WHAT IS CRIMINAL JUSTICE SYSTEM?

-it is "the machinery of the state or government", which enforces the rules of conduct necessary to
protect Life and property and maintain peace and order.

3 BRANCHES OF THE GOVERNMENT - CHARLES MNTEQIUE

EXECUTIVE- implementation of the law.
LEGISLATIVE- making of laws. congress(Senate & house of representatives)
JUDICIARY- interpretation of laws. court

CRIMINAL IN CJS
LAW ENFORCEMENT- person under police custody
PROSECUTION- respondent
COURT- accused
CORRECTION- person deprived of liberty
COMMUNITY- client

CRIMINOLOGICAL POINT OF VIEW

-a person who committed a crime
*the moment na nahuli ka na nag commit ng crime you are now considered criminal
LEGAL POINT OF VIEW
-a person who has found guilty by final judgement by court of competent jursidiction

APPROACH OF CRIMINAL JUSTICE SYSTEM AND AND AS ASSUMPTION OF INNOCENCE OR

GUILT
(ADVERSARIAL APPROACH) DUE PROCESS MODEL
The person of the accused is presumed innocence until proven guilty beyond reasonable doubt.it is the
duty of the prosecution to prove that the accused is guilty (presumption of innocence)

(INQUISITORIAL APPROACH) CRIME CONTROL MODEL

The accused is pesumed guilty and it is his obligation to prove his innocence. Ex,battered woman
syndrome. Exempting circumstance and justifying.(burden of proof must be needed)

DEGREE OR QUANTUM OF EVIDENCE

-PROBABLE CAUSE
-SUBSTANTIAL EVIDENCE kinakailngan sa administrative case. Yung public official ay may kaso sa
trabaho
-PREPONDERANNCE kinakailngang evidence sa civil case. May kinalaman sa gawan ng lupa
-CLEAR AND CONVINCING EVIDENCE kinukumbinse mo yung korte na malinaw yung ebidensya na
nagpapatunay na ikaw ay inosente
-PROVE BEYOND REASONABLE DOUBT “MORAL CERTAINTY” hinahanap na evidence kapag
criminal case.
-OVERWHELMING EVIDENCE highest form of evidence

BRIEF HISSTORY OF KATARUNGANG PAMBARANGAY

PD 1293- the law creating a katarungang pambarangay
PROMULGATED ON 27 JANUARY 1978
PD 1508- the law establishing a system of amicable settling dispute at the barangay level

3 COMPONENTS OF KATARUNGANG PAMBARANGAY

-PEACE MAKING COUNCIL / LUPONG TAGAPAMAYA
*chairman, secretary, 10-20 members. 3yrs
-PANGKAT TAGAPAGKASUNDO / CONCILIATION
-LEGAL ADVISERS

l. LAW ENFORCEMENT
-initiator of action / prime mover. Tasked with the arrest of law violator
-it aims to prevent crime, maintain order, enforce the laws and apprehend criminal
-arrest, search and seizure

ll. PROSECUTION
-it aims to investigate and prosecute those who had been arrested
-the filing of the complaint by the police to the prosecutor signals the beginning of the role of the
second pillar

WHAT ARE SOME OF THE FUNCTIONS OF A PROSECUTOR? (PIRLA)

-To conduct preliminary investigation(PI)
-To make proper recommendation during the Inquest of a case
-To represent the government or state during the prosecution of the case
-To act as Law officer of the province or city in the absence of legal officer.
-To investigate administrative cases filed against state prosecutors.

WHO MUST PROSECUTE CRIMINAL ACTION?

All criminal actions either commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor.

Ill. COURT
-a person accused of committing a crime undergoes trial and is either judged as guilty or not guilty by
the judge

COURT is a government entity authorized to resolve legal disputes through the judge

WHAT ARE THE DIFFERENT COURTS IN THE PHILIPPINES?

-regular
-special
-collegiate
-lower courts

WHAT ARE THE REGULAR COURTS?

(SAR-4M)
-Supreme Court
-Court of Appeals
-Regional Trial Courts
-Metropolian Trial Courts
-Municipal Trial Courts in Cities
-Municipal Trial Courts
-Municipal Circuit Trial Courts

•THE SUPREME COURT(reg.courts)

-How many justices composed the supreme court? (Sec 4, Art 8, PC)
(1)The Supreme court shall be composed of a chief justice and fourteen associates justices. It may sit
en bane or in its descretion, in divisions of three, five, or seven members, any vacancy shall be filled
within ninety days from the occurence thereof.

•COURT OF APPEALS(reg.courts)

-what law created the court of appeals?

This was established under Batas pambansa bilang 129 known as "the judiciary Reorganization Act of
1980"

-what is the composition of the court of appeals?

The court is composed of 1 Presiding justice and 68 associate justices. They are all appointed by the
president.
-It operates in 23 division, each comprising of 3 members

•REGIONAL TRIAL COURTS(reg.courts)

(Second level court formerly known as court of first instance)

-generally, it has jurisdiction over criminal cases where the impossible penalty is more than six year
imprisonment.

WHAT ARE THE SPECIAL COURTS?

(TSSS)
-Court of Tax Appeals
-Sandiganbayan
-Shari'a District Courts
-Shari's Circuit Courts

WHAT ARE THE COLLEGIATE COURTS? (SAST)

-Supreme Court
-Court of Appeals
-Sandiganbayan
-Court of Tax Appeals

•SANDIGANBAYAN(collegiate courts)

-what law created the sandiganbayan?

This is a special court established under Presidential decree No.1606, its rank is equivalent to the
court of appeals, it is a special court tasked to handle criminal cases involving graft and corruption and
other offenses committed by public officers and employees in connection with the performance of their
function or the so called service-connected duties .
-It sit in 5 division of 3 justices each.

WHAT ARE THE LOWER COURTS?

1.court of appeals
2.sandiganbayan
3.court of tax appeals
4.regional trial courts
5.metropolian trial courts
6.municipal trial courts in cities
7.municipal trial courts hi
8.municipal circuit trial courts
9.shari'a district courts
10.shari'a circuit courts

IV. CORRECTION

-rehabilitation of offender
-jail or prison

-jails are intended for short sentences and temporary confinement while prisons are for felony
sentencing longer than a year.

V. COMMUNITY

-parole or probation

-A convict who has been sentenced to less than 6 years imprisonment without recourse to an appeal
may apply for probation.

-probation is a community supervision option that does not require the convicted person to spend time
in jaiil.

-Probation periods commonly last for three months, six months, or a year.