FINAL TOPIC

Week 14

JUSTICE AND
MORALITY
Module 8 Lesson 8.1 REV: 8-2017 2
Equality is not justice.

Justice does not mean

everybody should be equal in all
opportunities, concerns and
undertakings in life.

Human beings can never be

equal in all respects.
“The more laws, the less
justice.”
“Justice without force is
powerless; force without
justice is tyrannical”. -
Marcus Tullius Cicero
 What is Justice?
• a habit that enables one to give every
human person his due or his own right.

• the concept of moral rightness based

on ethics, law or religion
(USLegal,Inc).
Etymologically, the term is
derived from the Latin
word “jus” which means
“right”.
•Justice also denotes a
relation (like right and duty).

•Justice is realizable only in

the context of man’s
existence with his
fellowman.
•Thus, as future public safety
officers, you ought to enforce
the laws with justice for no
one is above the law.

•Give justice (both) to the

victims and suspects of crime.
•How?
 Kinds of Justice

JUSTICE

GENERAL LEGAL PARTICULAR

JUSTICE (common good) JUSTICE (private good)

COMMON LEGAL COMMUTATIVE DISTRIBUTIVE

EQUITY JUSTICE
JUSTICE JUSTICE
1. General Legal Justice – one by
which a human person wishes and
does what’s right in relation to the
common good.

•Akin to laws since primarily laws are

not for the good of individuals, but for
the good of the whole community.
A. EQUITY is a kind of general legal
justice by which a human person
judges, wills and does what is right to
others not necessarily from the
injunction of the moral law, but from
the civil law per se.

Common Equitable Remedies:

•Specific performance
•Injunction
•Restitution
B. COMMON LEGAL JUSTICE
- one by which a human person is
inclined to will and do what is for
the common good of others in
accordance with the moral law or in
accordance with the prescription of
the Civil law.
2. Particular Legal Justice
one by which a human
person wishes and does what
is right in relation to another
person who is accounted as an
individual with inherent right to
his own private good.
Particular, therefore, is
justice between persons.
A. COMMUTATIVE JUSTICE - deals
with fairness of exchange. It exists in
the relationship between individual
human persons or between entities,
like nations or corporations.

Ex. Contract between individuals

Employer/Employee
Lawyer/Client
Treaties/Agreements
B. DISTRIBUTIVE JUSTICE – one by
which a human person wills to apportion
or share the (public) goods which
belong to the community or to individual
human persons who are part of his
community.
•Sharing of wealth of a nation including
natural resources, food, roads, bridges,
etc with the rich and indigents/less privileged.
•Although we are paying different amount of
taxes.
 Philippine Criminal Justice System
Using John Caputo’s Concept of
Repetition

 The Accused
 The Lawyers
 The Law Enforcers
 The Judges
 FIVE PILLARS
of the
Philippine Criminal Justice System

1. Community
2. Law Enforcement
3. Prosecution
4. Court
5. Correction
 Philippine Criminal Justice System
Using John Caputo’s Concept of Repetition

1.The Accused
Principal
Accomplices
Accessories
 Philippine Criminal Justice System
Using John Caputo’s Concept of Repetition

1.The Accused
Principal – those who take a direct
part in the execution of the act
Accomplices – cooperate in the
execution of the offense by previous od
simultaneous acts
Accessories- those who having
knowledge of the commission of crime
and without participated therein
 Philippine Criminal Justice System
Using John Caputo’s Concept of Repetition

1.The Accused
Accessories:
1. by profiting themselves os assisting the
offender to profit by the effects of the
crime;
2. By concealing or destroying the body of
the crime;
3. By harboring, concealing, or assisting in
the escape of the principal of the crime
 RIGHTS OF THE ACCUSED

 Bill of Rights
 R.A. 7438 (Rights of Persons Arrested, Detained or
Under Custodial Investigation and Duties of the
Arresting, Detaining and Investigating officers)
 RA 9745 (THE ANTI-TORTURE ACT OF 2009)
 RA 9344 (Juvenile Justice and Welfare Act)
 RA 9851 (Crimes Against International Humanitarian
Law, Genocide & Other Crimes Against Humanity)

 RA 10350 (Anti-Enforced or Involuntary Disappearance

Law)
 Philippine Criminal Justice System
Using John Caputo’s Concept of Repetition

2. The Lawyers
“ With lawyers, law and order
will be preserved. Without
lawyers, there can be no justice”.
(Eddie R. Babor)
 SUPREME COURT

COURT OF
APPEALS SANDIGANBAYAN

Court of Tax Regional Trial Shari‘a

Regional
Appeals Regional
Courts District Courts

Municipal
Municipal Metropolitan Shari’a
Trial Courts
Municipal Metropolitan Shari’a
Circuit Courts
Trial
in Courts
Cities
Trial Courts Metropolitan
Trial Courts Shari’a
in Cities

Municipal Municipal
Municipal
Municipal Circuit
CircuitTrial
Municipal
Trial
-Regular Courts Municipal
Trial Courts Courts
Circuit Trial
-Special Courts
The National Prosecution Service is the prosecution arm of the
government, It is composed of Provincial Prosecutors, City
Prosecutors, Regional Prosecutors, and State Prosecutors placed
under the supervision and control of the Department of Justice.
The services being rendered by the National Prosecution Service
are as follows :
♦ to investigate and prosecute all criminal offenses under
the Revised Penal Code and other special penal laws;

♦ to resolve appeals from petitions for review of the final

resolutions of State Prosecutors in all preliminary investigations
conducted;
♦ to render opinions on queries from prosecutors
regarding
violation of the Revised Penal Code and other special
penal laws;
 ♦ to provide the courts with information as basis for the
grant or the denial of probation.

The principal functions of the prosecutors, on the other

hand, are to :

(1) EVALUATE the police findings referred to them, or other

complaints filed directly with them by individual persons (e.g.,
private citizen who are victims, or have knowledge of crimes;
government officers in charge of enforcement of the law violated);

(2) FILE CORRESPONDING INFORMATIONS OR CRIMINAL

COMPLAINTS before the proper courts of justice on basis of their
evaluation of the evidence at hand; and

(3) PROSECUTE the alleged offenders in court in the name of the

People of the Philippines.
 Philippine Criminal Justice System
Using John Caputo’s Concept of Repetition

3. The Law Enforcers

PNP
NBI
Other government LEA
What are the issues on Law Enforcers?
• Unsolved Cases
• Kuratong Baleleng’s rob-out or shootout?
• Killing of Ninoy Aquino
• Issues on EJK, planting of evidence, etc
during the Project DOUBLE BARREL (war on
drugs)
• Corruption
• Hazing in training institutions
• others
What are the issues on Law Enforcers?

“Law enforcers are useless and

inutile government employees,
so we better abolish the agency
that they belong”.
Condrado de Quiros
What are the issues on Law Enforcers?

•The cited cases are examples of

Police’s Moral Dilemma.
• In case of doubt, just do the
right thing (e.i. refer case/s to the
prosecutor) in order to give
appropriate justice.
“Do what you feel in your
heart to be right, for you’ll be
criticized anyway. You’ll be
damned if you do and
damned if you don’t.” –
• Eleanor Roosevelt
4. The Judges
Corruption issues
Hoodlums in robes

“Prevalence of graft had given rise to the

perception that for the right price, some
judges would deliberately misinterpret
the law…xxx decide cases for
consideration other than on merits”.
 Caputo’s Concept of Repetition in Relation
to Philippine Criminal Justice System

 “Repetition is that by which the

existing individual becomes what he
was to be that by which he returns
himself”
 Therefore, repetition gives room for
corrupt and inept law enforcers,
lawyers and judges and strayed away
law breakers to renew themselves.
 Caputo’s CONCLUSION

1. Purgation among the members of

LEA.
2. Disbarment and conviction of
dishonest, immoral and corrupt
members of the Bar.
3. Stiffer punitive measures against
corrupt, inept and ignorant judges.
4. Legal and substantive use of law.
5. Use of DNA
 Caputo’s CONCLUSION

 Theo-centric (God-centered)
prosecution and administration
of justice.
 Only if GOD is seen right at the
center of the prosecution of
criminal offenses can there be true
justice to offenders.
 Caputo’s CONCLUSION
 Theo-centric (God-centered)
prosecution and administration
of justice.
 Expected results:
 Dismissal of charges or acquittal
of innocents.
 Conviction of truly guilty offenders.
 Written Works (20 points)
1.Do the law enforcers, particularly the
PNP, have moral obligations to abide
by during any police intervention?
Discuss your answer. (10 points).

2.How will you apply justice in your

life? (10 points).
 ORAL REPORTS
• Surrogate Motherhood (4C Albano, Badajos & Bautista)
• Drug Addiction (4C Bayugo, Bayangubong & Bonjoc)
• Suicide (4C Briton, Clorion & Derro)
• Murder (4C Escasa, Florentino & Flores)
• Self-defense (4C Getigan, Hadjail & Kabluyen)
• Euthanasia (4C Kutat, Lorilla & Magaro)
• Capital Punishment (4C Olitoquit, Opamin & Pascua)
• Birth Control (4C Pulido and Robantes)
• Abortion (4C Sapanghari and Sta. Ana)
• Mutilation (4C Tapiru, Ybid and Zafra)