PHILIPP) TNE CRIMINAL JUSTICE SYSTEM The first settlers in the Peustion usand of years Bef« F ‘ippines were beli ‘ yo wandered from ond on st. These settlers were tiseds Noe ee wh ve with chickbo - lace to another in search of food. H lomads were those eee y who wandered from one place lence, nomads were ee . Nomads were in search of f place to another but their search of pleasure. e food, while chickboys were in These nomads soon reali: themselves and settle in one ech that there was a need for them to group ind planting vegetables. When grou = to help one another in raising animals ai ered. when’ members of ths Pe together, however, problems were against the others. They realized that ther Suna, commniiied somes Mirections agri T offenders and conduct tal ee was a need for them to organize a body practiced to determine whether a eae trial by ordeal and the like were Under the trial by ordeal, a person ees guilty or not guilty of a charge. aes ich may hart him ike the act of pling tlc onde ts telling al ee hurt, he was declared guilty; otherwise ee ands in boiling water. Ifhe got based on the belief duiring that time that God ee Sed as When Magellan came here in the Philippines en Monch 16, 1521 was. significant part of history, not only in the Philippines but ‘alco in the f e mn atonal community. After Magellan came here, it was found out that the world w a d. It was also found out that there were already organized settlers here ‘nthe Philippines being governed by local chieftains, like Sultans and Rajahs. Each” eae Rajah headed a Barangay and he was the one charged with conducting jal anc ins i i ie wal and Pitching ae a ee ee eee ee As time passed by, things ‘and crimes became complicated to deal with so it was argued by Cesare Beccaria in his book entitled “Essay on Crimes and Punishment” that government agencies that could swiftly detect, try, and punish offenders must be created. This book provided for a blue print of the Criminal Justice System. (Seigel & Senna, 2005) At present, the Philippine government provided for a manner how to deal with persons who are arrested for the commission of a crime. It also provided how arrested persons undergo a preliminary investigation and inquest proceeding, how their cases are being heard, how they are being punished in case of conviction, and how they are reintegrated in the community after serving their penalty. (Personal Interview with Fiscal Sagsago, 2007)£X= convict. Hi refer to a person charged with an adminictatrs eo term respondent may also verb, it refers to the ast tense of ynonymous with th Pi accuse. The term Reyes, 2008) le word sue. (Bloomsbury, 201 + What i the definition of crime and what are its classifications? time is an actor omission puni iddi dae rope Ste punishable by law, forbidding or There are acts which the 1: a law forbids us from committing it like the act of killing another for we may be liable for the crime of homicide, murder, or any be. There are also acts which the law commands may be liable for it like the crime of Refusal to © under Article 234 of the Revised Penal Code. This any person.who has been elected by popular election legal motive, to be sworn in or to discharge the duties us to perform; otherwise, we Discharge Elective Offic ctime is committed by but he refuses, without of said office. The legal classifications of crime: The legal classifications of crime are the following: a. According to the law punishing it; © Felony; * Offense; and * Violation or Obstruction of Ordinance. Take Note: In most discussions in this book or in* ordinary communication, however, the terms crime, felony, and offense may be used interchangeably. b. According to presence or absence of intent; * Intentional crime; and * Culpable crimes. c. According to gravity; * Grave; «Less ~ grave; and * Light felonies. d. According to impact to the society; and * Crimes mala inse; and * Crimes mala prohibita.. e. According to'presence or absence of attempted and frustrated stage. * Formal crimes; and : © Material crimes. (Lectire of Humiding, 2003; Garcia & Gaicia, 2002: Reyes, 2008)of crime need not be discy,. | : ther classifications eee Re: Take Note: (1 ‘he a ‘ned that they were already ot oa et ta the sutpe because it is pre vere jiscussi coin troduction Intro ‘ re riminology. THe, Cece Criminal Law One} classifications s may also be done i Rae 4 criminal if he is convicteg «, 3. As stated above, a perst 7 on is considere' sie of convicts crime by a final judgment. When does jude! 2. becs ? 4 fms of conviction becomes final in Judgment ‘eal; a. Aner the lapse of fifteen (15) 4a¥° toapree b. When the accused waives Bis right to 20 pee e When te gooused applies for Prob"! TY ene Supreme Court and any of the following instances, When the case is decided with fin OY ee ee 200 right to file a motion for reconsideration ! . Take Note; The term “waive” used in letter “b” means renounce, It must be stressed further that the term judge is one letter “e" 44 the term judgment is spelled without letter “e. (Bloomsbury, ) ‘ ition of justice? 4. What is the definition of ) hat are due or treating persons equayy Justice is the act of rendering w! Z 5 ‘These persons must, however, fall within the same classification. (Gacayan, 2004 5. What is the meaning of “classification” used in the preceding question? Classification means that the Congress may classify a group or groups persons to whom a certain law is applicable. " ‘The bases of a valid classification are as follows: a. Such classification rests upon substantial distinctions; b. It is germane to the purposes of law; ©. Itis not confined to existing conditions only; and | @ It applies equally to all members of the same class. (Garcia & Garcia, 2002) | Sample Case: Mr Bravo and Mr. Abon were convicted of a crime so they were thrown i serve the maximum penalty of five (5) vears_imprisonment. They questioned’ they imprisonment _because according to_them, their imprisonment violated thi protection clause of the Constitution for they cannot eat at McDonaid’s nd. ol | anymore lke what other persons are doing. Are they correct? oo io, Mr. Bravo and Mr. Abon are not correct because convictic ; se conviction ime ju imprisonment, They belong toa class (convicts) different from tho: perinen ee se who did not commit Sample Case: Int i : he preceding question, Mr. Bravo and is the grant of probatic ion clause of the Constitu art of the ae eation to Mr. Bravo and denial to Me abe ea in other ur resul to injustice 0) No, Take Note: Mr. Abon Constitution resutting ‘Mr. Bravo but probatioy may ae violation of the on his nn was granted to Me "Dee i Eee qual Protection clause of the Phi Oe cen he is in exact circumstance! nd not to him. (Gacayan, 2005)re 7. What is the meaning of syste! |. What is the meaning of Crimi eed elements organized into a ¢, i ination o} . (Bloomsbury, 2007 System is a. combilsithe process to be followed. (Bloomsbury, 2007) . It may IS . whole. It may nal Justice System? ioe ice System is the machinery Be ae eeiee ae in Criminal Justice vr crime. It may also refer to he gotality ofthe acti De and cory prosecution, court, correction, yin os nforcement, of Jaw fon and control. (Tradio, 1986) ; ; ice the_pillars_of the criminal justice ‘system? Briefly state What_are faa re of the Criminal Justice System, together with their function e pi are as follows a. Law enforcement agencies/Police; i lice conducts arrest, seq law enforcement agencies or po st, sea seme! This is the known as the prime mover or front liner of Criminal Justice System. Take Note: It is not accurate, however, to consider Law Enforcem, agencies to be exactly the same with Police..This is because there other agencies of the government which are charged with enforcing aside from the Philippine National Police. As for instance, the Bureay 4 Internal Revenue (BIR) enforces tax laws. Hence, the BIR may also considered as a law enforcement agency. * 3 b. Prosecution; |} The prosecution conducts preliminary investigation to determi the existence of probable cause. It may also conduct inquest proce to determine the validity of the arrest of a person who allegedly committe a crime. If it finds out that there is probable cause in a preliminar investigation or if the arrest is valid in an inquest proceeding, it mug execute an information to be filed in court. 4 c. Court; The court conducts trial to determine whether the accused is guilt or innocent of the charge. d. Correction; and The correction reforms and rehabilitat as the weakest pillar of Crimin, e. Community. The community molds person: Genders back to their home. this is ‘rrera, 2000; Reyes, 2008; Mz es offenders. This is know al Justice System, 's from birth’ and reintegrat known as the core of Cri lanwong & Foronda, 2009) : Justice System, (Her