COURSE

UNIT 3

THE CJS PROCESS &

PROVISIONS OF
RA 7160

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE

CLAW112 SYSTEM
TOPICS

• CJS as a System and a Process

• Stages of the Criminal Justice
Process
• Terms to Ponder
• Republic Act 7160
THE PHILOSOPHIES BEHIND THE CRIMINAL
JUSTICE SYSTEM
1. The Adversarial Approach
 The adversarial approach assumes
innocence. The prosecutor representing
the State must prove the guilt. The
adversary approach requires that the
proper procedures are followed,
procedures designed to protect the rights
of the accused.
 The adversary system embodies the basic
concept of equal protection and due
process. These concepts are necessary in
order to create a system in which the
accused has a fair chance against the
tremendous powers of the prosecutors
and the resources of the State.
2. The Inquisitorial approach:
 The inquisitorial system assumes guilt; the accused
must prove that they are innocent. The inquisitorial
approach places a greater emphasis on conviction
rather than on the process by which the conviction is
secured.
3. Mixed – this is the combination of the inquisitorial
and accusatorial systems. The examination of defendant
and other persons before the filing of the complaint or
information is inquisitorial.
NOTE : The judicial set-up in the Philippines is
accusatorial or adversary in nature. It contemplates two
contending parties before the court, which hears them
impartially and renders judgment only after trial.
THE CONCEPT OF DUE PROCESS OF LAW

 The concept of due process means that those who are

accused of the crimes and those who are processed
through the Criminal Justice System must be given the
basic rights guaranteed by the Constitution.
 Criminal due process requires that the accused be tried
by an impartial and competent court in accordance
with the procedure prescribed by law and with proper
observance of all the rights accorded to him under the
Constitution and applicable statute.
HE CONCEPT OF EQUAL PROTECTION

The equal protection clause in

essence declares that the state may
not attempt to create or enforce
statutes against a person solely
because of specific characteristics
such as race, age or sex
ILIPPINE CRIMINAL JUSTICE SYSTEM SETTING:
 The Law Enforcement, particularly the
Philippine National Police (PNP) is under
the Department of the Interior and Local
Government (DILG); while the National
Bureau of Investigation is an agency
attached to the Department of Justice
(DOJ).
 The Prosecution Service is under the
DOJ, while the OMBUDSMAN is a
Constitutional body independent from
even the three major and co equal branch
of the government;
 The Courts, meaning the regular civil
courts, including the
SANDIGANBAYAN and Special
Criminal Courts, are under the
Supervision and control of Supreme
Courts. Although, judges of the
Municipal Trial Courts, Municipal
Circuit Trial Courts, at times are tasked
to perform executive functions when
they are conducting Preliminary
Investigation which is primarily an
Executive function.
ILIPPINE CRIMINAL JUSTICE SYSTEM SETTING:

The Correctional Institutions are either

under the DOJ or DILG.
 - The Bureau of Prison or the National

Penitentiary is under the DOJ;

 - By virtue of RA 6975, the Bureau of

Jail Management and Penology (BJMP)

is in charge of the City or Municipal
Jails while the Provincial government is
in charge of the Provincial jails. Both
are under the DILG.
BARANGAY COUNCILIATION (RA 7160 Local Gov’t Code of 1991)

Republic Act No. 7160 - It

is an Act providing for a
Local Government Code of
1991.
 What is superseded PD

1508? It was superseded

by Chapter 7, Section 399
to 422 of RA 7160