COURSE: Public Safety Junior Leadership Course

(PSJLC) Module IV: Law Subjects

Lesson Topic – Philippine Criminal Justice System

I. Definition of Criminal Justice System

Criminal Justice System (CJS) is the machinery which society uses in the
prevention and control of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as
those of the mobilized community in crime prevention and control.

The System works in order to prevent and control the commission of crime,
enforcement of the law, safeguard lives, individual rights, and properties, investigate,
apprehend, prosecute and sentence those who violated the rules of society and
rehabilitate the convicts and reintegrate them into the community as law-abiding
citizens.

II. Five Pillars of Criminal Justice System

1. Law Enforcement

The first pillar in Criminal Justice System (e.g. PNP, NBI, PDEA, etc.) It
involves government agencies charged with the enforcement of penal laws. It is
primarily responsible for the investigation and determination whether an offense has
been committed, and where needed, the apprehension of alleged offenders for further
investigation of the second pillar, Prosecution Service.

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 The first pillar is responsible for the prevention of the commission of
crime, the protection of the life, liberty and property, and in generally maintaining
community peace and order. This is primarily undertaken by the Philippine National
Police (PNP) and the National Bureau of Investigation. There are other government
agencies, such as the Bureau of Immigration and Internal Revenue, which are also
mandated to enforce specific laws.

2. Prosecution Service

The Prosecution Service (Public Prosecutor or Fiscal) refers to the National

Prosecution Service (NPS). The NPS is mandated to investigate and prosecute penal
violations. It collates, evaluates evidence in the preliminary inquest investigation and
dismisses or files the case in court as indicated. The Public Attorney’s Office or
private defense counsel, on the other hand, serves as the defender of offender who is
charged before the court and unable to hire the service of the retained lawyer.

3. Courts

The third pillar is the Courts these are Municipal Trial Courts (MTC) and
Regional Trial Courts (RTC) designated to handle and try the case and issue judgment
after trial. It is the forum where the prosecution is given the opportunity to prove that
there is a strong evidence of guilt against the accused. It is also in the courts that the
accused is given his "day in court" to disprove the accusation against him.

The Constitutional presumption is the innocence of any person accused of a

crime unless proved otherwise. This means that the courts must determine the guilt of
the accused - beyond reasonable doubt -- based on the strength of the evidence of the
prosecution. If there is any reasonable doubt that the accused committed the crime, he
has to be acquitted. The Rules of Court, however, provides that the accused can be
convicted of a lesser crime

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than the crime he has been charged with in the information. But the elements of the
lesser offense should be necessarily included in the offense charged, and such lesser
crime, was proven by competent evidence.”

4. Correctional

The fourth pillar is the Correctional System (NBP, CIW, BJMP). It refers to
institutions mandated to administer both correctional and rehabilitation programs
for the offenders. These programs develop the offenders or
convicts’ abilities and potentials and facilitate their re-integration into the
community and normal family life. The rehabilitation and recovery process
involves the support of government agencies, non-government organizations and most
importantly the family and community so that the offender as well as the offended can
heal and recover in order to be able to cope and rebuild
their lives.

The fourth pillar takes over once the accused, after having been found guilty,
is meted out the penalty for the crime he committed. He can apply for probation or he
could be turned over to a non-institutional or institutional agency or facility for
custodial treatment and rehabilitation. The offender could avail of the benefits of
parole or executive clemency once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the municipal,
provincial or national penitentiary Depending on the length of the sentence meted out.

5. Community

The fifth pillar is the Community (e.g., People & People’s Organizations). It
refers to institutions, government, and non-government agencies and people’s
organizations that provide care and assistance to the victims or offended party, during
and after the onset of a victims’ rights case. The “community” has a significant role to
assume in all the phases of judicial involvement of offender as well as the
protection process: the prevention of abuse, cruelty, discrimination and exploitation,
assistance of offenders who enter the criminal justice system and the acceptance of
the offenders upon his reintegration into the community, after he goes out of
Correctional.

Community Pillar collectively imposes limitations on individual behavior of

citizens for the common good of civilized and democratic society. The community
pillars comprise of the citizenry as a whole and the various non- government
organization, civil society groups, people’s organizations,

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academe, religious organizations and other civic organizations that represent citizen
interest and causes.

The fifth pillar has a two-fold role. First, it has the responsibility to participate
in law Enforcement activities by being partners of the peace Officers in reporting the
crime incident, and helping in the arrest of the offender. Second, it has the
responsibility to participate in the promotion of peace and order through crime
prevention or deterrence and in the rehabilitation of convicts and their reintegration to
society.

The government is responsible for providing the mechanism for enforcing laws. This
mechanism is the five pillars of the criminal justice system. The judiciary provides for
the settlement of conflicts and legal remedies, law enforcement agencies enforce laws,
rules and regulations. The 1987 Constitution enunciates the role of the state as
follows;

“The Prime duty of the government is to serve and protect the people.” “The

maintenance of peace and order, the protection of life, liberty and

property, and the promotion of the general welfare are essential for the enjoyment by
all the people of the blessings of democracy”

III. The Role of Criminal Justice System

The Criminal Justice system is the machinery used by the Philippine society
to prevent and control crime (Feliciano & Muyot, The Philippine Criminal Justice
System: 2000). It is comprised by the police and various law enforcement agencies;
the National Prosecution Service and the Public and private lawyers; the Judiciary: the
corrections system; and the community. The system comprises the social control
mechanism of the country and performs four core functions:

a) Prevent the commission of crime and protect life, individual rights and
property of citizens;
b) Enforce the law and remove dangerous persons from the
community;
c) Investigate, apprehend, prosecute and sentence those who cannot be
deterred from violating the rules of society; and

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 d) Rehabilitate offenders, and return them to the community as law
abiding citizens.

IV. Roles of the Police in Criminal Justice System

The first stage in the criminal justice process pertains to Police or Law
Enforcement activities which is carried on through INVESTIGATION of crimes that
are reported to or discovered by police or law enforcers.

a. Police Investigation
1. Initial Contact
The initial contact with the criminal justice system takes place as a
result of a police action.

2. Investigation
The purpose of the investigatory stage is to gather sufficient
evidence in order to identify the suspect/s and support a legal arrest.

The process of investigation includes but not limited to:

a) Surveillance and observation of suspect/s
b) Taking a photograph surreptitiously or otherwise.
c) Interview of persons with personal knowledge of facts
d) Entrapment suspect/s (with the consent of the court) when
feasible.
e) Search of premises or persons and seizures of objects, subject
to constitutional or statutory safeguards.
f) Examination of public and other available records pertaining to
persons involved in crimes.

3. Arrest - The arrest power of the police involve the taking of a person
into custody in accordance with lawful order and holding the person to
answer for violation of the criminal law.
4. Custody - The moment after an arrest is made, the detained suspect/s
is/are considered under police custody and is now restricted of his
freedom of movement. The police may wish to search the suspect for
weapon or contraband.
5. Charging - If the arresting officer of his superior believe that
sufficient evidence exists, the person is charge with specific crime for
which he had been arrested.

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 b. Referral

After the formal investigation has been completed, the police has to
referred the investigation report to the prosecutor’s office, including the evidence
(physical or documentary proof) and the suspect is he is in custody.

The police investigator or the arresting officer when summoned by the

court must appear in court to stand as witness for the prosecution.

V. Restorative Justice
Restorative Justice works to resolve conflict and repair harm. It encourages
those who have caused harm to acknowledge the impact of what they have done and
gives them opportunity to make reparation. It offers those who have suffered which
harms the opportunity to have their harm or loss acknowledged and amends made.
(Restorative Justice Consortium 2006).

Marian Liebmann, author of the book “Restorative Justice: How it Works”,

uses this definition for those unfamiliar with criminal justice jargon:

Restorative Justice aims to restore the well-being of victims, offenders and

communities damaged by crime, and to prevent further offending.

Philosophies of Restorative Justice

 Victim support and healing is a priority.
 Offenders take responsibility for what they have done.
 There is dialogue to achieve understanding.
 There is an attempt to put right the harm done.
 The community helps to reintegrate both the victim and the offender

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 Benefits of Restorative Justice
 Learn about the offender and put a face to the crime
 Ask questions of the offender
 Express their feelings and needs after the crime
 Receive an apology and/or appropriate reparation
 Educate offenders about the effects of their offenses
 Sort out any existing conflict
 Be part of the criminal justice process
 Put the crime behind them

VI. Barangay Justice System

Katarungang Pambarangay is in force by virtue of PD 1508 as amended by
RA 7610. It provides for the creation of lupon tagapamayapa who shall exercise
administrative supervision of amicable settlement of all disputes covered by the
katarungang pambarangay law. In principle, Katarungang Pambarangay is an
informal part of the Court because there are complaints either civil or criminal
which requires to undergo the process of reconciliation. The creation of
Katarungang Pambarangay aims to provide speedy resolution of court dockets
through conciliation, mediation, and arbitration to avoid mockery in the
dispensation of justice in court.

It’s Significance to Criminal Investigation

Before a complaint is referred to the prosecutor’s office, he has to exert
diligence to ferret out the truth regarding a controversy. In as much as he wants to
help the victim, he must also protect the innocent from the rigors of trials. A police
investigator should determine what court has jurisdiction over the case. When the case
is punishable by less than 6 years imprisonment, it is within jurisdiction of MTC or
MCTC, if otherwise it falls within the jurisdiction of RTC,

The police investigator may refer all cases to the lupon tagapamayapa to bring
together the parties actually residing in the same city or municipality for amicable
settlement of all disputes except:

a. When one party is the government or any subdivision or

instrumentality thereof;
b. When one party is a public officer or employees, and the
disputes relates to the performance of official functions;
c. Offenses punishable by imprisonment exceeding 1 year or a fine
not exceeding Five Thousand (P 5,000) pesos;
d. Offenses where there is no private offended party;

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 e. Where the dispute involves real properties located in different
cities or municipalities unless the parties thereto agree to submit
their difference to amicable settlement by an appropriate lupon;
f. Disputes involving parties who actually resides in barangay of
different cities and municipalities except where such barangay units
adjoins each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon or; and
g. Such other classes of disputes which the President may, in the
interest of justice, determine upon the recommendation of the
Secretary of Justice and Secretary of Interior and Local Government.

Conciliation

a. Pre-condition to filing of complaint in court.- No complaint, petition,

action or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office
for adjudication, unless there has been a confrontation between the parties
before the lupon chairman or the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested by the lupon chairman or pangkat chairman or unless
the settlement has been repudiated by the parties thereof.

b. Where parties may go directly to court.

The parties may go directly to court in the following instances:
1) Where the accused is under detention;
2) Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
3) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property and
support pendent life; and
4) Where the action is barred by the statute of limitation.

Other Cases Cognizable By Katarungang Pambarangay

 Light felonies
 Violation of rental law
 Cases of RA 9344 when the offense is punishable by not more than 6
years and the child is above 15 years (15 yo and 1 day) old but below 18
years old acted without discernment and if the child is below 15 years old.
 Cases of RA 9262. For application of barangay protection order only.

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