CRIME- is an act or omission in

violation of this Criminal Law.

ACT – any bodily movement
tending to produce some effect in
the external world.
OMISSION- is meant inaction, or
the failure to perform positive duty
which one is bound to do.
CRIMINAL LAW –
Branch or division of law which
defines crimes, treats of their nature
and provides for their punishment.
Nullum Crimen Nulla Poena Sine
Lege -
“ There is no Crime when there
is no Law punishing it”
CRIMINAL – it refers to any person
finally convicted by a competent
court in violation of law.
JUSTICES – Principle of dealing
with fairness, equality in the
application of law.
SYSTEM – a set of principles or
procedures according to which
something is done; an organized
framework or method.
 I
It is the sum total of instrumentation
which a society uses in the prevention
and control of crimes.
It is the machinery used by a
democratic government to protect the
society against criminality and other
peace and order problems.
An integrated apparatus that is
concerned with apprehension, prosecution,
conviction, sentencing and correcting
criminals
It is the process of linking the five
pillars of Criminal Justice System
together so as to achieve an
interrelated scheme of reciprocal
responsibilities in its approach to
community involvement.
American Criminal Justice System:

Law Enforcement, Court, Correction

Philippine Criminal Justice System:

Law Enforcement (Police)

Prosecution
Court
Correction
Community
 An overview of the Philippine
Criminal Justice system
The Philippines, like any other country
that function under a system of a
democratic society, operates its criminal
justice system apparatus whereby society
identifies, investigates, accuses, tries
convicts, punishes, and rehabilitation
criminal offenders. Hence, the Philippines
Criminal Justice System may be viewed in
three (3) challenging perspectives, suc h
as the following:
First
It assert the idea of deterrence, the notion that the
threat of sanctions can prevent crimes by creating a fear
of punishment for those who might break the law;

Second
It adheres on the principles of the retribution, the
idea that criminal offenders deserve to suffer for the
harm they have done, and their punishment should be
proportionate to the harm inflicted; and

Third
It support on the notion of behavioral change, which
proposes that criminal sanctions should aim to reform
convicted criminal offenders so that they will stay away
from crime in the future.
THE CRIMINAL JUSTICE SYSTEM AS
PART OF THE TOTAL SOCIAL
SYSTEM IN THE PHILIPPINES

In the Philippines the criminal

justice line-agencies is composed of,
the Police, Prosecution, Court,
Correctional Institutions,
Community ,as it is illustrated in the
diagram below.
 Economic
system
Educational system Te chnological system

Health care system

Political systemCriminal Justice system

Other systems
 The Formal Criminal
Justice Process
One way of understanding the Criminal
Justice is to view it as a process that takes
criminal offender through a series of the decision
points beginning with the arrest and concluding
with the reentry into society. A comprehensive
view of formal Criminal Justice process would
normally start with the interactions of the criminal
justice components as it is shown on the
diagram below whereby the flow of violators
passes through criminal Justice System
sequential order.
 Community

Violators Correctional

Law Enforcement Court

Prosecutor
Flow of violators through the Criminal Justice System
 Police/Law Enforcement
Specifically, the first stage in the
criminal justice process pertains
police or Law enforcement activities
which is carried on through
INVESTIGATION of crimes that are
reported to or discovered by the
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
actions.
Example.
A police assigned on patrol observed a
person actually committing a crime, or contacted
by a victim who reports a crime, the police
respond by going to the scene of the crime to
investigate.
 2. Investigation
The purpose of the investigatory
stage is to gather sufficient evidence to
identify the suspect and support a legal
arrest.
The process of investigation
includes but not limited to:

a. Surveillance and observation of suspects

b. Taking of photographs surreptitiously or
otherwise
c. Interview of persons with
personal knowledge of facts
d.Entrapment suspects ( with consent of the
court) when feasible
e.Search of premises or persons and
seizures of objects, subject to
constitutional and statutory safeguards
f. Examination of public and other available
records pertaining to persons involved in
crimes
 Arrest
The arrest power of the police invo lved
the taking of a person into custody in
accordance with lawful order and holding the
person to answer for a violation of the
criminal law.
Custody
The moment after an arrest is
made ,
the detained suspect is considered
under
police custody and is now restricted
of his
freedom of movement. The police
 Charging
If the arresting officer or his superior believe that
sufficient evidence exists the person is charge with
specific crime for which he had been arrested.
NOTE:
In every stage of these processes, the police is mandated
by law to appraise the person or suspect of his
constitutional rights, otherwise the failure (intentional or
unintentional) of the police will be held criminally liable
for noncompliance thereof.
B. REFERRAL
After the formal investigation has been completed the
police has to referred the investigation repiort to the
prosecutors office, including the evidences (Physical
or

documentary proof) and the suspect if he is in

C. COURT APPEARANCE/DUTY

The police (inv estigator o r

arresting officer) when summon by the
court must appear in court to stand
as witness for the prosecution.
 PROSECUTION
The prosecution arm of the government is
generally vested in the department of justice
(Administrative code of 1987) under the
direction, supervision and control of the
secretary of justice where the interest of the
government is in issue. The prosecution service
is made up of the Chief State Prosecutor, The
Regional Prosecutors, The Provincial
Prosecutors, The City/Municipal Prosecutors,
and such others Prosecutorial offices as may be
establish by law.
 Secretary of the Dept.
of Justice

Undersecretary of the Dept.

of Justice

CHIEF STATE
PROSECUTOR

Investigation and
Appeal
Prosecution Division
Division

Legal Opinion
Division

Regional Sate Prosecutor, Provincial

Prosecutor City Municipal Prosecutor
1. EVALUATE, screen and review the
police investigation report refe rred to
them or other complaint filed directly
with them by individual persons (e.g.
private citizens who are victims or
have personal knowledge of crime,
government officers in charge with
the enforcement of the law violated.)
2.FILE THE CORRESPONDING
INFORMATION OR CRIMINAL
COMPLAINT in the proper court o f law
on the basis of the evaluation of the
proof (evidence at hand)
3. PROSECUTE
The alleged offender in the court of
law. That is, if the element of the crime
alleged to have been committed is
present. It is the prosecutor task of
bringing the offender to the court through
criminal proceedings.
 THE PUBLIC ATTORNEY’S
OFFICE (PAO)
THE DEFENDER
The 1987 Philippine Constitution state
in part, “in all criminal prosecution, the accused
shall enjoy the rights to have assistance of
counsel.” Everyone rich or poor, is entitled to be
defended by a Public Defense attorney when
charges are brought against him or her, that is, if
the individual cannot afford to pay or hire a
private defense counsel, the states must provide
one free of charge.
 As soon as a person is arrested he or she
needs a defense attorney. If such a need does
not immediately come to mind, the police
routinely remind the suspect that, “you have the
right to Attorney.” And, the role of the defense
attorney begins almost as soon as the arrest
occurs, for the accused needs the assistance of
counsel to make sure that the interrogation and
other pretrial procedures are conducted in a
constitutional manner. The defense counsel may
even conduct his own investigation
independently to assert the defense of the
accused.
 The organizational structure of the
department of justice show the office of the
Public Attorney and its functions
Secretary of Justice

Undersecretary of Justice

PUBLIC
ATTORNEY’S
OFFICE

R
e
g
Function
To provide free legal assistance and services to
indigent members of society.
Objectives
Humanitarian and democratization of
justice.
Activities
1.to render legal assistance, advice and counseling
to indigents;
2.to render legal documentation services to
indigents;
3. to extend mediation services to indigents;
4.to represent indigents or immediate mem bers of
their families in all civil and criminal cases, including
administrative and labor cases; and
5.to assist or represent indigents detention prisoners
upon request.
 COURT
Are the judicial tribunals upon which the
judicial power of the government is vested in one
Supreme Court and such other courts that may
be established by law. The Supreme Court is the
highest court of the land. It is a review court of
last resort, for no appeal lies its judgments
and final orders. It exercise appellate jurisdiction
over cases decided by the Court of Appeals or
Regional Trial Courts. As a rule only question of
law may be raised in appeal to it.
 Appeals to the Supreme Court are never a
matter of right. The only exception to this rule is
when the penalty of death, reclusion perpetua,
or life imprisonment has been imposed either by
the Regional Trial Court (RTC) or the Court of
Appeals; where the case goes automatically to
the Supreme Court for review, even if the
accused does not appeal. And in any of these
three cases (penalty of death, reclusion
perpetua, or life imprisonment) the issues of
facts and law may be raised before and decided
by the Supreme Court
Judicially, the power of the
courts are:
1.To settle actual controversies
involving rights which legally demandable
and enforceable, and
2.To determine whether or not there
has been a grave abuse of discretion
amounting to lack or excess of jurisdiction
on the part of any branch or instrumentally
of the gevernment.
 Jurisdiction of the Courts
Jurisdiction as used in a judicial point of vies
is defined as the power to try and decide or hear
and determine a cause.
To try and hear simply means to receive
evidence from the parties (including their
arguments according to fixed of rules).
To decide or to determine mean s to resolve
the dispute by applying the law to the facts
(established by evidence).
THE BASIC COURT SYSTEM IN
THE PHILIPPINES
In the
Supreme Court (SC)
Philippines the
regular courts Review Court
engage in the
Court of Appeals
administration (CA)
of justice is
organized into
four (4) levels Regional Trial
as depicted in Court (RTC)
the following Trial courts
Metropolitan TC
diagram MTCC
MCTC
 THE FOUR-LEVEL INTEGRATED COURT
SYSTEM IN THE PHILIPPINES

FIRST LEVEL COURTS

A. Metropolitan Trial Courts
B. Municipal Trial Courts (in Cities)
C. Municipal Circuit Trial Courts
They try and decide only the particular
types or classes of cases specified by law.
Criminal action within their respective
jurisdiction includes those involving
violation of city and municipal ordinances
committed within their respective jurisdictions,
and offenses punishable with imprisonment
not exceeding six (6) years.
 SECOND LEVEL COURTS
At the second level courts are the
Regional Trial Courts w hich composes
of several branches. They are courts of
general jurisdiction; they try and decide
not only the particular or kind of cases
assigned to them by law, but also those
which are not otherwise within the
jurisdiction of the courts of the first
leve l.
 THIRD LEVEL COURT
At the third level is the Court of
Appeals (CA). It is essentially an appellate
court (not a trial court), it review cases
appealed to it from the Regional Trial
Courts. It may review cases on Question
of facts and law.
 FOURTH LEVEL COURT
At the fourth level court is the Supreme
Court (SC). It is the hig hest court of
the land. It is the court of last resort,
for no appeal lies from its final
judgments and final orders. It
exercises appellate jurisdiction over
cases decided by the Court of
Appeals or the Regional Trial Courts.
As a rule, only question of law may be
raised in appeal to it.
In Summary, the role of the Courts in
criminal action proper start with:
a. issuance of the Warrant
of
Arrest
b. to Arraignment
c. to Pre-trial Conference
d. to trial
e. to judgment

f.an d finally to the execution of

CORRECTIONAL INSTITUTIONS
The fourth stage in the Criminal Justice
process refers to the penal or correctional
process which primarily involved in the custody
and safe-keeping of convicts criminal offenders.
Hence, when the court find the accused guilty
(as charged) beyond reasonable doubt, it
sentence him with the corresponding penalty.
And, if the penalty becomes final and
executory, the offender is passed on the
Correctional Institutions.
Further, as a form of punishment, the
isolation of the convicts by imprisonment
for the period laid down by the courts, or in
extreme cases, their e xecution by the
method prescribed by law, including
correction and rehabilitation, are functions
undertaken by the institution, set up by the
law; that is, the Bureau of Correctio ns,
The Parole and Probation Administration
 COMMUNITY
The fifth stage in the criminal justic e
process refers to the participation of the
community at large in the detection and
prevention of all form of criminal activities. In
particular, members of
the community having knowledge of facts
relevant to the investigation and
prosecution of crimes, are expected to
cooperate with the law enforcers and
investigators, by reporting crimes
and giving of evidence against the
offenders.
The community (law-abiding citizens) is a
potent source of information as regards to
crimes and criminals.
 Information
Filed
Decision to Preliminary
Charge Examination

Arrest or Defendant NOT

Investigation Held to
C.T
Decision to Answer
Charge
C.T

Guilty Parole

Pleading Convicted
Plea and/or Convicted
Negotiation Arraignment
Probation
Not
Trial
Case Terminated
C.T Guilty
Acquitted C.T
Release after
service of
sentence

ROUTE OF THE ACCUSATORY PLEADING IN FELONY

PROSECUTION