coming together of parties to a dispute, to present information (in the form of
evidence) in a tribunal, a formal setting with the authority to adjudicate claims or
disputes. One form of tribunal is a court. The tribunal, which may occur before a
judge, jury, or other designated trier of fact, aims to achieve a resolution to their
dispute.

Trial Procedure in Criminal Court

i. The prosecution shall present evidence to prove the charge.

ii. The accused may present evidence to prove his defense.
iii. The prosecution and the defense may, in that order present rebuttal and sur-
rebuttal evidence unless the court, in furtherance
of justice permits them to present additional evidences.
iv. Upon admission of the evidence of the parties, the case shall be deemed submitted
for decision.

Civil Liability = usually monetary indemnity by the accused to the victim or the victim’s
heirs.
e. The proper disposition of those who have been legally found guilty.
f. The correction by socially approved means of the behavior of those who violate
the law.

Philosophy behind CJS

1. Adversarial Approach

 The prosecutor representing the state must prove the guilt.

 It is designed to protect the rights of the accused.
 This is the philosophy adopted in our Criminal Justice System due to the greater
emphasis on the observance of due process and the litany of right in the Bill of
Rights of our Constitution.

Bill of Rights
- enumeration and declaration of the individual rights and privileges which the
constitution is designed to protect against violation by the government or by
individual or group of individuals.
Classes of Rights

a. Natural Rights = unwritten law possessed by every citizen given to man by God.
b. Constitutional Rights = conferred and protect by the Constitution.

Classifications of Constitutional Rights

i. Political Rights= give the citizen the power to participate, directly or indirectly in
the establishment or
administration of the government.
ii. Civil Right = which the law enforce at the instance of private individuals for the
purpose of securing to them the
enjoyment of their means of happiness.
iii. Social and Economic = which are intended to insure the well-being and economic
security of the individual.
iv. Rights of the accused = intended for the protection of a person accused of any
crime.

Constitution -body of fundamental principle by which a state or body is governed.

Statutory - it is required by law.

c. Statutory Rights = provided by law promulgated by the law-making body and

consequently, may be abolished by the same body.

2. Inquisitorial Approach = the accused must prove that they are innocent.

Differences between the Two (2) Philosophies

Principles of Law that must adhere in our CJS
There are traditional ways that occurrence of crime is made known to the police:

i. when the victim personally reports the crime to the police;

ii. when a witness personally reports the crime to the police; and
iii. when the police catches an offender while in the commission of a crime.

5. Criminal Apprehension = the legal term for criminal apprehension is arrest.

6. Order Maintenance = it regulates non-criminal conduct. It is considered as the

most difficult responsibility of the police.

7. Public Service = use to mean services provided by government to its citizen.

Activities of the Police to enhance their image

It is very important to enhance their image so that they can attain the full-
cooperation and support of the community for them to become more effective and
efficient.

1. Increase Police Visibility (physical appearance)

a. Fear – to the would-be-criminal
b. Security or Comfort –to the law-abiding citizen
2. Community Service Oriented Policing
3. Frequent dialogs with Barangay Officials and members
4. Linkage with media people
5.Initiations with Youth-oriented project

POLICE PROCESSES: A Major Chain in the Criminal Justice System

Policing is the initial process in the entire criminal justice system.

A. Crime Detection– the act of discovering or the fact.

1. To discover that a crime is committed
2. Identification of a suspect
3. Collection of evidences.

Two (2) ways on how to detect crime/s:

1. POLICE OBSERVATION = arrest – booking – investigation

2. COMPLAINT = investigation – arrest – booking
Response Time – refers to the time that elapses between the receipt of the call or
alarm and the arrival of responding officers at
the crime scene.
B. Criminal investigation

 The identification and apprehension of alleged criminals and the accumulation,

preservation and presentation of evidences regarding their alleged crimes.
 The main objective is to determine who the criminal is and to develop and
present legally accepted evidence to a court of law so that a conviction is
assured and a crime is solved.
 It is a specialized aspect of police work which is the responsibility of both the
uniformed patrolman and the investigator. In the investigation of the crime,
evidence technicians known as Scene of the Crime Operatives (SOCO) Officers,
assist in the collection, preservation, analysis and presentation of physical
evidence at the crime scene.

Criminal Investigation Process

1. Preliminary or Initial Investigation = is the initial or beginning phase of a

systematic inquiry into an alleged crime.
The patrolman should always carry out, or participate in the preliminary
investigation except in those cases where the crime was discovered long after it
was committed. In such instances, the investigator could be the one who conducts
both the initial and continuing investigation.

2. Follow-up investigation = is an extension or continuation of preliminary

investigation. It is necessary to bring a case to a successful conclusion or to solve an
unsolved case. It will determine if available information and evidence is legally
admissible in court. After necessary evidence has been collected, Police Authority
may be applied (Arrest,Search and Seizure).

C. Apprehension of Suspects

Arrest = taking a person into custody, in order that he may be bound to answer for
the commission of an offense.(Rules of Court, Rule 113, Sec. 1).

Arrest is important in the administration of Criminal Justice System because if the

accused is not arrested, the court will not acquire jurisdiction over the person,
UNLESS the person voluntarily surrenders himself to the authority.

Under the law, the court cannot proceed with the trial of the person without his
presence or in absencia. This is in consonance with the constitution requirement that
the accused must the right to be heard by him and to be informed of the cause and
accusation against him. The ONLY EXCEPTION is when the accused has already been
ARRAIGNED.
An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest. No violence or
unnecessary force shall be used in making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his detention (Rules of Court, Rule
113, Sec. 2).

Modes of Arrest
1. Arrest with Warrant

 The officer shall inform the person to be arrested of the cause of the arrest and
the fact that a warrant has been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to inform him, or when the
giving of such information will imperils the arrest.
 The officer need not have the warrant In his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable (Rules of Court, Rule 113, Sec. 7).
 Shall remain valid until the person to be arrested has been arrested or has
surrendered
 An arrest may be made on ANY DAY and at ANY TIME of the day or night (Rules
of Court, Rule 113, Sec. 6).
 A warrant of arrest, whether is issued by the court of a competent jurisdiction,
may be served anywhere in the Philippines
(Rules of Court, Rule 113, Sec. 3).
 Warrant of Arrest = it is an order in writing issued in the name of the People of
the Philippines, signed by the judged and directed to a peace officer,
commanding him to take a person into custody in order that he may be bound
to answer for the commission of an offense.
 As a rule, a warrant of arrest for the apprehension of unnamed party whom it is
to be served is void EXCEPT in those cases where it contains a description of the
person or such as will enable the officer to identify the accused

.
Warrant of Arrest = it is an order in writing issued in the name of the People of the
Philippines, signed by the judged and directed to a peace officer, commanding him
to take a person into custody in order that he may be bound to answer for the
commission of an offense.

As a rule, a warrant of arrest for the apprehension of unnamed party whom it is to

be served is void EXCEPT in those cases where it contains a description of the person
or such as will enable the officer to identify the accused.

The head of the office to whichthe warrant of arrest was delivered for execution
shall cause the warrant to be executed within ten (10) days from its receipt.Within
ten (10) days after the expiration of the period, the officer to whom it was assigned
for execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reason therefor.
2. Arrest without Warrant or Citizen’s Arrest or Warrantless Arrest – An arrest may
be lawfully be made without a warrant under certain limited conditions which
approximate the existence of probable cause as would justify the issuance of a
warrant of arrest.

A peace officer or a private person may, without warrant, arrest a person when:

a. in his presence, the person to be arrested has committed, is actually committing or

is about to commit a felony;
b. when an offense has in fact been committed, and he has personal knowledge of
facts indicating that the person to be arrested
has committed it; an
c. when the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another (Rules of Court, Rule 113, Sec. 5).

In the case of an arrest without warrant, the person arrested shall be forthwith
delivered to the nearest police station or jail and he may be subjected to an inquest
where the offense for which he was arrested requires preliminary investigation.
Where the arrest is made with a warrant, the officer executing the warrant shall also
deliver the arrested person to the nearest police station or jail without unnecessary
delay(Rules of Court, Rule 113, Sec. 7 and 3).

D. Search and Seizure

 refers to the legal act of searching of a personal property and taking custody for
such property for the purpose of bringing it to the court;
 Searches may be performed with or without court issued search warrants;
 To ensure validity of the search, the police performing the search and seizure
must be armed with search warrant;
 Search refers to the examination of an individual’s person, house, papers or
effects, or other buildings and premises to
discover contraband or some evidence of guilt to be used in the prosecution of a
criminal action.

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

 To obtain a search warrant from a judge, law enforcement agencies must supply
the address or description of the place or vehicle to be searched, the crime or
activities being investigated, and the things to be seized. It is issued when the
Judge has probable cause to believe the evidence sought is related to criminal
activity.
 The Constitutions declares that the right of the people to be secured their
persons, houses, papers and effects against unreasonable searches and seizures
of whatever nature and for any purpose shall be inviolable (1987 Constitution,
Article III, Sec. 2).

Requisites for issuing Search Warrant

1. Based on probable cause = refers to such facts and circumstances that would lead
a reasonably discreet and prudent man that an offense has been committed and that
the object sought in connection with offense are the place sought to be searched.
2. Must be in connection with one specific offense;
3. Must be determined personally by the judge;
4. Must be after examination under oath or affirmation of the complainant and the
witnesses he may produce;
5. And particularly describing the place to be searched and the things to be
seized(1987 Constitution, Article III, Sec. 2).Personal Property that can be subject to
Seizure
6. Property subject to the offense;
7. Property stolen or embezzled or fruits of the offense;
8. Property used or intended to be used as the means of committing an offense
(Rules of Court, Rule 126, Sec. 3).

Validity of Search Warrant = it shall be valid for ten (10) days from its date.
Thereafter, it shall be void (Rules of Court,Rule 126, Sec. 10). And it can be served
only once within its validity period;

It must direct that it be served in the daytime, UNLESS, the affidavit asserts that the
property is on the person or in the place ordered to be searched, in which a case a
direction may be inserted that it be served at any time of the day or night
(Rules of Court, Rule 126, Sec).
 Circumstances of Warrantless Search

1. When there is consent or waiver = when a person voluntarily submits himself to a

search, a warrant therefore is unnecessary. And if a person failed to object at the
time of the search, it is presumed that he consented to the search.
2. When search is an incident to a lawful arrest = for dangerous weapons or
anything, which may have been used or constitute proof in the commission of an
offense. Such a search incidental to a lawful arrest is justified by the need to disarm
the suspect in order to take him into custody and by the need as preserve on his
person for later use at trial.
It is made on a person arrested and of the immediate surrounding area to remove
any weapons that the arrested might seek to use in order to resist or affect his
escape and to prevent the concealment or destruction of evidence.

3. The Plain View Exception = the possession of articles prohibited by law is disclosed
to plain view or is open to eye and hand. And when an article is already in plain view,
neither its observation nor its seizure would involve any invasion of privacy. Such
article may therefore be seized without a search warrant. This exception applies only
where a police officer is not searching for evidence against the accused but
nonetheless inadvertently comes across such evidence whose incriminating nature is
immediately apparent.
4. Search of a moving vehicle
5. Customs search
6. Stop and frisk search, and
7. Exigent and emergency circumstances

E. Case Preparation

 it is the process of bringing together in organized and logical manner evidence
collected during the investigation of a crime and present it to the prosecutor.
 The investigator must be able to present to the prosecutor and prove before the
court the Corpus delicti (substance or the body of crime, it means that a specific
crime was committed at a specified time, date and place, and that the person
named in his report committed the crime.)

F. Criminal Investigation = It is an art, which deals with identity and location of the
offender and provides evidence of his guilt in criminal proceedings.

END OF LECTURE NOTES