Criminal justice system

Criminal Justice System is the machinery used by the society to prevent, control, and suppress
the commission of the crime and provide and maintain justice.

System’s characteristics

System has identifiable components.

System’s components constitutes an identifiable whole

The system’s components are interdependent.

the system operates within the environment.

What is the basis of the Criminal Justice System?

It is based on the enacted criminal law.

CRIMINAL LAW

Is a division of law which defines crimes, treats of their nature and provides for it’s
punishment.

GOALS OF THE CRIMINAL JUSTICE SYSTEM

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.

LAW ENFORCEMENT PILLAR

Law enforcement is a pillar of the criminal justice system which has the specific responsibility of
maintaining law and order and combating crime within the society.

Policing is the maintenance of law and order by a police force.

Early Policing:

it did not always involve coercion

there was a crucial distinction between the people who were legally endowed with
policing responsibility and the people who actually carried out policing duties.

the police performed a very wide array of tasks, ranging from garbage disposal to
firefighting, that had little direct relation to crime control and prevention.

HENRY FIELDING

1748- appointed as magistrate

• Formed the first detective force named

Bow street runners-

a paid police force with the intention of preventing and fighting crime.

seven paid constables to patrol the streets of London

*1798 marine police force

Sir Robert Peel- father of the modern policing system

The Peelian principles summarise the ideas that Sir Robert Peel developed to define an ethical
police force.

Peels Principles

1. To prevent crime and disorder, as an alternative to their repression by military force and
severity of legal punishment.
2. To recognise always that the power of the police to fulfil their functions and duties is
dependent on public approval of their existence, actions and behaviour, and on their
ability to secure and maintain public respect.
3. To recognise always that to secure and maintain the respect and approval of the public
means also the securing of the willing co-operation of the public in the task of securing
observance of laws.
4. To recognise always that the extent to which the co-operation of the public can be
secured diminishes proportionately the necessity of the use of physical force and
compulsion for achieving police objectives.
5. To seek and preserve public favour, not by pandering to public opinion, but by constantly
demonstrating absolutely impartial service to law, in complete independence of policy,
and without regard to the justice or injustice of the substance of individual laws, by
ready offering of individual service and friendship to all members of the public without
regard to their wealth or social standing, by ready exercise of courtesy and friendly good
humour, and by ready offering of individual sacrifice in protecting and preserving life.
6. To use physical force only when the exercise of persuasion, advice and warning is found
to be insufficient to obtain public co-operation to an extent necessary to secure
observance of law or to restore order, and to use only the minimum degree of physical
force which is necessary on any particular occasion for achieving a police objective.
7. To maintain at all times a relationship with the public that gives reality to the historic
tradition that the police are the public and that the public are the police, the police being
only members of the public who are paid to give full-time attention to duties which are
incumbent on every citizen in the interests of community welfare and existence.
8. To recognise always the need for strict adherence to police-executive functions, and to
refrain from even seeming to usurp the powers of the judiciary of avenging individuals or
the State, and of authoritatively judging guilt and punishing the guilty.
9. To recognise always that the test of police efficiency is the absence of crime and
disorder, and not the visible evidence of police action in dealing with them.

POLICE

Refers to those who are tasked to protect life, liberty and property of the people, prevent the
crime, apprehend offenders .

POLICE ETYMOLOGY

Politia- from latin word meaning office of civil administration.

Politeia- from Greek word meaning government of a city.

Police- from French word applied to a person who enforces the law.

Policing is the initial process in the entire criminal justice system. The law enforcement are
considered as the first initiator of the process which has the functions of:

1. Crime Detection
2. Crime investigation
 3. Apprehension of suspects
4. Search and Seizure
5. Case Preparation

CRIME DETECTION

This police activity begins with:

1. the Discovery that a crime has been committed.

2. The identification of suspects.
3. The collection of sufficient evidence to indict the suspected criminal.

Several ways on how crime is being detected by the police:

1. Receipt of citizen complaints or calls for assistance

2. Receipt of signals from alarm devices.
3. Observation by officers on patrol of suspicious behaviour, a crime in progress, or the
aftermath of a crime.
4. Observation of the planning or execution of crimes by pro- active measures.

RESPONSE TIME- is the time that elapses between receipt of the call or alarm and the arrival
of the responding officer at the crime scene.

CRIME INVESTIGATION

Is a police activity directed toward the identification and apprehension of alleged criminal and
the accumulation, preservation and presentation of evidence regarding the alleged crime.

APPREHENSION OF SUSPECTS

It is the seizure and arrest of a person suspected for committing criminal actions.

Arrest- is the taking of a person into custody in order for him to answer for the commission of an
offense.

How is an arrest made?

1. An arrest is made by an actual restraint of a person to be arrested,

2. 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 greater restraint than is necessary for his detention.

WARRANT OF ARREST

It is an order in writing issued in the Name of the People of the Philippines, signed by a judge,
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 a crime.

When is warrantless arrest lawful?

 A: When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense (In Flagrante Delicto);
 B: When an offense has just been committed and he has probable cause to believe
based on personal knowledge or facts or circumstances that the person to be arrested
has committed it (Hot Pursuit); and
 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 is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another (Prisoner arrest).
SEARCH AND SEIZURE

SEARCH WARRANT
It is an order in writing issued in the Name of the People of the Philippines, signed by a judge,
and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.

WHEN IS WARRANTLESS SEARCH LAWFUL

1. Warrantless search incidental to a lawful arrest.

2. Search of evidence in plain view

Under the plain view doctrine, objects falling in the plain view of an officer who has a right to be
in the position to have that view are subject to seizure and may be presented as evidence. The
plain view doctrine applies when the following requisites concur:

 (1) law enforcement officers in search of evidence have a prior justification for an
intrusion or are in a position from which they can view a particular area;

 (2) the discovery of the evidence in plain view is inadvertent; and

 (3) it is immediately apparent to the officers that the item they observed may be
evidence of a crime, a contraband or is otherwise subject to seizure.

3. Search of a moving vehicle.

4. Consented warrantless search.
5. Custom search.
6. Stop and frisk
7. Exigent and emergency circumstances
8. Search for prohibited materials or substances at the airport entrances.

CASE PREPARATION

It is the process of bringing together in an organized manner all evidence collected during
the investigation of a crime and present it to the prosecutor.

CRIME PREVENTION (The primary goal of police/ law enforcement)

Crime prevention is defined as “the anticipation, the recognition, and the appraisal of a crime
risk and the initiation of action to remove or reduce it.

Triangle of Crime:

1. Desire
2. Ability- possession of the means or skill to do something.
3. Opportunity

STAGES OF CRIME PREVENTION

a. Primary prevention- is directed at stopping the problems before it happens.

b. Secondary prevention- seeks to change people, typically those at high risk of embarking
on a criminal career.
c. Tertiary prevention- focuses on the operation of the criminal justice system and deals
with offending after it has happened.

Discretion allows officers to choose different course of action, depending on how they perceive
their duty.
Police Discretion is the wise use of one’s judgement in a police situation requiring immediate
and decisive action.

LAW ENFORCEMENT AGENCIES

• Philippine National Police

• National Bureau of Investigation

• Philippine coast guard

• Philippine Center on Transnational crime

• Department of Environment and Natural Resources

• Bureau of Immigration

PHILIPPINE NATIONAL POLICE

R.A. 6975- PNP was created. This law shall be known as the Department of Interior and Local
Government Act of 1990.

Approved on Dec. 13, 1990 and effective on Jan. 1, 1991.

RA 8551 and 9708 – further amended RA 6975 on certain provisions only.

COMPOSITION

• Subject to the limitations provided for in this Act, PNP, hereinafter referred to as the
PNP, is hereby established, initially consisting of the members of the police forces who
were integrated into the Integrated National Police pursuant to the P.D. 765 and the
officers and the enlisted personnel of the PC shall include

• Those assigned with the Narcotics command (NARCOM) or the criminal Investigation
Service (CIS) and those of the technical services of the AFP assigned with the PC and
the civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM
Inspection, Investigation and Intelligence Branch may also be absorbed by the PNP. In
addition, a PC officer of enlisted personnel may transfer to any of the branches or
services of the Armed Forces of the Philippines.

RANK CLASSIFICATION OF PNP UNIFORMED PERSONNER

POLICE GENERAL
POLICE LIEUTENANT GENERAL
POLICE MAJOR GENERAL
POLICE BRIGADIER GENERAL
POLICE COLONEL
POLICE LIEUTENANT COLONEL
POLICE MAJOR
POLICE CAPTAIN
POLICE LIEUTENANT
POLICE EXECUTIVE MASTER SERGEANT
POLICE CHIEF MASTER SERGEANT
POLICE MASTER SERGEANT
POLICE STAFF SERGEANT
POLICE CORPORAL
PATROLMAN/ PATROLWOMAN

NATIONAL BUREAU OF INVESTIGATION

NBI is a highly trained investigative body that is functionally integrated and national in scope.
RA 157- created NBI
RA 10867- Reorganized and Modernized
• NBI is under the Department of Justice, headed by a Director that is appointed by the
President with the rank, salary and privileges of that of Undersecretary.
• Assisted by 2 Deputy Directors:
 1. for administration
2. for operations
And an assistant Director for each of the following seven 7 services:
• Investigation service
• Intelligence service
• Human resource and Management service
• Comptroller service
• Forensic and scientific research service
• Legal service
• Information and communications Technology Service
Jurisdiction.— The NBI shall have primary jurisdiction to undertake investigations in the
following cases:

• Human Trafficking cases in all airports in the Philippines;

• Extrajudicial/Extra-legal killings committed by the state’s security forces against media
practitioners and activists;
• Killings of justices and judges;
• Violation of Republic Act No. 10175, otherwise known as the “Cybercrime Prevention
Act”;
• Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);
• Violations of the Anti-Dummy Law;
• Cases involving threats to security or assaults against the persons of the President, Vice
President, Senate President, Speaker of the House of Representatives, and Chief
Justice of the Supreme Court;
• Transnational crimes pursuant to existing international agreements;
• Identification of the dead/victims in case of mass fatality incidents caused by natural
disasters; and
• Violations of commercial, economic, and financial or white-collar crimes such as, but not
limited to, those punishable under Republic Act No. 8792, otherwise known as “E-
Commerce Act of 2000”; Republic Act No. 8484, otherwise known as “Access Devices
Regulations Act of 1998”; Republic Act No. 8293, otherwise known as “Intellectual
Property Code of the Philippines”; Republic Act No. 8799, otherwise known as
“Securities Regulation Code”; Presidential Decree No. 1689, otherwise known as
“Decree Increasing the Penalty for Certain Forms of Estafa”, and other similar penal
statutes that may be enacted by Congress.
• Provided, However, That the President or the Secretary of Justice may direct the NBI to
undertake the investigation of any crime when public interest so requires.
• Once the NBI takes cognizance of any of the aforementioned cases, the PNP and other
law enforcement agencies/investigative entities shall collaborate with and render
assistance to the NBI. In cases where jurisdiction is vested exclusively and/or primarily
with the PNP or other law enforcement agency/investigating agency, the NBI shall
collaborate with and render assistance to the same.

PHILIPPINE COAST GUARD

• The Philippine coast Guard is the country’s vanguard against the entry of unsafe foreign
vessels into the country through its Port State Control( PSC). This agency is an armed
and uniformed service attached to the Dept. of Transportation and Communications
(DOTC).
In times of war, as declared by the congress, the PCG or parts thereof, shall be attached to the
Department of National defense.

RA 5173 originally created the PCG.

RA 9993 repealed 5173 and also known as Philippine Coast Guard Law of 2009.

PHILIPPINE CENTER ON TRANSNATIONAL CRIME

EXECUTIVE ORDER NO. 62, January 15, 1999 ]

CREATING THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME TO FORMULATE AND

IMPLEMENT A CONCERTED PROGRAM OF ACTION OF ALL LAW ENFORCEMENT,
INTELLIGENCE AND OTHER AGENCIES FOR THE PREVENTION AND CONTROL OF
TRANSNATIONAL CRIME.
Transnational crime involves more than one country in the way it's planned and executed. The
three major categories of transnational crime include: Illicit goods, such as weapons trafficking,
counterfeiting, and drug trafficking. Illicit services, including human trafficking for migratory
purposes and sex trafficking.

The Department of Environment and Natural Resources (DENR)

It is the Department primarily tasked to supervise the enforcement of environmental laws in the
Philippines. It is responsible for the formulation and implementation of policies, guidelines, and
rules related to environmental management, as well as the management and conservation of
the country’s natural resources. The DENR also implements rules and regulations governing the
exploration, development, extraction, disposition, and use of forests, minerals, wildlife, and other
natural resources.

Some of the environmental laws

Philippine clean Air Act of 1999 ( RA 8749)

- created to promote and protect the global environmental to attain sustainable

development while recognizing the primary responsibility of local government units to deal with
environmental problems.

Air Pollution clearances and Permits for Stationary Sources.

Stationary sources are non-moving sources, such as power plants, chemical plants, oil refiner-
ies, manufacturing plants, and other industrial facilities.

Pollution from Motor Vehicle

Implement the emission standards for vehicles to ensure substantial improvement in air quality
for the health, safety and welfare of the general.

• Ecological Waste Management Act of 2000

proper segregation , collection, transport, storage, treatment and disposal of solid waste.

ENVIRONMENTAL PROTECTION ORDER (EPO)

• Refers to an order issued by the court or enjoining any person or government agency to
perform or desist from performing an act in order to protect, preserve or rehabilitate the
environment.

BUREAU OF IMMIGRATION

The Bureau of Immigration acts as the primary enforcement arm of the Department of
Justice and the President of the Philippines in ensuring that all foreigners within its territorial
jurisdiction comply with existing laws. It assists local and international law enforcement
agencies in securing the tranquility of the state against foreigners whose presence or stay
may be deemed threats to national security, public safety, public morals and public health
and acts as chief repository of all immigration records pertaining to entry, temporary sojourn,
admission, residence and departure of all foreigners in the country.