Professional Documents
Culture Documents
CRIMINAL JUSTICE
SYSTEM
By
DR. RUBEN A. STA. TERESA
Justice
– is a social norm providing guidance for
people in their dealings with one
another; as a standard against which
actions are evaluated; and as a
prescription for requirement that people
act justly.
Schools of Thoughts about Justice:
Procedural Justice
• Is that which is concerned with how the law is administered – in other
words, what mechanisms or process are used applying the law and
making decisions in specific cases.
• In criminal justice, the term refers to how offenders are brought before
the bar justice and the procedures used in gathering and presenting
evidence, determining the guilt or innocence of the accused, and
deciding on the sentence to be imposed on those convicted.
Law
• It is major input to the criminal justice system.
It is a society’s primary instrument for making
known what acts are crimes and what
sanctions may be applied to those who
commit acts defined as crimes.
• It is method of social control that is formally
enacted or promulgated by the agencies or
agencies of government duly authorized in
that society to make law and that is subject to
interpretation by and through the courts.
Forms of Law:
• Common Law – known in other countries as the
body of principles, practices, usages and rules of
action
• Statutory Law – a legislated law; or made by
legislatures
• Case Law – law made by justices in cases decided in
the appellate courts especially by the Supreme Court.
Types of Law:
• Civil Law – law which has something to do with such
things as contracts, wills, inheritances, marriage,
property, divorce, adoption and the like, and with
private injuries which are called “torts”.
• Criminal Law – is that branch or division of law which
defines crimes, treats of their nature and provides for
their punishment.
The Criminal Justice System
• It is the system in the community charged with direct responsibility
for the prevention, reduction and control of crime.
• It operates by linking the police, prosecuting agencies, courts,
correctional institutions, and the mobilized community to form an
operational cycle designed to promote justice for criminal victims
as well as those who are accused and convicted of crimes.
• It is “the system or process in the community by which crimes are
investigated, and the persons suspected thereof are taken into
custody, prosecuted in court, and punished if found guilty,
provision being made for their correction and rehabilitation.”
(Handbook on the Courts and the CJS, by Chief Justice Andres
Narvasa, 1996, p27)
• As a system, it is the machinery which society uses in the
prevention of crime.
• As a process, it refers to the “orderly progression of events from
the time a person is arrested or taken out of the community,
investigated, prosecuted, sentenced, punished, rehabilitated, and
eventually returned to the community.” (UNAFEI Publication,
Tokyo, 1981 p18)
Stages of the Criminal Justice Process
• There are five (5) stages in the criminal justice process:
• Arrest - it is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
• Two distinct sequences of steps following the detection of a
crime:
• Police Observation – Arrest – Booking – Investigation
• Complaint – Investigation – Arrest – Booking
• Charging – the prosecution will decide whether the suspect will be
tried for the commission of a crime.
• Complaint – is a sworn statement charging a person with an
offense, subscribed by the offended, any peace officer, or
other public officer charged with the enforcement of the law
violated.
• Information – is an accusation in writing charging a person with
an offense, subscribed by the prosecutor and filed with the
court.
Adjudication – formal charges are filed againts the accused.
• Defenses against Criminal Charges
The Defense of Alibi
The Defense of Insanity
The Defense of Instigation
The Defense of Duress
The Defense of Consent
The Defense of “Violation of the provisions of the Bill of Rights”
• Trial Procedure
• The prosecution shall present evidence to prove the charge;
• The accused may present evidence to prove his defense;
• 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 evidence;
• Upon admission of the evidence of the parties, the case shall be
deemed submitted for decision. (RoC, Rule 119, Sec. 11)
a social problem,
a political problem,
a spiritual problem, and
an economic problem
Criminal Justice System
“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”.
Law
VIOLATOR Prose- Correc-
Enforce- Judicial
cution tional
ment
BARANGAY
POLICE ENDORSEMENT
( for second pillar of justice)
PROCEEDINGS UNDER KATARUNGANG PAMBARANGAY
Offended Party files Verbal or
Punong Barangay COURT OF
Written Complaint/Statement
PANGKAT TAGAPAYAPA PROPER
JURISDICTION
ALL DISPUTES
Except:
SUMMONS
1) One party is the gov’t., et. al.,
2) One party is a public officer/
SUMMONS
employee, & dispute refers to his
official functions; Conciliation
3) Offense is punishable by
Imprisonment>1 yr; of a fine>
P5,000.00;
Hearing
4) Offenses where there is no Constitution of
SETTLED?
Private offended party; the Pangkat
5) Involving lands located in Tagapayapa
different cities/municipalities SETTLED?
except when the parties agree;
6) Parties residents of different, YES NO
but not adjacent, barangays of CERTIFICATE TO
Different municipalities/cities; YES NO FILE ACTION
7) Such other disputes which
may be included by the President.
Execution,
By Lupon w/in 6 mos. fr.
Settlement; thereafter,
Repudiation
by the courts
By Motion
LAW ENFORCEMENT AGENCIES IN
THE PHILIPPINES
Philippine National Police
National Bureau of Investigation
Philippine Drug Enforcement Agency They enforce
L the laws, and
Bureau of Internal Revenue
A rules and
Land Transportation Office
W regulations of
A Bureau of Customs
the government
E G Food and Drug Administration in accordance
N E Philippine Coast Guard with their
F N Philippine Aviation Security Command defined
O C functions,
R Maritime Industry Authority
I duties and
C E Bureau of Forest Development responsibilities
E S Bureau of Fish and Aquatic Resources within their
M Air Transportation Office respective
E jurisdictions
N Department of Environment and Natural Resources
T Department of Foreign Affairs
Government owned and controlled
Corporations with their own Police System
OTHER GOVERNMENT AGENCIES THAT HAVE
SPECIAL POLICE POWER DESIGNED TO
EFFECTIVELY IMPLEMENT THEIR MANDATES
IN ACCORDANCE WITH PERTINENT LAWS:
Bureau of Immigration (BI) – an attached agency under the
Department of Justice, is tasked to enforce the immigration laws of the
country. It investigates and arrests illegal and undocumented aliens ,
foreign fugitives and criminals operating in the country.
Four Services:
(1) General Investigation Services;
(2) Special Investigation Services;
(3) General Administrative Services;
(4) Technical Services
- An organic office of the Department of Justice to aid the State
Prosecutors
Origin of National Police ( NAPOLCOM):
Republic Act No. 4864, dated September 8, 1966, otherwise
known as the Police Act of 1966 – created the Office of the
National Police Commission (NAPOLCOM), originally Police
Commission (POLCOM), under the office of the President. – it is
the supervisory agency to oversee the training and
professionalization of the Local Police Forces.
Executive Order 1040, dated July 10, 1985 – transferred the
administrative control and supervision of the Integrated National
Police (INP) from the Ministry of National Defense (MND) to the
office of the National Police Commission. The NAPOLCOM
serves as the Presidential arm in all matters affecting the
Integrated National Police.
Presidential Decree No. 765, dated August 8, 1975 – the
training and communication branches which were taken and
transferred to the PC/INP from the NAPOLCOM. Jurisdiction of
the Hearing Officers of the NAPOLCOM to investigate
administrative complaints against members of the police forces
and their claims for permanent disability and death benefits.
PHILIPPINE POLICE SERVICE
HISTORY
SPANISH REGIME (Up to the 19th)
-Police service: part of military system of the defense of colony.
The suppression of brigandage by patrolling unsettled areas,
Detection of local or petty uprising, and
The enforcement of collection, including church revenues.
-American Occupation
•Came after Filipino-American War from 1898 to 1901.
•November 30, 1990: Insular Police Force was recommended to be organized
•July 18, 1901,
The Philippine Constabulary (PC):
• Act No. 197, dated July 18, 1901 – an act providing
for the Organization and Government of an Insular
Constabulary.
• Act No. 255 Section 1, dated October 3, 1901 –
Philippine Constabulary – is a National Police Institution
for preserving the peace and for keeping and enforcing
the law.
• Commonwealth Act No. 343, dated June 23, 1938
and Executive Order No. 389, dated December 23,
1950 – the Philippine Constabulary is the existing and
organized National Police Force of the Country.
• PD 765 – INP-PC Integration in 1975.
• Republic Act No. 6975 – The DILG Act of 1990
• Republic Act No. 8551 – PNP Reform and
Reorganization ACT 1998
PROSECUTION: IT’S
CONCEPTUAL MEANING
Prosecution:
It is the process or method whereby accusations
are brought before a court of justice to determine
the innocence or guilt of the accused. It is also
the institution for continuation of a criminal suit
involving the process of exhibiting formal
charges against an offender before a legal
tribunal and pursuing to final judgment on behalf
of the State or Government.
PROSECUTION IN THE
PHILIPPINES
Preliminary Investigation:
Trial by Ordeal
• It was believed that the gods protected the innocent and
punished the guilty.
• Through the ordeal the gods revealed divine truth to the
people.
Judicial Power
• Shall be vested in the Supreme Court and in such inferior
courts as may be established by law.
• It is the power to apply the laws to contests or disputes
concerning legally recognized rights or duties between the
State and private persons or between individual litigants in
cases properly brought before the judicial tribunal.
• Scope of Judicial Power:
• To pass upon the validity or constitutionality of the laws of
the State and the acts of the other departments of the
government;
• To interpret and construe them;
• To render authoritative judgments; and
• Incidental powers necessary to the effective discharge of
the judicial functions such as the power to punish persons
adjudged in contempt.
• Significance of the Court in the Administration of Criminal
Justice
• The courts under the Constitution are entrusted with the
function of deciding actual cases and controversies.
• They do not participate actively in the process of
administration, but are rather tasked with adjudication by
applying the law to the facts as established.
Organization of Courts:
Regular Courts – Act of 1980, otherwise known as the Batas Pambansa
Blg. 129:
• The supreme courts of the Philippines.
• Court of Appeals
• Regional Trial Courts –
• Metropolitan Trial Courts – Metro Manila area and other metropolitan area
• Municipal Trial Courts – For City or municipality area
• Municipal Circuit Trial Courts – comprising of two or more municipalities.
Special Courts:
• Court of Tax Appeals – Created under RA 1125 – has exclusive appellate jurisdiction
to review on a appeal the decisions of the Commission of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of Customs involving
customs duties.
• Sandiganbayan – Created under PD 1606 – involving government employee in
connections of their duties and functions.
• Sharia Court- try cases on Muslim laws and traditions.
Quasi-Judicial Bodies:
• National Labor Relations Commissions (NLRC) -
• Commissions on Elections (COMELEC) -
• National Police Commission (NAPOLCOM); and –
• Others Constitutional bodies.
Jurisdiction – it is the power possessed by a person or a body of men to
dispose of a cause or question judicially.
• Jurisdiction of Courts:
• General – When it is empowered to decide all disputes which may
come before it, except those assigned to other courts.
• Limited – When it has authority to hear and determine only a few
specified cases.
• Original – When it can try and decide a case presented for the first
time.
• Appellate – When it can take a case already heard and decided by
a lower court removed from it by appeal
• Exclusive – When it can try and decide a case which cannot be
presented before any court.
• Concurrent – When any one of two or more courts may take
cognizance of a case.
• Criminal – That which exists for the punishment of crime
• Civil – That which exists when the subject matter is not of a criminal
offense.
• Parole -
COMMUNITY: It’s Role in the CJS