CLJ!!

OVERVIEW:

PHILIPPINE CRIMINAL JUSTICE SYSTEM:

-The machinery (instrument, tools na pinag utilize ng government kung para saan ginagamit
si Philippine criminal justice system) of the state or government state or government, which
enforces the rules of conduct( written laws formulated and implemented by the government)
necessary to protect life and property and maintain peace and order.
It is a social institution and a system
As social institution:
( the system attempts to meet society’s needs for law and order) ginagamit para ma meet
ang standard ng society which is to provide protection and peace and order

As a system:
Criminal justice depend on due process involving the five pillars( composed in process and
depend in due process)

Characteristics of Philippine criminal justice system:

Source:
1. Spanish and Anglo American law
2. Common law (unwritten laws)
3. Criminal laws
4. Litigation is adversarial in nature

Adversarial approach (legal system in which is prosecution compete against each other and the
judge serve a referee to insure fairness to the accused and the legal procedure are followed)

Goals of criminal justice system:

Primary goal
1. protection of the members of society(
2. Maintenance of peace and order

Secondary goals:
1. Crime prevention(
2. Suppression of criminal conduct by apprehending the offenders for whom prevention is
ineffective
3. Review of the legality of preventive and suppressive measures( withing sa constitution ba
nagawa yung preventive)
4. Judicial determination of guilt or innocence of those arrested and or under trial.( goal
malaman kung guilty or innocence yung taong naaresto)
5. Legal and proper disposition of those found guilty(magiging tama ba yung mabibigay na
penalty of punishment ni judge)
6. Correction and rehabilitation of those persons who violates criminal law (mabibigay ng progra
kay convicted)

Different between crime prevention and crime suppression:

Crime suppression: done by criminal apprehension (may nangyayaring crime na)
Crime prevention: focus in one anatomy of crime which is the “opportunity”(open windows acts
by the victims unconsciously that give the criminal the chance for the successful of crime
Tinatanggal yung opportunity para maka commit ng crime yung criminal.
Wala pang crime na nangyayari

Basis of the Philippine criminal justice system:

It is based on the enacted criminal law( only violation of criminal law are being considered
and process in criminal justice system) (criminal law lag ang pinag pprocess ng criminal justice
system)

IF there is no violations of criminal law or whwere there is no commission of the crime in

general criminal justice as a process will not operate

Criminal law:
Is a branch of public law, which defines crime, treats of their nature and provides for their
punishment.

Revised penal code criminal law: define title definition of crime, prescribe of penalty of the
crime.
Title 8: crimes against persons
ARTICLE 246. parricide
- any person who shall kill his father, mother or child weather legitimate
or illegitimate or any of his ascendants or descendants or his spouse shall be
guilty of parricide.
Punishment: penalty of reclusion perpetua to death.

Basic principle law of criminal law:

2 principle law of criminal law
1. presumptions of innocence
a) It means that those who are accused of crimes are considered innocent until proven
guilty.
2. Burden of proof
a) It means that the government must prove beyond reasonable doubt that the suspect
committed the crime.
Prosecution :side of the government and side of the victims
Defense: side of the accused/suspect

Beyond reasonable doubt

Excluding all the possibility of error and procedures absolute certainty. ( accused ay guilty beyond
reasonable doubt. Tinatanggal nito ang lahat ng possibility na sila ay nagkamali.)

Criminal- it is considered as the main character or star of the criminal justice system.
(perpetuator, gumawa o violate ng criminal law)

Di gagana si si philippine criminal justice system kung wala si perpetuator since si perpetuator
siya gumagawa ng crime. Knowing na si philippine justice system gumagana lang siya if the
perpetuator vilate a criminal law.

The different views of criminal:

1. criminological sense
A person may be considered as a criminal from the time he or she committed the crime
regardless whether or not it has been referred or reported to the police for investigation ( ang tao
ay ma coconsider na criminal at the time he or she committed a crime)

2. Legal sense
A person may be considered a criminal only upon undergoing the judicial process and upon
determination by the court that he or she is guilty beyond reasonable doubt. ( yung tao ma
coconsider as a criminal when he or she undergo trials and makaroon ng judgment )

3. Criminal Justice Sense

A criminal may be defined as one who has undergone the process and went through all the
pillars of the criminal justice system. ( pag yung tao nag undergo sa 5 pillars considered na as
criminal.)

Pillars of the Philippine Criminal Justice System: overview

1. Law Enforcement
Can be PNP, AFP, NBI(one of the agencies sa local government)
Initiator of action
Prime mover (law enforcement is the first process, first step)
Its actions and decisions essentially control or dominate the activities of functions of the
other pillars. (makaka apekto sa ibang pillars kung ani ang magiging action ni law
enforcement)

OBJECTIVES:
1. CRIME PRVENTION
Prevention and suppression of crimes have traditionally been accepted as the primary
goal of the local police forces. (
2. CRIMINAL APPREHENSION
It is the responsibility of the police to identify, locate and apprehend offenders.
3. LAW ENFORCEMENT
It is the basic responsibility of the police to enforce the Law.
4. Order Maintenance
One of the most Troublesome responsibility of the police ( mahirap mag maintain
 peace and order sa magulong lugar)
5. CRIMINAL INVESTIGATION
One of the most vital participation of the police in the criminal Justice system (kasi eto
yung pinaka main task ni police officer sa criminal justice system buko sa pag aaresto ng
kriminal)
6. Public Service
The police is the most visible symbol of authority, they are called upon to assist in
situation.
7. Traffic Regulation and motor accident investigation
The police are expected to ensure road safety for both pedestrians and motors and
assist in case of accidents and emergencies.

2. Prosecution
National prosecutor under the department of justice
Task to determine of the legality of the action of the law enforcer. (tama ba yung way of
arresting the offender, tama ba way or process na ginawa ni law enforcer in investigating the
crime?)
Evaluate of evidence presented takes place. (pieces of evidence na endorse sakaniya ni
police officer in criminal investigation)
Finding of probable cause (hinahanap ni public prosecutor to preliminary investigation. Siya
ang existence ng facts and evidences) to warrant prosecution known as preliminary investigation.
The process whereby accusation are brought before a court of justice to determine the
innocence or guilt of the accused. (if the accused is guilty or innocence)

DUTIES OF A PROSECUTORS:
1.To conduct preliminary investigation
2.To make proper recommendation during the inquest of the case referred to them by the police
after the investigation of the suspect.
3.To represent the government or state during the prosecution of the case against the accused.

NATIONAL PROSECUTION SERVICE:

Public prosecutors is under the national prosecution service and national prosecution
service is under the department of justice
The principal prosecutory arm of the government.
Primary task is to investigate and prosecute all criminal offense defined and penalized under
the RPC and other special laws. ( jurisdictions )

PRELIMINARY INVESTIGATION:
Inquiry of proceeding to determine whether there is a sufficient ground to engender a well
founded belief that a crime has been committed and the respondents is probably guilty thereof
shall be held on trial. (determine if there is a probable caused)
 It is required to be conducted before the filing of the information for an offense where the
penalty prescribed by law is at least four year, two months and one day. ( required magka
preliminary investigation )

PERSON WHO MAY CONDUCT PRELIMINARY INVESTIGATION:

1. Provincial or city prosecutors and their assistance.
2. National and regional state prpsecutors
3. Other officers as may be authorized by law;
Tanod bayans special prosecutors as authorized by the ombudsman, Comelec’s
authorized legal officers( only in election laws), special prosecutors appointed by secretary
of justice

3. Court
Composed of supreme court(highest court), regional trial court, municipal trial court,
family courts etc.
An organ of the government belonging to the judicial department whose function is the
application of the law to controversies brought before it and the public for administration of
justice.
Judicial determination of the guilt or innocence of the accused is under consideration. (task)

DIFFERENT COURT IN THE PHILIPPINES:

1.SUPREME COURT- HIGHEST COURT
2.Court of appeals
3.Court of tax appeals
4.Sandigangbayan
5.Regional trial court
6.Municipal and city courts
7.Shari’a courts

CRIMINAL JURISDICTION
It is the authority to hear and try a particular offense and impose the punishment for it
(gives authority in judicial court.

REQUISITES FOR VALID EXERCISES OF CRIMINAL JURISDICTION

1. Jurisdiction over the subject matter
Where in the offense, by virtue of the impossible penalty or its nature, is one which the
court is by law authorized to take cognizance of.
2. Jurisdiction over the person of the accused
The person charged woth the offense must have been brought to its presence for trial,
forcibly by warrant of arrest of upon his voluntary submission to the court.
3. Jurisdiction over the territory
The offense must have been committed of any of its essential ingredients took place within
the territorial jurisdiction of the court. It cannot be waived and where the place of the
commission was not specially charged, the place may be shown by evidence.
4. Correction pillars
Composed of institutional corrections :bjmp(dilg),bucor ( department of justice. Non
institutional corrections (department of justice, bureau of parols
It the Branch of administration of criminal justice charged wth the responsibility for the
custody supervision and rehabilitation of convicted offenders.
The purpose of which is prevention a repetition of the unlawful activities without necessity
of taking punitive action.
Rehabilitation and reorientation of those judicially found guilty will takes place.

PENOLOGY
A branch of criminology which deals with the treatments, management and administration
of inmates.

PENALTY
The suffering that is inflicted by the state for the transgression of the law

THEORIES OF JUSTIFYING PENALTY

1. THEORY OF PREVENTION
The state punishes the criminal to prevent of suppress the danger to the state and to the
public arising from the criminal acts of the offender.
2. SELF DEFENSE THEORY
The state punishes the criminal as a measure of self-defense and to protect the society from
the threat and wrong inflicted by the criminal.
3. REFORMAION THEORY
The state punishes the criminal to help him reform or be rehabilitation.

4. EXEMPLARITY THEORY
The state punishes the criminal to serve as an example to others and discourage others from
committing crimes.
5. JUSTICE THEORY
The state punishes the criminal as an act of retribution justice, a Vindiction of absolute right
and moral law violated by the criminal.

JUDICIAL CONDITIONS OF PENALTY

1. Judicial and legal
The penalty must be imposed by the proper authority and by the virtue of a judgment as
prescribed by law.
2. DEFINITE
Penalty must be specific and exact
3. COMMENSURE
Penalty must be proportional to the gravity or seriousness of the crime committed
4. PERSONAL
Penalty must be impose only to the person who actually committed the crime with no
substitution.
5. EQUAL
Penalty must be applied to all who committed the offense.

2 approaches of corrections
1. Institutional Correction
Rehabilitation or correctional programs take place inside correctional facilities or institutions
such as national penitentiaries and jails.
2. Non- Institutional Correction
Rehabilitation or correctional programs takes places within the community
Community base corrections.

5. Community - informal pillar

Community as a pillar is very indispensable in the system because in the absence of citizen’s
assistance, the criminal justice system will not be able to handle effectively the complicated task
of preventing and controlling crime.

THE SUCCESS OF THE CJS SPECIFICALLY THE COMMUNITY PILLAR WILL BE BASED ON THE ROLE
PERFORMANCES OF THE FOLLOWING:
1. THE FAMILY
2. THE BARANGAY
3. THE SCHOOL
4. THE GOVERNMENT
5. THE PRIVATE SECTORS
6. THE CHURCH
7. THE MASS AND SOCIAL MEDIA