PLT COLLEGE, INC.

BAYOMBONG, NUEVA VIZCAYA

College of Criminal Justice Education

Module in CLJ 1 (Introduction to Philippine Criminal Justice System)

Course: CLJ 1
Course Title: Criminal Justice System
Course Credits: 3 units
Contact Hours/week: 4 hours
Prerequisite: CRIMINOLOGY 1

Course Description: This course deals with the study of the five pillars of the Criminal Justice
System in the Philippines-the Law Enforcement, Prosecution, Court, Corrections, and
Community. It also covers their respective functional relationship as well as the individual
roles in the administration of justice and solution of crimes. This course includes the
procedures and the practices of the criminal justice system with its linkages to law
enforcement services, the prosecution, court, correction and community. This course also
incorporates the scientific study of crimes, criminals, societal responses to their behavior in
penal and non-penal setting and the administration of criminal justice correction including
parole.

Course Outcomes:
At the end of the trimester, the students are expected to have:

1. Remember the role of the Criminal Justice System in Crime prevention and control.
2. Understand the pillars of criminal justice system and explain their role and how
they process a person until he can be referred to as a criminal.
3. Analyze the American Justice System from that of our country’s justice system.
4. Understand the origin of justice and early concepts and types of justice.
5. Analyze the mission, vision and objectives of the CJS.
6. Understand the general function and operation of the criminal justice system.
7. Evaluate fully the importance of the five pillars of the CJS.
8. Understand the objectives of the CJS.
9. Evaluate the respective responsibility in the maintenance of peace and order in the
community.
10. Evaluate the loop holes and recommended solutions to some problems.
11. Analyze our Criminal Justice System with other countries.
12. Evaluate the benefits and objectives of Restorative Justice and trace its evolution
and how it can change the modern concept of justice.

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 TOPIC 1
Introduction to Criminal Justice System: Concepts

OBJECTIVES:

At the end of the lesson, the students are expected to:

● explain the concept of the Criminal Justice System.
● appreciate the functions of the five pillars.
● understand the various terminologies used in studying this course.

INTSTRUCTIONAL MATERIALS

Introduction to CJS handouts and power point

DURATION: 1 hour and 30 minutes

TEACHING-LEARNING ACTIVITY/LESSON PROPER

Introduction to Criminal Justice System

OVERVIEW OF THE CJS

The Philippines, like any other country that function under a system of a democratic society,
operates its criminal justice system apparatus whereby society identifies, investigates, accuses,
tries convicts, punishes, and rehabilitation criminal offenders. Hence, the Philippines Criminal
Justice System may be viewed in three (3) challenging perspectives, such as the following:

First
It assert the idea of DETERRENCE, the notion that the threat of sanctions can prevent crimes by
creating a fear of punishment for those who might break the law;

Second
It adheres on the principles of the RETRIBUTION, the idea that criminal offenders deserve to suffer
for the harm they have done, and their punishment should be proportionate to the harm inflicted;

Third
It support on the notion of behavioral change, which proposes that criminal sanctions should aim to
REFORM convicted criminal offenders so that they will stay away from crime in the future.

CRIMINAL JUSTICE SYSTEM DEFINE:

Criminal Justice System – The machinery which the society uses in the prevention and
control of crimes. It may also refer to the totality of the activities of the law enforcers,
prosecutors, judges, and corrections personnel, as well as those of the mobilized
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community in crime prevention and control.
In theory, Criminal Justice System is an integrated apparatus that is concerned with the
following;

● apprehension,
● prosecution,
● trial,
● conviction,
● sentencing and
● rehabilitating or correcting criminal offenders.
Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.

People involved in the system (Parties to the criminal case)

1. Accused = The most pampered party in a criminal case.
2. Victim/complainant = The forgotten party in a criminal case.
3. People of the Philippines = The actual offended party.

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Background Study of Crime, Criminal, Justice and System
A. Essence of Justice
The figure of Justitia, the goddess of justice, is considered to be a symbol of justice. In
her left hand she holds scales (symbolic of using just weights for measuring goods and of having balanced
opinions) and in her right hand a sword (to ensure that justice is in victor). To represent impartial judgment,
she wears a blindfold.
Mortimer J. Adler’s two precepts as indicating the true essence of justice:
1. “render to each is due”. For instance, if one borrows money promising to pay it back, the just thing to do is
to pay it back. It is rendering to him what is due. To refuse to pay it back is unjust since it amounts to keeping
what belongs to another.
2. “treat equals equally and unequal unequally in proportion to their inequality,” For example, if all
members of a class in school did not do their assignments, all should receive the same grade otherwise there
will be injustice. Justice involves equal punishment for identical offenses and equal rewards for identical merits.

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 Another way of explaining it is by saying “to each according to his deserts,” meaning that
those who contribute more should receive more and those contribute less will receive less but knowing that
does not tell us how to determine the relative contribution of each individual.

What is the definition of crime and what are its classifications?

A crime is an act or omission punishable by law, forbidding or commanding it. (Reyes, 2008)

Elements of Crime
o There must be an act or omission.
o The act or omission must be in violation of law.
o The act or omission is performed by means of dolo and culpa.
Act or Commission and Omission distinguished.
An act or a commission is any bodily movement tending to produce some effect in the external world,
its being unnecessary that the same be actually produced, as the possibility of its production is sufficient.
While omission means inaction or failure to perform a positive duty which one is bound to do. There
must be a law requiring the doing or performance on an act.

The legal classifications of crime:

The legal classifications of crime are the following:

a. According to the law punishing it;

 Felony – An act or omission in violation of the Revised Penal Code.
 Misdemeanor – An act or omission in violation of a city or municipal ordinance.
 Offense – An act or omission punishable by special penal laws.
Take Note: In most discussions in this book or in ordinary communication, however, the terms crime, felony,
and offense may be used interchangeably.

b. According to presence or absence of intent;

 Intentional crime; and murder
 Culpable crimes. accident

c. According to gravity;
 Grave;
 Less - grave; and
 Light felonies.

d. According to impact to the society, and

 Mala en se – The act is wrong from their nature, such as theft, rape, homicide, etc. Crimes mala in se
are those so serious in their effects on society as to call for almost unanimous condemnation of its
members.
 Mala Perse – The act is wrong because it is immoral.
 Mala Prohibita – The act is wrong because there is a law or statute prohibiting it, such as illegal
possession of firearms.
o Crimes mala prohibita are violations of mere rules of convenience designed to secure a more
orderly regulation of the affairs of society
e. According to presence or absence of attempted and frustrated stage.
 Formal crimes; and
 Material crimes. (Lecture of Humiding, 2003; Garcia & Garcia, 2002: Reyes, 2008)

The Criminal and Criminal Law.

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 Notably, the principal character of the Criminal Justice System is the offender or criminal.
Who is a criminal?
 According to Shonle Cavan, he defines criminal as a person who confessed too or been
convicted by trial court of violation of criminal law.

Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their
punishment.

Court systems of the world are of two types:

1. Adversarial, where the accused is innocent until proven guilty; and
2. Inquisitorial, where the accused is guilty until proven innocent or mitigated.

The process of criminal justice system.

1. The Police are responsible of gathering evidence and arresting the law offender.
2. The Prosecutor is responsible for evaluating evidence, which the police gathered, and deciding whether it is
sufficient to the warrant filing charges against the allege accused.
3. The Defense lawyer, whether privately retained or provided by the government, are responsible for
defending the accused.
4. The Judge, during trial, is an arbitrator in court who ensures that defenses evidence, examining and cross-
examining witnesses.
5. The Judge at the end of the trial renders the decision.
6. The Probation officer conducts pre-sentence investigation, which Judges will make use of in the
determination of sentence; also conducts post-sentence investigation to determine if the petitioner has no
derogatory records to be qualified for probation; also supervise convicted offender placed on probation.
7. The Offender, if convicted and sentence, the prison system received and keeps them until the parole board
grants them parole or they have completed their sentence.
8. Finally, the Parole department assists released prisoners in their returns to the community.

The Five (5) Pillars/Components of the PCJS and their functions

1. Law Enforcement – maintains order and enforces the criminal law. It is said to be the prime mover of the
justice system because they are the one who initiates the justice process by arresting the law violator. They
are the first contact of law violators.

2. Prosecution – presents the government’s case from the time of the defendants arrest to conviction and
sentencing in the criminal court

3. Court – determines the guilt or innocence of those offenders brought before it and expected to convict and
sentence those found guilty of crimes while insuring that the innocent are freed without any consequence or
burden.

4. Corrections – ordinarily represent the post-adjudicating care given to offenders when sentence is imposed
by the court and the offender is placed in the hands of the correctional.

5. Community – participates in the rehabilitation of the offender once he is sent back to the society.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER
THE CRIMINAL JUSTICE SYSTEM:

1. At the police stage, during investigation, he is referred to as the SUSPECT.

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 2. At the Prosecutors office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can really
be considered as a CRIMINAL.

FIRST PILLAR: LAW ENFORCEMENT

The law enforcement pillar is the branch of the criminal justice system that has the specific
responsibility of maintaining law and order and combating crime within the society.
The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover”
of the Criminal Justice System. This pillar is also commonly referred to as the police pillar.
This pillar is comprised of the different law enforcement agencies in the country such as the
Philippine National Police, the National Bureau of Investigation, the Philippine Drug Enforcement
Agency, the Bureau of Customs, the Bureau of Internal Revenue, and the Land Transportation Office,
among many others.

PHILIPPINE NATIONAL POLICE

- Organized pursuant to RA 6975, as amended by RA 8551 as further amended by R.A. 9708.

RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:

1. RA 6975 - An Act establishing the Philippine National Police under a reorganized

Department of the interior and Local Government and for other purposes, otherwise known as DILG
Act of 1990, was approved on December 13, 1990 and made effective on January 1, 1991.

2. RA 8551 – An Act providing for the Reform and Reorganization of the PNP, otherwise
known as PNP Reform Act of 1998, was passed into law on February 25, 1998.

3. RA 9708 - “An Act extending for 5 years the reglementary period for complying the minimum
educational qualification for appointment to the PNP and adjusting the promotion system
thereoff passed on August 12, 2009

PHILIPPINE NATIONAL POLICE

- a law enforcement agency under the DILG.

- under administrative control and operational supervision of the National Police Commission.

CONSTITUTIONAL BASIS

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 It is an organization that is national in scope and civilian in character, as provided by
Section 6, Article 16 of the 1987 Philippine Constitution: “The state shall establish and maintain
one police force which shall be national in scope and civilian in character…”

POLICE DISCRETION
It is an authority conferred by law to act in a certain condition or situation in accordance with an officer
or an official agency’s own considered judgment or conscience. It is simply the wise use of one’s
judgment in a police situation requiring immediate and decisive action.
Some Discretion of the Police
a) To strictly enforce the laws and ordinances
b) To be lenient in the enforcement of laws and ordinances.
c) To apply for search warrants
d) To arrest the suspect’s or just merely warn him
e) To gather additional evidence or immediately file in case against the suspect
f) To follow-up cases

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

I. LAW ENFORCEMENT
The Philippine National Police has the power to enforce laws and ordinances relative to the
protection of lives and property, such as the Revised Penal Code, other special penal laws and
city and municipal ordinances.

II. CRIME PREVENTION - the elimination of the opportunity for the commission of a crime.

III. POLICE PATROL

Patrol has been described as the backbone of the police department. Theoretically,
patrol officers are the most valuable people in the organization.

IV. CRIME DETECTION

Crime detection is the discovery of the police that a crime had been committed.
There are traditional ways that occurrence of crime is made known to the police:
1) when the victim personally reports the crime to the police;
2) when a witness personally reports the crime to the police; and
3) when the police catches an offender while in the commission of a crime.

V. CRIMINAL APPREHENSION - the legal term for criminal apprehension is arrest.

ARREST (Rule 113, Sec. 1)

Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

MODES OF ARREST

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 1. Arrest by virtue of a warrant
2. Arrest without a warrant

An arrest may be made on any day and at any time of the day or night, even on a Sunday.

CIRCUMSTANCES OF WARRANTLESS ARREST:

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. (Rule
113, Sec. 5)

VI. SEARCH AND SEIZURE

Search refers to the examination of an individual’s person, house, papers or effects, or other
buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action

SEARCH WARRANT

- an order in writing issued in the name of the People of the Philippine, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein,
and bring it before the court
- has a validity period of TEN (10) days
- can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

CIRCUMSTANCES OF WARRANTLESS SEARCH:

a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court (in
flagrante delicto arrest)
b. Seizure of evidence in plain view/plain view doctrine
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
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 f. Stop and frisk search, and
g. Exigent and emergency circumstances

VII. CRIMINAL INVESTIGATION - is an art, which deals with identity and location of the
offender and provides evidence of his guilt in criminal proceedings.

NATIONAL BUREAU OF INVESTIGATION (NBI)

The National Bureau of Investigation had its inception on 13 November 1936 upon the
approval of Commonwealth Act No. 181 by legislation.

It was the brainchild of the late President Manuel L Quezon and was first organized as a Division of
Investigation (DI) patterned after the United States Federal Bureau of Investigation.

The Bureau assumes an increasingly significant role as a law enforcement agency, thus on 19 June
1947 and by virtue of Republic Act No. 157 it was reorganized into the Bureau of Investigation.

The law was later amended by Executive Order No. 94 issued on 4 October 1947 renaming it into
what it is presently known as the National Bureau of Investigation.

The NBI is a government entity that is civilian in character, and national in scope which is
under the Department of Justice.

The National Bureau of Investigation is presently under the Department of Justice performing the
principal functions of detecting, investigating, and prosecuting crimes towards the end of preventing
criminality. Among the activities the NBI conducts are :
 to detect and investigate crimes;
 to investigate civil or administrative cases of interest to the government upon
request;
 to act as the national clearing house of criminal records and other information;

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

- created by the virtue of Republic Act 9165.

- serves as the implementing arm of the Dangerous Drug Board (DDB).
- Responsible for the efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as provided in RA 9165.
- headed by Director General with the rank of Undersecretary, appointed by the President.
- The head of the PDEA is assisted by 2 deputies Director General, with the rank of
Assistant Secretary, 1 for Operations and 1 for Administration, also appointed by the
President.
-
OTHER LAW ENFORCEMENT AGENCIES

 Bureau of Fire Protection;

 Bureau of Jail Management and Penology;
 Bureau of Customs;

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  Bureau of Internal Revenue;
 Bureau of Food and Drugs; and
 Optical Media Board.

CHAPTER 2: PROSECUTION COMPONENT

Learning Outcomes:
 Explain the role of prosecution the CJS process
 Illustrate the concept of the functioj of criminal justice system (Prosecution)
 Trace and discuss the prosecution process

SECOND PILLAR: PROSECUTION

PROSECUTION DEFINED

The prosecution arm of the government is generally vested in the Department of Justice
(Administrative code of 1987) under the direction, supervision and control of the secretary of justice
where the interest of the government is in issue.

PROSECUTION DEFINED
● Prosecution is the process or method whereby accusations are brought before the court of
justice to determine the guilt or innocence of the accused.
● Serving as the lawyer of the State/government in criminal cases, the prosecutor is
automatically considered an officer of the court; at the same time, he is formally a member of the
Department of Justice, under the Executive branch of the Government, and thus independent from
the judiciary.

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● The prosecution service is made up of Provincial and City Public Prosecutors under the
National Prosecution Service (NPS). They perform to types of prosecutorial powers; investigatory and
prosecutory such as:
 They evaluate the police findings referred to them, or other complaints filed directly with
them by individual persons (e.g. government officers in charge of enforcement of law
violated);
 They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper
courts on the basis of their evaluation of the proofs at hand; and
 They prosecute the alleged offenders in court, in the name of the People of the
Philippines.

The PROSECUTION PILLAR takes care of evaluating the evidences and formally charges the
suspects before the court. It serves as the screening process on whether to file a case based
on evidences or dismiss the same.

It determines what particular crime shall be formally filed and present the burden of proof
against the suspected individual in the court.

Prosecution is the course of action or process whereby accusations are brought before a court of
justice to determine the innocence or guilt of he accused.
the institution or continuance of a criminal suit involving the process of exhibiting formal
charges against an offender before a legal tribunal and pursuing final judgment on behalf of
the state or government;

Prosecution - party in a criminal proceeding who instituted the criminal action.

Defense - party against whom the criminal action was instituted.

In all criminal prosecutions, the real offended party is the People of the Philippines, for a
crime is an outrage against, and its vindication is in favor of, the people in a sovereign state. Thus, all
criminal cases are titled “People of the Philippines vs. _____(the name of the accused).

WHO IS A PROSECUTOR?

1. One who investigates the prosecution upon which an accused is arrested; one who prepares an
accusation against the party whom he suspects to be guilty. one who prosecutes another for a crime
in the name of the government.
2. An officer of the government whose function is the prosecution of criminal actions or suits partaking
of the nature of criminal actions.

Basic Law affecting Prosecution

PD 1275 issued on 11 April 1978 Reorganizing the Prosecution Staff of the Department of Justice
and the Offices of the Provincial and City Fiscals, Regionalizing the Prosecution Service, and
Creating the National Prosecution Service

PROSECUTION AGENCIES

1. Government agencies
a. National Prosecution Service
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 b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal Prosecutors
f. Public Attorney’s Office

2. Non-Government prosecuting agencies

IBP – CLAO – FLAG – MABINI - Other legal-aid lawyer associations

FUNCTIONS OF THE PROSECUTION AGENCIES

The prosecution service has the following general functions:

1. Evaluate the police findings referred to them, or other complaints filed directly with them by
individual persons ;
2. File corresponding criminal complaints or information in the proper courts on the basis of
their evaluation on the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of the people of the Philippines.

PRELIMINARY INVESTIGATION and INQUEST PROCEEDINGS

If a person is arrested, what is the purpose of delivering him to the nearest police station or jail and
detaining him in that place?
It depends. If the arrest is with warrant, the arrested person must be detained for him to face the case
that is already filed against him or to serve his sentence if he is already convicted. However, if the
arrest is without warrant, he must be detained to undergo an inquest proceeding or preliminary
investigation. (Timpac, 2007)

PRELIMINARY INVESTIGATION

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient

ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof and should be held for trial (Sec. 112, Criminal Procedure, Rules of Court).
It is required to be conducted before the filing of the information for an offense where
the penalty prescribed by law is at least 4 yrs, 2 mos. and 1 day.

Note: The need for Preliminary Investigation depends upon the imposable penalty for
the crime charged in the complaint or information filed.

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 The purpose of conducting preliminary investigation is to establish probable cause.

Probable cause

As a ground for an arrest or issuance of a warrant of arrest

Probable Cause – such facts and circumstances that would lead a reasonably discreet and prudent
man to believe that the person sought to be arrested has committed an offense.

Prosecutorial Discretion
 is the prudent use of judgment being exercised by the investigating fiscal or prosecutor in
determining the existence of probable cause during preliminary investigation.

Purposes of Preliminary Investigation

 To protect the innocent against, hasty, oppressive and malicious prosecution
 To secure the innocent from open and public accusation of trial, from trouble expense and anxiety
of a public trial.
 To protect the state from useless and expensive trials.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial or City Prosecutors and their assistants;

b. judges of the municipal trial courts and municipal circuit trial courts
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.
1. Tanodbayan’s special prosecutors as authorized by the Ombudsman
2. COMELEC’s authorized legal officers in connection with election offenses
3. special prosecutors appointed by the Secretary of Justice

PROCEDURE FOR PRELIMINARY INVESTIGATION

See Section 3, Rule 112, Rules of Court

COMPLAINT

- is a sworn written statement charging a person with an, offense, subscribed by the
offended party, any peace officer or other public officer charged ,with the enforcement of
the law violated.

INFORMATION

- an accusation in writing charging a person with an offense, subscribed by the prosecutor

and filed with the court.

An affidavit is a statement of facts under oath.

The Summon shall be directed to the defendants, signed by the clerk of court under seal and
contain (a) the name of the court and the names of the parties to the action; (b) a direction that the
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defendant answer within the time fixed by these Rules; (c) a notice that unless the defendant so
answers plaintiff will take judgment by default and may be granted the relief applied for. (Sec. 2, Rule
14, Rules of Court)

A subpoena is a process directed to a person requiring him to attend and to testify at the hearing
or the trial of an action, or at any investigation conducted under the law, or for the taking of his
deposition (Section 1, Rule 23, Rules of Courts).
A. Subpoena duces tecum
B. Subpoena ad testificandum

INQUEST PROCEEDING

Inquest proceeding is an inquiry made by the duty prosecutor to determine the legality of the
arrest made especially those arrests made without a warrant.
This process requires the prosecutors to resolve the complaint the police filed in a prescribed
period which varies depending on the gravity of the offense:

1. light penalties = 12 hours

2. correctional penalties = 18 hours
3. afflictive penalties = 36 hours

Q: What could be the possible remedy of the suspect/offender if found out that there exist probable
cause in the offense chargev and an information was filed in court?

A: Filing of Bail
Bail – Is the security given for the temporary release of the person in custody of the law.

Forms of Bail

Bail may be given in the form of:

 Property bond – personal or real property serving as lien on the amount of bail to be paid.
 Cash deposit
 Corporate Surety – a corporation serving as a surety for the temporary liberty of the accused
person.
 Recognizance – responsible person (known probity) who will guarantee with court
appearance

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