NAME: John Toribio L.

Rosillo
SUBJECT: Criminal Justice 1 (CLJ1)
SCHEDULE:

SUMMARIZED NARRATIVE ON HOW THE PERPETRATOR IS BROUGHT TO THE

CRIMINAL JUSTICE PROCESS IN THE PHILIPPINES

The criminal justice system, essentially, is the system or process in the community by

which crimes are investigated, and the persons suspected thereof are taken into custody,

prosecuted in court and punished, if found guilty, provisions being made for their correction and

rehabilitation. The Philippine criminal justice system is composed of five parts or pillars,

namely, law enforcement, prosecution, judiciary, penology, and the community.

When a person violates a law he or she apprehended by the police or any enforcement

agency like the NBI, Narcotics group which is the Law enforcement pillars. The perpetrator will

first undergo on the law enforcement process in which the law enforcement consists of the

officers and men of the Philippine National Police (PNP), the National Bureau of Investigation

(NBI), and other agencies. When they learn of the commission of crimes or discover them, their

duty is to:

a) Investigate the crime which may take the form of surveillance and observation of

suspects, other persons and premises; interviewing persons with knowledge of facts

directly or indirectly connected with the offense; taking photographs (surreptitiously or

otherwise); arranging for entrapment; searching premises and persons subject to

constitutional and statutory safeguards; and examining public and other available records

pertaining to the persons involved and getting copies of pertinent entries.

b) Arrest suspects by virtue of a warrant of arrest issued by a judge on the basis of evidence

submitted by them or under circumstances justifying a warrantee’s arrest.

c) Refer the case and the suspects to the Office of the Public Prosecutor or Municipal Trial

Court for preliminary investigation or directly to the Municipal Trial Court for trial and

judgment.
 But if the case may be diverted where no sufficient ground can sustain complaint against the

suspect and he or she will be reverted to the community. After the law enforcement process the

perpetrator will then undergo with the prosecution process where the investigation and

prosecution of all cases involving violations of penal laws are lodged with the Department of

Justice (DOJ) through its National Prosecution Service (NAPROSS). The DOJ is headed by the

Secretary of Justice with three Undersecretaries assisting him. The prosecution process starts the

moment the law enforcer, the complainant or public officer in charge of the enforcement of the

law alleged to have been violated files a case against a suspected criminal. With such filing,

preliminary investigation will set in and the second stage in the life of a criminal action is now in

progress. The first stage is the police investigation. Preliminary investigation is the stage at

which the public prosecutor evaluates the finding of the police or the evidence submitted directly

by a complainant or public officer in charge of the enforcement of the law alleged to have been

violated, to determine if prosecution of the suspect in court is warranted. The Rules of Court

define preliminary investigation as an inquiry on proceeding for the purpose of determining

whether there is sufficient ground to engender a well-founded belief that a crime cognizable by

the Regional Trial Court has been committed and that respondent is probably guilty thereof, and

should be held for trial. But the case may be diverted where no probable cause can sustain a

prosecution and he or she will be reverted to the community. The next process that the

perpetrator will undergo is the judicial process where if the preliminary investigation results in

the finding that a crime has been committed and the suspect is probably guilty thereof, the public

prosecutor will file the corresponding information in the proper court; thus, activating the

judicial process.

The case shall then be set for arraignment which is the first stage of a criminal action. It

consists of the reading of the information or criminal complaint in court to the accused in open

court. The accused is then asked how he pleads. The accused may plead guilty or not guilty to

the offense charged. If he refuses to plead, a plea of not guilty will be entered for him. If the

accused pleads guilty, the court shall sentence him to the corresponding penalty if it is satisfied
of the voluntariness of the plea, and otherwise, of the guilt of the accused. If the accused

pleads not guilty, the case is set for pre-trial and/or trial. After the pre-trial stage, trial follows.

The prosecution commences the presentation of evidence, followed by the accused.

Prosecution may present rebuttal evidence. The parties may also present written arguments or

memoranda after which the case is deemed submitted for decision. After the reception of the

contending parties pieces of evidence, the case is now submitted for decision which the court

must render within ninety days after trial. If the court acquits the accused because in its view

he is innocent or his guilt is not proven beyond reasonable doubt, the case is definitely ended.

Appeal by the prosecution is barred by the principle of double jeopardy. On the other hand, if

it convicts the accused because in its view his guilt of the crime charged has been established

beyond reasonable doubt, the latter may move for a new trial or reconsideration which may be

based on the grounds stated in the law. The motion for reconsideration may be based on the

errors of law or fact in judgment. In lieu of moving for new trial or reconsideration or after

denial of such motion, the convicted accused may appeal to the Court of Appeals or the

Supreme Court within the time fixed by law. If the appeal of the convicted accused is

unsuccessful and his conviction is affirmed, the case will be remanded to the court of origin

for the execution of the judgement. The latter court will set a date for the accused to present

himself for the enforcement of the judgement. At the time thus appointed, the court will issue

an order of commitment and the accused is passed on the next component. The last process for

the perpetrator is the Penal Or Correctional Process where punishment is the isolation of the

convicts by imprisonment for the periods laid down by the courts or in extreme cases, their

execution by the method prescribed by law—and correction and rehabilitation are functions

undertaken by the institutions set up by law, e.g., the Bureau of Prisons, Parole and Probation

Administration. In case of imprisonment, full service of sentence; diversion takes place

through the grant of parole, conditional pardon; probation is by itself a diversion process then

the offender will be reverted to the community.