THE FIVE PILLARS OF THE CRIMINAL JUST
I – THE COMMUNITY; II – THE LAW ENFORCEMENT; III – THE PROSECUTION
As we shall see, OUR CRIMINAL JUSTICE SYSTEM IS COMPOSED OF FIVE PILLARS THAT FUNCT
LINKS BREAKS THE CHAIN, RESULTING TO A BREAKDOWN OF THE SYSTEM: INORDINATE DE
CONVICTION OF THE INNOCENT
Such weakness can be caused by lack of concern on the part of people in the community, or inefficiency
other pillars.
I – THE COMMUNITY:
The Filipino community produces our law enforcers (policemen, traffic enforcers, NBI agents, PDEA
prosecutors (DOJ and Ombudsman prosecutors/investigators); judges (Municipal Trial Courts, Regional
Appeals and the Supreme Court); and correction officials and personnel (municipal jails, provincial jails,
facilities).
A rotten community will always produce rotten law enforcers, prosecutors, judges, justices and
Members of the community are also the victims of crimes, direct or indirect. They are also the beneficiar
peaceful and fear-free environmen
The community is also the greatest source of information about the commission of a crime. It is from
whistleblowers.
Most crimes against property (theft, robbery, etc.) are dismissed because the victim does not testify in c
and robbers are set free, free again to stea
II – THE LAW ENFORCEMENT:
To this group belong policemen, National Bureau of Investigation agents, Philippine Drugs Enforceme
Immigration officers, Bureau of Internal Revenue examiners, Commission on Audit auditors, Ombudsman
Land Transportation Office and Traffic enfor
They enforce the law by ensuring compliance therewith, conduct investigations to uncover commiss
prosecutor’s (fiscal’s) office (if the offender is not a government employee/official) or the Office of the Om
in court if a criminal charge is lodged in Court by the prosecutor’s offic
III – THE PROSECUTION:
To this group belong the City, Provincial and Regional State Prosecutors of the Department of Justice, a
They conduct preliminary investigations (if the respondent was not caught in the act of committing the cr
committing the crime) to determine whether or not there is probable cause (reasonable ground) to prosec
criminal charge against the respondent before the court. Other
Once the criminal case is filed in court, the court issues a warrant of arrest against the accused (if he wa
the accused was caught in the act of committing the crime and he has not yet posted bail or the offense
reclusion perpetua or death).
The prosecutor ([fiscal] from the DOJ for crimes committed by non-government people, or from the Om
fiscals can prosecute criminal cases against government people under the continuing authority of the Off
of the Philippines) and prosecute the case. The victim, the law enforcer (who investigated the crime) a
defend the accused. After the trial, the court will now decide whether or not the accused is guilty. If he is,
he shall be acquitted (set free).
IV – THE COURTS:
To this group belongs the Municipal Trial Courts (for crimes punishable by imprisonment not exceedin
violations of the Muslim Code), the Regional Trial Courts (for crimes punishable by imprisonment of mor
Courts), the Sandiganbayan (for crimes committed by government officials with salary grade 27 and ab
fiscals can prosecute criminal cases against government people under the continuing authority of the Off
of the Philippines) and prosecute the case. The victim, the law enforcer (who investigated the crime) a
defend the accused. After the trial, the court will now decide whether or not the accused is guilty. If he is,
he shall be acquitted (set free).
IV – THE COURTS:
To this group belongs the Municipal Trial Courts (for crimes punishable by imprisonment not exceedin
violations of the Muslim Code), the Regional Trial Courts (for crimes punishable by imprisonment of mor
Courts), the Sandiganbayan (for crimes committed by government officials with salary grade 27 and ab
appeals from the decisions of the Regional Trial Court in criminal cases against government employee
decisions of the Regional Trial Courts in criminal cases against non-government people), and the Sup
Sandiganbayan and automatic review of decisions of the Regional Trial Courts and the Sandiganb
V – CORRECTIONS:
To this group belong the various Jails (Municipal, City and Provincial Jails), the Bureau of Corrections (in
pending in court, the accused shall be detained at the Municipal, City or Provincial Jail unless he posts a
conviction, the convict will be sent to the Bureau of Correcti
Our criminal justice being also a corrective one, the correction officials are mandated to see to it tha
community after serving his sentenc
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RS OF THE CRIMINAL JUSTICE SYSTEM
NT; III – THE PROSECUTION; IV – THE COURTS; and V – CORRECTIONS.
FIVE PILLARS THAT FUNCTION LIKE A CHAIN OF LINKS. ANY WEAKNESS IN ANY OF THESE
E SYSTEM: INORDINATE DELAYS IN THE PROCEEDINGS, ACQUITTAL OF THE GUILTY AND
VICTION OF THE INNOCENT.
he community, or inefficiency and corruption on the part of the public officials composing the four (4)
other pillars.
I – THE COMMUNITY:
enforcers, NBI agents, PDEA agents, COA auditors, Ombudsman fact-finding investigators, etc.);
nicipal Trial Courts, Regional Trial Courts and Sharia Courts); justices (Sandiganbayan, Court of Tax
municipal jails, provincial jails, city jails, the Bureau of Corrections [Muntinlupa] and other correctional
facilities).
secutors, judges, justices and correction officials. The spring cannot rise above its source.
t. They are also the beneficiaries of an efficient and effective criminal justice system in the form of a
eful and fear-free environment.
ommission of a crime. It is from the community that most witnesses come, including victims and
whistleblowers.
the victim does not testify in court, especially when the stolen property is recovered. Hence, thieves
are set free, free again to steal and rob!
THE LAW ENFORCEMENT:
, Philippine Drugs Enforcement Agency agents, the Military, Bureau of Customs police, Bureau of
n Audit auditors, Ombudsman fact-finding investigators, Commission on Human Rights investigators,
rtation Office and Traffic enforcers, etc.
tigations to uncover commissions of crimes and violations of laws, file criminal cases before the
fficial) or the Office of the Ombudsman (if the offender is a government employee/official), and testify
Court by the prosecutor’s office or the Office of the Ombudsman.
II – THE PROSECUTION:
f the Department of Justice, and the investigators and prosecutors of the Office of the Ombudsman.
n the act of committing the crime) or inquest proceedings (if the respondent was caught in the act of
(reasonable ground) to prosecute the respondent in court. If they found probable cause, they lodge a
ondent before the court. Otherwise, they dismiss the case.
against the accused (if he was not caught in the act of committing the crime) or commitment order (if
yet posted bail or the offense is non-bailable because the crime is punishable by life imprisonment,
clusion perpetua or death).
nment people, or from the Ombudsman for crimes committed by government people, although the
continuing authority of the Office of the Ombudsman) now stands as the lawyer for the State (People
who investigated the crime) and other witnesses will now testify in court. The defense counsel will
the accused is guilty. If he is, then he shall be penalized (fine, or imprisonment, or both). If he is not,
shall be acquitted (set free).
IV – THE COURTS:
by imprisonment not exceeding six (6) years), the Shari’a Circuit Courts in the ARMM (for criminal
hable by imprisonment of more than six years, and appeals from the decisions of the Municipal Trial
s with salary grade 27 and above regardless of the penalty prescribed for the offense charged, and
continuing authority of the Office of the Ombudsman) now stands as the lawyer for the State (People
who investigated the crime) and other witnesses will now testify in court. The defense counsel will
the accused is guilty. If he is, then he shall be penalized (fine, or imprisonment, or both). If he is not,
shall be acquitted (set free).
IV – THE COURTS:
by imprisonment not exceeding six (6) years), the Shari’a Circuit Courts in the ARMM (for criminal
hable by imprisonment of more than six years, and appeals from the decisions of the Municipal Trial
s with salary grade 27 and above regardless of the penalty prescribed for the offense charged, and
against government employees below salary grade 27), the Court of Appeals (for appeals from the
ernment people), and the Supreme Court (for appeals from the decisions of the Court of Appeals,
ial Courts and the Sandiganbayan where the penalty imposed is reclusion perpetua or death).
V – CORRECTIONS:
the Bureau of Corrections (in Muntinlupa) and other correctional facilities. While the criminal case is
ovincial Jail unless he posts a bail bond for his provisional liberty and if the offense is bailable. After
sent to the Bureau of Corrections to serve his sentence.
are mandated to see to it that the convict is reformed and is able to re-integrate himself into the
unity after serving his sentence.
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