INTRODUCTION TO

PHILIPPINE CRIMINAL
JUSTICE SYSTEM
What is Criminal Justice System?
it refers to the various sequential stages through which offenders
pass, from initial contact with the law to final disposition, and the
agencies charged with enforcing the law at each of these stage.
it also refers to the agencies responsible for enforcing criminal laws,
including legislatures, policies, courts and correction.
• LAW ENFORCEMENT – Frontliner
• Prosecution
• CRIME/DISCOVERY OF THE CRIME.
• Law enforcers (Apprehension, INVESTIGATION, FILING OF
COMPLAINT)
CRIME COMMITTED or DISCOVERY OF THE CRIME
• Law Enforcement – Investigation – filing of complaint
Complaint – It is a sworn written statement or accusation charging a person of an
offense subscribed by the offended party or any peace officer charged with the
enforcement of the law.
• Prosecution – Identify probable cause through the conduct of P.I.
information filed (4 years and 2 months 1 day)
Information – it is an accusation in writing charging a person of an offense
subscribed by the prosecutor
• Court – Hearing vs Trial “Proof beyond reasonable doubt” (Convict/Guilty or Acquit)
• Correction – guilty (Jail) – Rehabilitation
• Community (Informal Pillar)
•IMPRISONMENT OF
– 4 years, 2 months
and 1 day
DILG DOJ - CORRECTION
BJMP - Pending cases (PDL) New Bilibid Prison
CIW
sablaya
Leyte
Mondoro
Convicted/Sentenced (3 OR MORE)
12 HOURS – Light felonies
18 Hours – Less grave
36 hours – Grave felonies
Etymology of the word criminal

it originated from Middle English: came from old French criminal;

from late Latin criminalis; and from Latin Crimen or crimin which means
accusation.
Who is criminal?
• It refers to a person committed or been legally convicted of crime.
• In the legal sense – it refers to a person who has been found to have
committed a wrongful act in the course of the standard judicial
processes. There must be final verdict of his guilt.
• In criminological sense – a person is already considered a criminal the
moment he committed any anti-social act even without conviction.
Etymology of Justice
• Greek word Dike which is associated concept of everything staying in
its assigned place of natural role.
• According to Plato – Justice consist of maintaining the societal status
quo. Justice is one of the four civic virtues, the others are wisdom,
freedom and opportunity for some people.
Lady Justice
• Lady Justice is blindfolded. A court of law
commences a trial of a dispute with no prior
knowledge of it and complete impartiality,
hence the blindfold over Lady Justice's eyes.
This is designed to symbolize that justice
should be rendered “without passion or
prejudice” to ensure a result which is fair.
• Lady Justice is a well-known symbol of our
justice system. She proudly holds scales,
which represent the weighing of evidence on
its own merit. There is a snake at her feet
that represents evil, and a book that
represents the Constitution from which our
justice system was born.
What is Crime?
it is an act committed or omitted in the violation of public law forbidding or
abiding it.
• Felonies – it refers to those violation of the Revised Penal Code
Ex. Murder Art. 248
Homicide Art. 249
Theft Art. 308Roberry
• Offense – It refers to those violations of statutes
Ex. Republic Act 9165
Republic Act 9262
• Misdemeanor – it refers to the violation of ordinances
Ex. Municipal Ordinances
Elements of Crime
• Motive
• Instrumentality
• Opportunity

it is also known as the Triangle of crime.

What is Crime Reporting
it is the act of reporting a crime by the victim or concerned citizens
to the police and other similar law enforcement agencies. Institution.
Crimes reports complied by the PNP are presented in the form of
statistics
a. Crime volume – it refers to the number of crime incidents
committed in a given area over a period of time which includes
index and non-index crime
b. Index crimes – refers to crimes which are serious in nature and
which occur with sufficient frequency and regularity such that they
serves as an index to the crime situation. (murders, homicide, rape,
physical injuries
c. Non-index crimes – refers to crimes in violation of special laws such
as illegal logging.
d. Crime rate – refers to the number of crime incident in a given perios
for every 100,000 inhabitants in the area.
Foundation of Criminal Justice
• Classical School of Criminology
• Age of enlightenment – empiricism, rationality, humanism and natural
law.
• Social contract theory - Social contract theory, nearly as old as
philosophy itself, is the view that persons' moral and/or political
obligations are dependent upon a contract or agreement
among them to form the society in which they live.
• Natural Law - natural law, in philosophy, system of right or justice
held to be common to all humans and derived from
nature rather than from the rules of society, or positive law.
• Natural Right - Natural rights are those that are not dependent on the
laws or customs of any particular culture or government, and so
are universal, fundamental and inalienable 
(they cannot be repealed by human laws, though one can forfeit their
enjoyment through one's actions, such as by violating someone else's
rights).
• General Deterrence
• Specific Deterrence
• Mala In Se – it refers to acts that are thought to be wrong in and of themselves
• Mala Prohibita – it refers to the acts that are considered wrong because they
are prohibited
• Free will – refers to the ability of human being to purposely and deliberately
choose to follow a calculated course of action.
Characteristics of Criminal Law
• Generality
• Territoriality
• Prospectivity
Criminal Law and Rules on Jurisdiction
• French Rule – it states that crimes are not triable in the courts of that
country, unless their commission affects the peace and security of the
territory or the safety of the state is endangered
• English rule – it states that crimes are NOT triable in that country,
unless they merely affect things within the vessel or they refer to the
internal management thereof.
KINDS OF LEGAL SYSTEM

• Adversarial system - In the adversarial system, two lawyers

represent their party's positions before an impartial person
or group of people, usually a jury or judge, who attempt to
determine the truth of the case
• Inquisitorial system - In the inquisitorial system, the court or
a part of the court is actively involved in investigating the
facts of the case
An inquisitorial system is a legal system in which the court, or a
part of the court, is actively involved in investigating the facts of
the case. This is distinct from an adversarial system, in which the
role of the court is primarily that of an impartial referee
between the prosecution and the defense.
Is Philippines inquisitorial or adversarial?
• The inquisitorial system was in effect in the Philippines during
the Spanish period. When the Americans took over at the turn
of the 20th century, they introduced the adversarial system
What is Due process?
It refers to the idea that laws and legal proceedings
must be fair. It is a principle that the government must
respect all of a person’s right instead of just some or
most of those legal rights when the government
deprives a person of life, liberty and property.
TWO BRANCHES OF DUE PROCESS
• Substantive Due Process – it refers to the intrinsic validity of the law.
It is also a body of law that defines criminal offenses and their
penalties.
• Procedural Due Process – it is based on the principle that a court of
law renders judgment only after trial based on the evidence
presented therein
• Sec. 1, Art. 3 of the constitution.
Ex Post Facto Law
• The 1987 Constitution of the Philippines categorically
prohibits the passing of any ex post facto law. Article III (Bill
of Rights), Section 22 specifically states: "No ex post facto law
or bill of attainder shall be enacted.“

this refers to the laws adopted after an act is committed

making it illegal although it was legal when done, or increases
the penalty for a crime after it is committed.
1.An ex post facto law has been defined as one:
which makes an action done before the passing of the law and which was innocent when done, criminal, and
punishes such action; or 
2.which aggravates a crime or makes it greater than it was when committed; or 
3.which changes the punishment and inflicts a greater punishment than the law annexed to the crime when it
was committed; or 
4.which alters the legal rules of evidence and receives less or different testimony than the law required at the
time of the commission of the offense in order to convict the defendant.
5.which assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a
right which when done was lawful; or 
6.that which deprives a person accused of a crime of some lawful protection to which he has become entitled,
such as the protection of a former conviction or acquittal, or a proclamation of amnesty. (Salvador vs.
Mapa, G.R. No. 135080, November 28, 2007)
Bill of attainder
it is defined as a legislative act which inflicts punishment on named
individuals or members of an easily ascertainable group without a
judicial trial.
Five Pillars of the Criminal Justice System
• Law enforcement
• Prosecution
• Court
• Correction
• community
FIRST PILLAR – LAW ENFORCEMENT
It refers to the police or PNP. Police is a generic term referring to any
government agency that enforces laws.
Law enforcement – is any system by which some members of the
society act in an organized manner to enforce the law by discovering,
deterring, rehabilitating, or punishing people who violate the rules and
norms governing the society.
Legal Foundations of the PNP
• Article XVI, Section 6 of 1987 constitution. It provides that “the State
shall establish and maintain in character, to be administered and
controlled by national police commission (NAPOLCOM). The authority
of local executives over the police units in their jurisdiction shall
provided by law.
• R.A. No. 6975 – an act establishing the PNP under reorganize
Department of the Interior and Local Government (DILG), and for
other purposes, also known as the “DILG Act of 1990” enacted on
December q3, 1990 as amended by RA 8551 enacted on February 25,
1998.
• RA 8551 – an act providing for the reform and reorganization of the
PNP and for the other purposes, amending certain provisions of RA
6975.
• RA No. 9708 – an act extending for 5 years the reglementary period
for complying with the minimum educational qualification for
appointment to the PNP and adjusting the promotion system thereof,
enacted on august 12, 2009.
 RULE 113
Arrest
• Section 1. Definition of arrest. — Arrest is the taking of a
person into custody in order that he may be bound to answer for
the commission of an offense.
• Section 2. Arrest; how made. — An arrest is made by an actual
restraint of a person to be arrested, 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 a greater
restraint than is necessary for his detention. (2a)
• Section 3. Duty of arresting officer. — It shall be the duty of the
officer executing the warrant to arrest the accused and to
deliver him to the nearest police station or jail without
unnecessary delay. (3a)
• Section 4. Execution of warrant. — The head of the office to
whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period,
the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of his failure
to execute the warrant, he shall state the reasons therefor. (4a)
• RECLUSION PERTPATUA – 20,0,1 TO 40,0,0
• RECLUSION TEMPORAL - 12,0,1 TO 20,0,0
• PRISION MAYOR – 6,0,1 TO 12,0,0
• PRISION CORRECTIONAL – 0,6,0 TO 6,0,0
• ARRESTO MAYOR – 0,1,1 TO 6,0,0
• ARRESTO MENOR – 1-30 DAYS
ART. 125 of the RPC
• GRAVE – 36 HOURS
• LESS GRAVE - 18 HOURS
• LIGHT – 12 HOURS
Section 5. Arrest without warrant; when lawful. — A peace officer or a
private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause
to believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it; 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.
In cases falling under paragraph (a) and (b) above, the person arrested
without a warrant shall be forthwith delivered to the nearest police station or
jail and shall be proceeded against in accordance with section 7 of Rule 112.
(5a)
• Section 6. Time of making arrest. — An arrest may be made on
any day and at any time of the day or night. (6)
• Section 7. Method of arrest by officer by virtue of warrant. —
When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and
of the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have
the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant
shall be shown to him as soon as practicable. (7a)
• Section 8. Method of arrest by officer without warrant. — When making
an arrest without a warrant, the officer shall inform the person to be
arrested of his authority and the cause of the arrest, unless the latter is
either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him, or when the giving
of such information will imperil the arrest. (8a)
• Section 9. Method of arrest by private person. — When making an
arrest, a private person shall inform the person to be arrested of the
intention to arrest him and cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after
its commission, or has escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest. (9a)
• Section 10. Officer may summon assistance. — An officer
making a lawful arrest may orally summon as many persons as
he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting
the arrest when he can render such assistance without detriment
to himself. (10a)
• Section 11. Right of officer to break into building or enclosure.
— An officer, in order to make an arrest either by virtue of a
warrant, or without a warrant as provided in section 5, may break
into any building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused admittance
thereto, after announcing his authority and purpose. (11a)
• Section 12. Right to break out from building or
enclosure. — Whenever an officer has entered the
building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary to
liberate himself. (12a)
• Section 13. Arrest after escape or rescue. — If a
person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a
warrant at any time and in any place within the
Philippines. (13)
• Section 14. Right of attorney or relative to visit person arrested.
— Any member of the Philippine Bar shall, at the request of the
person arrested or of another acting in his behalf, have the right
to visit and confer privately with such person in the jail or any
other place of custody at any hour of the day or night. Subject to
reasonable regulations, a relative of the person arrested can
also exercise the same right. (14a)
CIRCULAR NO. 14-93 July 15, 1993
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL
CIRCUIT TRIAL COURTS

SUBJECT: GUIDELINES ON THE KATARUNGANG

PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT
CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII,
TITLE I, BOOK III, R.A. 7160. OTHERWISE KNOWN AS THE
LOCAL GOVERNMENT CODE OF 1991).
I. All disputes are subject to Barangay conciliation pursuant to the
Revised Katarungang Pambarangay Law (formerly P.D. 1508,
repealed and now replaced by Secs. 399-422, Chapter VII, Title I,
Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known
as the Local Government Code of 1991), and prior recourse
thereto is a pre-condition before filing a complaint in court or any
government offices, except in the following disputes:
1. Where one party is the government, or any subdivision or
instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions;
3. Where the dispute involves real properties located in different
cities and municipalities, unless the parties thereto agree to
submit their difference to amicable settlement by an appropriate
Lupon;
4. Any complaint by or against corporations, partnership or
juridical entities, since only individuals shall be parties to
Barangay conciliation proceedings either as complainants or
respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
5. Disputes involving parties who actually reside in barangays of
different cities or municipalities, except where such barangay
units adjoin each other and the parties thereto agree to submit
their differences to amicable settlement by an appropriate Lupon;
6. Offenses for which the law prescribes a maximum penalty of
imprisonment exceeding one (1) year or a fine over five thousand
pesos (P5,000.00);
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice
from being committed or further continued, specifically the following:
• a. Criminal cases where accused is under police custody or detention
(see Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);
• b. Petitions for habeas corpus by a person illegally deprived of his
rightful custody over another or a person illegally deprived or on acting
in his behalf;
• c. Actions coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support
during the pendency of the action; and
• d. Actions which may be barred by the Statute of Limitations.
9. Any class of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of
Justice;
10. Where the dispute arises from the Comprehensive Agrarian
Reform Law (CARL) (Sec. 46 & 47, R.A. 6657);
11. Labor disputes or controversies arising from employer-
employee relations (Montoya vs. Escayo, et al., 171 SCRA 442;
Art. 226, Labor Code, as amended, which grants original and
exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of
Labor and Employment);
12. Actions to annul judgment upon a compromise which may be
filed directly in court (See Sanchez vs. Tupaz, 158 SCRA 459).