CJS MIDTERM
CRIMINAL JUSTICE SYSTEM - system in the community charged with direct responsibility for the
prevention, reduction and control of crime.
JUSTICE- Is a social norm providing guidance for people in their dealings with one another.
LAW - defines what the rights of people are and also what their obligations are.
1. Police enforcers see that the law is observed, so that the rights of others are honored and respected.
2. Prosecutors charge in court those who deny others their rights, so that the courts can vindicate the rights
of their victims.
3. Courts determine whether or not there has been a violation of law and therefore a denial of the rights of
others and they then provide the remedies.
4. The correctional system deals with those whom the courts have found to have violated others rights by
regulating the behavior of those incarcerated.
5. The community desires a certain standard of life particularly governed by justice.
COMMUTATIVE JUSTICE – deals with the commercial transactions, exchanges, contracts or what are
known as torts (injuries done to another that make you liable in damages towards the other)
ISTRIBUTIVE JUSTICE– this pertains to how does one distributes the resources, benefits and burden of
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society in a fair manner.
SCHOOL OF THOUGHTS ABOUT JUSTICE
Positive Law Theory Justice is a creature of law made by men or what is called Positive Law. No justice
exist apart from what law creates or mandates, there is no independent or abstract standard against
which the actions of people or man-made law itself can be judged. Justice is served by adhering to
the law.
Social Good TheoryIt argued that principle of what is just and right may change as social conditions
and needs change and vary from society to society. While somewhat flexible is an objective standard:
that which serves the general or social good
Natural Right TheoryThis holds that a natural law exist that governs the affairs of men as much as it
does the phenomena of the physical universe. To natural right theorists, justice can be summarized by
this rule: Render to each his right or due.
SUBSTANTIVE JUSTICE - is that which is concerned with how best to allocate, distribute, and protect
the substantive values of society.
which behaviors are to be made criminal violations
what sanctions the law should provide for dealing with those who commit crimes
PROCEDURAL JUSTICE - is that which is concerned with how the law is administered – in other words
what mechanisms or processes are used applying the law and making decisions in specific cases.
how offenders are brought before the bar justice
the procedures used in gathering and presenting evidence
determining the guilt or innocence of the accused
deciding on the sentence to be imposed on the convicted.
NATURE OF LAW - society’s primary instrument for making known what acts are crimes and what
sanctions may be applied to those who commit acts defined as crimes. Instrument for Justice.
DEFINITION OF LAW - method of social control that is formally enacted or promulgated by the agency
or agencies of government duly authorized in that society to make law and that is subject to the
interpretation by and through the courts.
binding or enforceable rule
piece of legislation
control or authority
branch of knowledge
FORMS OF LAW
Common Law - Known in other countries as the body of principles, practices, usages and rules of
action.
Statutory law - A legislated law; or law made by the legislatures.
Case law - Law made by justices in cases decided in the appellate courts especially by the Supreme
Court.
TYPES OF LAW
1. CIVIL LAW - Law which has something to do with such things as contracts, wills, inheritances,
marriage, property, divorce, adoption, and the like and with private injuries which are called torts.
2. CRIMINAL LAW - Is that branch or division of law which defines crimes, treats of their nature and
provides for their punishment.
CRIMINAL LAW IN THE PHILIPPINES
Substantive law - this is that part of law that creates the rights and obligations of persons; defines their
status; governs their relations; confers powers upon them. Criminal Law is that part of law defining
crimes and providing penalties for these crimes - is part of substantive law.
Adjective Law - this is a part of law known also as remedial or procedural law that governs the
prosecution or defense of actions, involving the enforcement of rights and obligations. Criminal
Procedure governs criminal processes from the time of custodial investigation up to judgment – is
part of remedial law.
Public Law - that part of Philippine Law that deals principally with the powers, rights and obligations
of the state. Criminal Law is part of public law.
Private Law - that part of Philippine Law that deals with the individual, his rights, his transactions,
and his affairs. Criminal Law is a part of Philippine Public and Substantive Law while Criminal
Procedure is part of Philippine Public and Adjective (Remedial) Law.
International Law - the law governing relations between states as sovereign entities or between states
and international organizations of states such as United Nations, The International Community of
the Red Cross, the World Trade Organizations, etc.
Municipal Law - the entire body of law enacted by a jurisdiction and applied in the jurisdiction. In the
area of criminal justice, it is interesting to note that municipal law has lately been influenced
considerably by developments in the international law.
BRANCHES OF THE GOVERNMENT
LEGISLATIVE BRANCH - law-making function is lodged in the Philippine Congress, composed of
the Senate, whose members are elected by the voters of the whole country, and the House
of Representatives, whose members come from districts chosen by the voters therein.
EXECUTIVE BRANCH - duty to enforce the laws, falls on the President of the Republic of the
Philippines
JUDICIARY BRANCH - is to the Supreme Court and the other courts created by law that the judicial
function is lodged.
CJS as a System - is the machinery which the society uses in the prevention of crime.
CJS as a Process - refers to the “orderly progression of events" from the time a person is arrested or taken
out of the community, investigated, prosecuted, sentenced, punished, rehabilitated, and eventually returned
to the community.
STAGES OF CRIMINAL JUSTICE PROCESS
Arrest (Law Enforcement Process)
Charging (Prosecution Process)
Adjudication (Judicial Process)
Sentencing (Judicial Process)
Corrections (Corrections Process)
* The criminal justice process begins with the commission of a crime. But it is more accurate to say that it
begins with the detection of a crime. Detection is taken to mean not only observed acts of crime but the
results of a crime.
ARREST - is taking a person into custody in order that he may be bound to answer for the commission of
an offense (Rules of Court, Rule 113, sec. 1)
DISTINCT SEQUENCES IN DETECTION OF A CRIME
1. Police observation – Arrest – Booking – Investigation - When the police witnesses an actual crime in
progress and are able to apprehend the offender, arrestis usually immediate. The suspect is taken and
booked into the city or municipal police station and will later be detained. This procedure involve
such things as fingerprinting, identification check, and reading of rights and charges. An investigation
follows for the purpose of developing a prosecutable case against the suspect. If the police feel that is
warranted, they pass the case into the next stage – charging.
2. Complaint – Investigation – Arrest – Booking - The most common way in which crime is brought to
the attention of those in the criminal justice system is by citizen complaint to the police. Whether the
report of a crime is by a witness or a victim, an investigation is normally the next step. Unlike the first
sequence, investigation is conducted for the determination of whether the crime has actually been
committed, and if so, the identification of the offenders. If enough evidence is obtained and police
have probable cause to believe a specific person is the culprit, the case will be referred to the next stage
for the filing of a criminal case and for issuance of a warrant of arrest.
CHARGING STAGE - the prosecution decides that the suspect should be tried, criminal action is
commenced by the filing of a complaint or information.
COMPLAINT - is a sworn statement charging a person with an offense, subscribed by the offended, any
peace officer, or other public officer charged with the enforcement of the law violated. (RoC, rule 110,
sec. 3)
INFORMATION - is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court. (RoC, rule 110, sec. 3)
ARRAIGNMENT - refers to the reading of charges against the accused and the declaration of his plea. The
accused may either plead GUILTY or NOT GUILTY to the charges.
Plea - formal response made by a defendant in court regarding the allegations against them.
TRIAL - refers to the presentation of the prosecution and the defendant of their respective case and
arguments before the courts.
How is Judgment made in criminal cases?
In a criminal case, the judgment of a court must state whether the accused is guilty or not guilty of the
offense charged and impose on him the proper penalty and civil liability, if any. The judgment must be
written in the official language, personally and directly prepared by the judge and signed by him. (RoC, Rule
120, Sec. 1) Civil liability is usually a monetary indemnity by the accused to the victim or the victim’s heirs.
SENTENCING STAGE - In sentencing, the Judge will consider all circumstances surrounding the case and
it is his duty to apply the provisions of the law in rendering punishment or sentence against the accused.
CORRECTION STAGE - This stage involves the convicted person’s serving of the sentence imposed. It is
the stage where the offender will be reformed or rehabilitated prior to his reintegration in the community.
PILLARS OF THE CRIMINAL JUSTICE SYSTEM
POLICE/ LAW ENFORCEMENT - Installed as the forefront of the CJS, being the initiator of the CJS
process, they are the first contactof the law violator in the CJS process. It is the police that investigates,
makes arrests and prepares evidenceagainst the suspects needed to prosecute them.
*The word POLICE originated from the Greek word Politeia meaning government of a city. Itapplied to
civil officers and not necessarily policeman. The Romans changed the word slightly to [Link] French
changed the word Police and applied it to that person who actually enforced the [Link], the English
and the Americans borrowed the word intact from the French and used to describe alaw enforcer.
CRIME DETECTION - is the process of discovering, identifying, and collecting evidence to determine that
a crime has occurred and who is responsible.
CRIME INVESTIGATION - is the process of gathering evidence, interviewing witnesses, and analyzing
facts to identify the offender and solve the crime.
PRELIMINARY/INITIAL INVESTIGATION - beginning phase of a systematic inquiry into analleged
crime. The patrolman should always carry out, or participate in the preliminaryinvestigation except in
those cases where the crime was discovered long after it was committed. Insuch instances the investigator
could be the one who conducts both the initial and continuinginvestigation.
FOLLOW UP INVESTIGATION - an extension or continuation of the preliminary investigation. It
isnecessary to bring a case to a successful conclusion, or to solve an unsolved case.
WARRANT OF ARREST - It is an order in writing issued in the name of the People of the Philippines,
signedby a judge and directed to a peace officer, commanding him to take a person into custody in order that
hemay be bound to answer for the commission of an officer.
ARREST WITHOUT WARRANT - An arrest may lawfully be made even without a warrant under
certainlimited conditions which approximate the existence of probable cause as would justify the issuance of
awarrant of arrest.
CITIZEN'S ARREST - the power of a citizen to arrest a person without warrant of arrest under
thecircumstances of the provisions of Sec. 5, Rule 113 of the Rules of Court.
SEARCH AND SEIZURE - Almost as important as the authority to arrest is the authority of the police to
perform searches and to seize evidence. Like arrests, searches may be performed with or without court-issued
search warrants.
SEARCH WARRANT - It is an order in writing issued in the name of the people of the Philippines, signed
by ajudge and directed to a peace officer, commanding him to search for personal property described
thereinand bring it before the court. (RoC, Rule 126, Sec. 1)
ORDER MAINTENANCE - referred to as “peacekeeping”. It is the regulation of non-criminal [Link]
included such specific matters as crowd control, traffic regulation, and riot prevention or control.
CRIME PREVENTION - Primary goal of the police. By definition, it is the anticipation and theappraisal
of a crime risk and the initiation of action to remove or reduce it.
FACTORS OF CRIME
The desire to commit the crime.
The ability to commit the crime, and
The opportunity to commit the crime.
POLICE DETECTION OF A CRIME
When witnesses or concerned citizens report a criminal incident.
When the offended party files a criminal complaint.
By the spontaneous action or self-initiation of the directly concerned Law Enforcement agencies.
PROSECUTION PILLAR - the legal process of bringing criminal charges against a person in court to
determine guilt or innocence.
PROSECUTOR - public officer and officer of the court responsible for determiningwhether to file a
criminal case or not and for prosecuting it in court.
REGIONAL PROSECUTOR'S OFFICE - charged with the administrative task of supervising and
coordinating the performance of the Provincial and City Prosecutors within the region.
PROVINCIAL AND CITY PROSECUTOR'S OFFICE - the lowest in the administrative hierarchy, and is
charged with the investigation and prosecution of all violations of penal laws and penal ordinances within
their respective territorial jurisdictions.
NATIONAL PROSECUTION SERVICE (NPS) - under the supervision and control of the DOJ and is
tasked as the prosecutorial arm of the government. Its principal mandate is to conduct speedy and efficient
investigation and prosecution of criminal cases.
PD. 1275 of 1978 established the NPS under direct supervision of the Secretary of the DOJ. It is
empowered to investigate and prosecute all crimes described by the RPC.
REPUBLIC ACT No. 10071 - An Act Strengthening and Rationalized the National Prosecution
Service.
COMPOSITION OF NPS
Chief State Prosecutor;
Five (5) Assistant Chief State Prosecutors;
Thirteen (13) Regional State Prosecutors;
Sixty-nine (69) City Prosecutors;
Seventy-seven (77) Provincial Prosecutors;
One hundred nineteen (119) State Prosecutors;
One thousand eight hundred sixty-three (1,863) Assistant City and Provincial Prosecutors
Fifty-two (52) Prosecuting Attorneys.
CHIEF STATE PROSECUTOR'S OFFICES
Review and Appeals;
Administrative Discipline and Legislative Affairs;
Preliminary Investigation and Prosecution of Cases;
Personnel Development, Recruitment and Support Services; and
Inquest and Special Concerns Division.
OFFICE OF THE SOLICITOR GENERAL - an independent body attached to the DOJ only for budget
purposes, mainly tasked with representing the government in criminal and civil cases, led by the Solicitor
General and supported by 15 legal staff.
OFFICE OF THE OMBUDSMAN - is a constitutionally created, independent body tasked with
investigating and prosecuting public officials for job-related crimes, ensuring it's free from political influence.
PUBLIC ATTORNEY'S OFFICE - is a government agency that provides free legal services to individuals
who cannot afford a private lawyer. Under the DOJ, provides free and wide-ranging legal services to
indigent individuals, including defense in all types of cases, legal advice, mediation, and outreach programs.
COMMISSION ON ELECTIONS - charged with the enforcement and prosecution of all election
offenses. This is also independent of the three main branches of the government.
LAW SCHOOL/ LEGAL AID ASSOCIATION OF BAR ASSOCIATION - institutions or individuals
outside the government that are offering legal assistance to the needy and recognized by the Supreme Court.
JUDGE ADVOCATE GENERAL SERVICES, AFP - The General Courts Martial are given jurisdiction
to try military members and all persons’ subject to military law under Article 2 of the Articles of War for
crimes or offenses committed by them.
SPECIAL COUNSEL/PROSECUTOR - They may be designated by the Secretary of Justice pursuant to
PD 1275 and Section 31 of the Local Government Code of 1991.
CRIMINAL ACTION - Is one by which the state prosecutes a person for an act or omission punishable by
law. It is commenced by the filing of a complaint.
FILING OF COMPLAINT - It is filed with the city or provincial prosecution office or with the
MunicipalTrial Court or Municipal Circuit Trial Court. However, criminal action for an offense committed
within Metro Manila, may be commenced only by the filing of complaint with the prosecutor’s office.
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 of the enforcement of the law violated.
ELEMENTS OF COMPLAINT AND INFORMATION
The name of the accused;
The designation of the offense committed;
The act or omission complained of;
The name of the offended party;
The approximate time of the commission of the offense; and
The place where the offense was committed.
PRELIMINARY INVESTIGATION - is an inquisitorial process to determine if there's probable cause to
charge someone with a crime, not a trial, and it doesn't place the person in legal jeopardy.
Probable cause refers to facts that reasonably lead to belief in a person’s guilt for prosecution, justify
arrest or warrant issuance, and protect against false charges by ensuring legal grounds exist for such
actions.
OBJECTIVE OF PRELIMINARY INVESTIGATION - to protect the innocent from wrongful prosecution
and public trial, and to prevent the state from engaging in costly and unnecessary legal proceedings.
OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
Provincial or City Prosecutors and their assistants.
National and Regional State prosecutors.
Such other officer as may be authorized by law like the COMELEC lawyers and the Municipal
Mayor in the absence of the municipal judge.
INQUEST PROCEEDING - This refers to a investigation conducted by a public prosecutor for
individuals arrested without a warrant, determining if they should remain in custody and face charges, often
through informal interviews with the arresting officer or the arrested person.
NOLLE PROSEQUI - request made by the prosecutor to the judge for approval to terminate further
criminal prosecution against a suspect.
PROSECUTORIAL DISCRETION - prosecutor exercises discretion in deciding the course of action for
cases, including filing charges, dismissing cases for lack of merit, negotiating with the defense, or
recommending reduced charges and bail.
FILING OF INFORMATION - the formal submission of a written accusation by the prosecutor, detailing
the charges against a suspect, to initiate criminal proceedings in court.
DUE PROCESS - hears before it condemns, which proceeds on inquiry, and renders judgment only after
trial.
INFORMATION - An accusation in writing charging a person with an offense subscribed by the prosecutor
and filed with the court.
* The prosecutor represents the offended party or The People of Republic of the Philippines because
crime is always against public interest, while an attorney or lawyer represents the accused and they are
called the defense.
COURT PILLAR - Conducts arraignment and trial and is the core of the Criminal Justice System,
ensuring justice, due process, and protection of constitutional rights for both the accused and the victims.
COURT - a legal body that administers justice by determining the guilt or innocence of offenders, convicting
the guilty, and protecting the innocent from wrongful punishment.
JUDGE - public officer so named in his commission and appointed to preside over and to administer the
law in a court of justice.
The court's key duty is the fair administration of justice by determining facts based on evidence and
applying the law without bias, ensuring justice is served even if the law is harsh (“dura lex sed lex”).
The Court ensures justice by upholding constitutional rights like due process, protection from
unreasonable searches, and exercising judicial power through the Supreme Court and lower courts as
mandated by law.
ARRAIGNMENT - the stage where the accused is brought before the court to confirm their identity, hear
the charges in a language they understand, and formally enter a plea of guilty or not guilty.
PLEA - formal response of the accused in court, stating whether they are guilty, not guilty, or no contest to
the charges.
BAIL - Is the security given for the temporary release of the person in custody of the law, furnished by him
by a bondsman, conditioned upon his appearance before any court as required under the conditions
herein after specified;
Corporate security
Cash deposit
Property bond
Recognizance
SUBPOENA - a legal document that orders a person to appear in court or present documents as evidence.
DETENTION - restraining of one’s liberty or as applied to detained prisoners who cannot post bail and
waiting
PLEA BARGAINING - is a negotiation between the defense and the prosecutor where the accused agrees to
plead guilty in exchange for a lighter sentence, usually done before arraignment.
PRE TRIAL - meeting between the parties and the judge to discuss matters like plea bargaining, where the
accused may plead guilty to a lesser offense in exchange for a lighter penalty, subject to court approval.
ADJUDICATION/TRIAL - the formal examination of evidence and facts before a court to determine the
guilt or innocence of the accused in criminal or civil proceedings.
DISPOSITION/VERDICT/JUDGMENT - the court's decision on the accused's guilt or innocence, the
imposition of penalties, and civil liability, with a written judgment detailing the facts and law, personally
prepared and signed by the judge.
PROMULGATION OF JUDGMENT - involves reading the judgment in the presence of the accused, and
if the conviction is for a light offense, it may be announced in the presence of the defense counsel or
representative, with the clerk of court handling it if the judge is absent.
POST CONVICTION REMEDIES/APPEAL - allow the accused to take actions within 15 days of
judgment, including filing motions for reconsideration or a new trial, petitioning for probation if eligible, or
appealing the decision.
FUNCTIONS OF THE COURT
1. Keeping the Peace - primary function of courts is to maintain peace by impartially deciding criminal
cases and resolving disputes, preventing individuals from taking matters into their own hands, which
would lead to violence and anarchy.
2. Deciding Controversies - responsible for resolving controversies by deciding between conflicting
versions of facts and determining whether the defendant's conduct constitutes a crime, addressing both
factual and legal issues in the process.
3. Administrative Role - Courts also play an administrative role by preventing disputes through their
established rules and predictable outcomes, often resolving potential conflicts before they become
contested cases.
TWO DIFFERENT COURTS IN THE PHILIPPINES
A. The Regular Courts
1. Supreme Court: The highest court, with final authority on constitutional and significant legal matters,
composed of the Chief Justice and 14 Associate Justices, overseeing all lower courts and disciplining
judges.
2. Court of Appeals: Operates in 10 divisions with appellate jurisdiction over lower courts' decisions, sitting
en banc for administrative and ceremonial functions.
3. Regional Trial Courts: Have exclusive jurisdiction in civil and certain criminal cases, excluding those
under Sandiganbayan's jurisdiction.
4. Inferior Courts: Includes Metropolitan, Municipal Circuit, and Municipal Trial Courts, handling local
offenses, ordinance violations, and crimes with sentences of up to four years and two months or fines of
up to P4,000.
B. Special Courts
1. Court of Tax Appeals: Reviews appeals on decisions regarding internal revenue taxes and customs
duties.
2. Sandiganbayan: Handles criminal and civil cases involving graft and corruption by public officers.
3. Shari’a District Courts: Handle family law and contractual disputes for Filipino Muslims in specified
Mindanao provinces under Muslim Penal Laws.
4. Family Courts: Deal with child and family cases, created under the Family Courts Act of 1997.
5. Quasi-Judicial Agencies: Administrative bodies like the National Labor Relations Commission and
others perform quasi-judicial functions but are not part of the integrated judicial system, including
court martials.
JURISDICTION - Is the power and authority of the court to hear, try, and decide a case.
General – empowered to decide all disputes which may come before it, except those assigned to other
courts.
Limited – has authority to hear and determine only a few specified cases.
Original – try and decide a case for the first time.
Appellate – Take a case already heard and decided by a lower court removed from it by appeal.
Exclusive – try and decide a case which cannot be presented before any other court.
Concurrent – two or more courts may take cognizance of a case
Criminal – it exists for the punishment of a crime.
Civil – it exists when the subject matter is not a criminal offense.
VENUE - is the site or location where the case is to be tried.
