INTRODUCTION TO

CRIMINAL JUSTICE
SYSTEM
By: Christian T. Pascual
BASIC CONCEPTS
• Crime – it is an act or omission in violation of the
criminal law. (Sutherland and Cresey)
− It is an act which is not in conformity with the
accepted norms and standards in a certain
society. (Keeper)
− An act committed or omitted in violation of a
public law forbidding or commanding it.
• Act - Any bodily movement tending to produce
some effect in the external world.
• Omission – is meant inaction, or the failure to
perform positive duty which one is bound to do.
• Criminal Law – Branch or division of law which
defines crimes, treats of their nature and provides
for their punishment.
• Criminal – It refers to any person finally
convicted by a competent court in violation
of law.
• Justice – Principle of dealing with fairness;
equality in the application of law.
• System – A process; a coordinated body of
method; organized way of work.
• Criminal Justice System – Sum total of
instrumentation which a society uses in the
prevention and control of crimes.
- The machinery used by a democratic
government to protect the society against
criminality and other peace and order
problems.
 COMPONENTS OF CRIMINAL JUSTICE
SYSTEM
• American Concept of Criminal Justice System
• Law Enforcement
• Court
• Correction
• Philippine Concept of Criminal Justice
System
• Law Enforcement (Police)
• Prosecution
• Court
• Correction
• Community
 GOALS OF CRIMINAL JUSTICE
SYSTEM
• Protect the members of the
society.
• Maintain Peace and Order
• Crime prevention
• Suppression of criminal conduct
• Review the legality of existing
rules and regulations
• Rehabilitation and reformation of
offenders.
 PROCESS OF CRIMINAL JUSTICE SYSTEM
1. The police are responsible of gathering pieces of evidence
and arresting the law violator as well as filing complaint to
the prosecutor.
2. The prosecutor is responsible for evaluating evidence,
which the police gathered, and deciding whether it is
sufficient to warrant filing of charges against the 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 while
judicial proceeding goes through.
5. The judge at the end of the trial renders decision to the
case.
6. The probation officer conducts pre-sentence investigation,
and also supervise offender placed on probation.
7. The offender, if convicted and sentenced, will be
committed to penal institution until the parole board
grants him parole or be released if he had completely
served his sentence.
8. Finally, the convicted offender, once sentence is served,
will be sent back to the main stream of the society.
 1st Pillar
Law Enforcement
Pillar
• POLICE – The agency of the community or government
that is responsible for enforcing the law, maintaining
public order, and preventing and detecting crime.
• It is known as the prime mover of the Criminal
Justice System
• It initiates the Criminal Justice System by the
arrest of the offenders.
 EVOLUTION OF POLICING IN THE
PHILIPPINE SETTING
• Pre-Spanish Regime
- Headman or tribe leaders mandates all male
residents in the village to protect their crops from
wild animals.
• Spanish Regime
• Police force was considered part of the military
system by the Spanish Government.
• Functions:
• Suppress brigandage by patrolling unsettled
areas.
• Detection of spies as well as local petty
uprising.
• The enforcement of tax collection and church
revenues.
 POLICE FORCES UNDER THE SPANISH REGIME
• Carabineros de Seguridad Publica (Mounted Police)
• It was established on 1712
• It is responsible in carrying out the policies of the
Spanish government.
• Guardrilleros
- It refers to a body of rural police organized in every town.
- It was created by virtue of a Royal Decree on January 8,
1836.
- It was composed of 5% able bodied male inhabitants of
each town or province which has tenure of service for
three (3) years.
- Functions:
• Guard municipal tribunals
• Patrol
• Guard prisons
• Guard mountains or buildings
• Carry mail
• Maintain peace and order
• Cuerpo de Carabineros de Seguridad Publico
- It was established on December 20, 1842
- General Duties:
- prosecution of law breakers
- maintenance of peace and order
- Specific Duties:
− watching and guarding custom houses
− prevention of entry of contrabands
• Guardia Civil
- Police organization created by virtue of a royal
decree on February 12, 1852
- It relieved the Spanish peninsular troops
- It consisted of Filipino Policemen organized
originally in each provincial capitals of the central
provinces of Luzon.
• American Period
IMPORTANT DATES
• July 18, 1901 – creation of Insular Constabulary
by virtue of Act # 175.
• July 31, 1901 – Manila Police Department was
organized by virtue of Act # 183
• October 3, 1901 – Insular Constabulary was
changed to Philippine Constabulary by virtue of
Act # 255.
• January 2, 1942 – First element of the
Japanese Imperial Army called KEMPETAI
entered Manila.
• February 7, 1945 – General McArthur returned
to the Philippines and the battle of manila
ended.
 IMPORTANT PERSONALITIES
• William Howard Taft – First Civil Governor of the
Philippines.
• Capt. George Curry – First chief of Police of Manila Police
Department.
• Capt. Columbus E. Piatt – Last American chief of police of
Manila Police Department before the WWII broke out.
• Capt. Henry T. Allen – First chief of police of Philippine
Constabulary.
• Brig/Gen. Rafael Crame – Became the first Filipino chief of
police of the Philippine Constabulary
• Col. Antonio C. Torres – First chief of police of Manila
Police Department when it became an all Filipino police
organization.
• Col. Marcus Ellis Jones – First chief of police of Manila
Police Department upon the liberation of Manila from the
Japanese Imperial Army.
• Col. Lamberto T. Javalera – First chief of police of Manila
Police Department under the Republican government of
then President Roxas.
 RELATED LAWS

• Republic Act # 4864

• It was enacted on September 8, 1966
• It created the office of the Police commission which
was later called NAPOLCOM under the office of the
President.
• Its function is to oversee the training and
professionalization of the local police forces.
• Presidential Decree # 765
• It was enacted on August 8, 1975
• The law provides for the NAPOLCOM to be under the office
of the Ministry of National defense.
• Republic Act # 6975
• It was enacted on December 13, 1990
• It is otherwise known as the DILG Act of 1990.
• It abolished the PC/INP and created BJMP,BFP,PNP and
PPSC.
RELATED LAWS
• Republic Act # 8551
• It was created on February 25, 1998 which amended
Republic Act 6975.
• It is otherwise known as the PNP Reform and
Reorganization Act of 1998
• It provides for the reformation and professionalization
of the PNP
• Republic Act # 11279
• April 12, 2019
• It transfers the PNPA and NPTI from PPSC to the PNP
• Republic Act # 11200
• February 8, 2019
• An act providing the rank classification of the PNP
THEORIES OF POLICE SERVICE

• Continental Theory – Policemen

are considered as the servant of
higher authority.
• Home-Rule Theory – Policemen
are considered as the servant of
the community.
PNP POWERS AND FUNCTIONS
• Enforcement of laws and ordinances relative to
the protection of lives and properties.
• Maintain peace and order and take all necessary
steps to ensure public safety.
• Exercise the general powers to make arrest,
search and seizures in accordance with the
constitution and pertinent laws.
• Investigate and prevent crimes, effect the arrest
of criminals, bring offenders to justice and assist
in their prosecution.
• To assist other national government agencies,
instrumentalities, and subsidiaries in the
enforcement of laws pertinent thereto, upon
proper request and or deputization.
• Detain an arrested person for a period not
beyond what is prescribed by law, informing the
person so detained of all his rights under the
constitution and pertinent laws.
• Administrative Functions
• To issue licenses for the possession of firearms
and explosives in accordance with law.
• Supervise and control the training and operation
of security agencies, security guards, and private
detectives for the practice of their profession.
• Perform such other duties and exercise all other
functions as maybe provided by law.
• Miscellaneous Services
• Regulation of non criminal conduct such as traffic
control and management.
• Perform civic missions.
POLICE COMMUNITY RELATIONS

It is the sum total of dealing

of the police with the people it
serves and those whose
goodwill and cooperation it
craves for to insure the greatest
possible efficiency in public
service.
 Other Law Enforcement Agencies
• National Bureau of Investigation
• Economic, Investigation and intelligence division under the
Department of Finance.
• Bureau of Fisheries and Aquatic Resources under the
Department of Agriculture.
• Bureau of Customs under Department of Finance
• Bureau of immigration under Department of Justice.
• Bureau of internal revenue under the Department of
Finance
• Bureau of forest development under Department of
Environment and Natural Resources.
• Land Transportation Office under the Department of
Transportation and Communication.
• National Telecommunications Commission under the
Department of Transportation and Communication.
• Bureau of food and drugs under the Department of Health.
• Bureau of product standards under the Department of
Trade and Industry
CONCEPT OF POLICE
SERVICE
• Old Concept – Focuses on
punishment as a way of
eliminating crimes.
• Modern Concept – The test of
police efficiency is the
absence of crime.
 2nd Pillar
PROSECUTION PILLAR
• Prosecution – It is the legal process or method whereby accusations
are brought before a court of justice to determine the guilt or
innocence of the accused.
• - It may also refer to the agency responsible in presenting the
governments position in criminal cases and evaluating pieces of
evidence presented by the law enforcement pillar.
• Prosecutor – A prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at his office
and perform other prosecution functions as provided by law.
• 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 with the city or
provincial prosecution office or with the Municipal Trial 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 prosecutors office.
• Complaint – A sworn written statement charging a person of an
offense subscribed by the offended party, peace officer or any public
officer charge with the enforcement of the law violated.
• Offended Party – The person against whom or against whose
property the crime was committed.
• Information – An accusation in writing charging a person of an
offense subscribed by the prosecutor and filed with the court.
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.
 Inquest
An informal and summary
investigation conducted by a public
prosecutor in criminal cases
involving persons arrested and
detained without the benefit of a
warrant of arrest issued by the court
for the purpose of determining
whether or not said person should
remain under custody and
correspondingly be charge in court.
 Duty of Inquest Officer When Arrest is NOT Properly
Effected

• Recommend the release of the

person arrested or detained;
• Note down the disposition on the
referral document;
• Prepare a brief memorandum
indicating the reasons for the
action taken; and
• Forward the same, together with
the record of the case, to the city
or Provincial Prosecutor for
appropriate action.
 Duty of Inquest Officer When Arrest is
Properly Effected
Should the inquest officer find that the
arrest was properly effected, he shall proceed
with the inquest by examining the sworn
statements or affidavits of the complainant
and the witnesses and other supporting
evidence submitted to him.
If necessary, the inquest officer shall
require the presence of the complainant and
subject them to an informal and summary
investigation or examination for purposes of
determining the existence of probable cause.
Probable Cause

It exist when the evidence

submitted to the inquest officer
engenders a well founded belief
that a crime has been
committed and that the
arrested or detained person is
probably guilty thereof
 Presence of Probable Cause

It the inquest officer finds that probable

cause exists, he shall prepare the
corresponding complaint or information
with the recommendation that the same be
filed in court. The complaint or information
shall indicate the offense committed and
the amount of bail recommended if
bailable.
 Absence of Probable Cause

If the inquest officer finds no probable

cause, he shall;
• Recommend the release of the arrested or
detained person;
• Note down the disposition on the referral
document;
• Prepare a brief memorandum indicating the
reasons for the action taken; and
• Forthwith forward the record of the case to
the City or Provincial Prosecutor for
appropriate action.
 Preliminary Investigation

An inquiry or proceeding
conducted to determine
whether there is a sufficient
ground to engender a well
founded belief that a crime has
been committed and that the
respondent is probably guilty
thereof and should be held for
trial.
Purposes of Preliminary Investigation

• To secure the innocent against hasty,

malicious and oppressive prosecution and
to protect him from an open and public
accusation of a crime and from the trouble,
expense and anxiety of a public trial.
• To protect the state from having to
conduct useless and expensive trials.
 Duties of the Investigating Fiscal
• If the investigating fiscal finds cause to hold the respondent for trial,
he shall prepare the resolution and corresponding information.
• He shall certify under oath that he has personally examined the
complainant and his witnesses, that there is reasonable ground to
believe that a crime has been committed and that the accused is
probably guilty thereof, that the accused was informed of the
complaint and of the evidence submitted against him and that he
was given an opportunity to submit controverting evidence.
• In either case, he shall forward the records of the case to the
provincial or city fiscal or chief state prosecutor within 5 days from
his resolution. The latter shall take appropriate action thereon,
within ten days from receipt thereof, immediately informing the
parties of said action.
• No complaint or information may be filed or dismissed by an
investigating fiscal without prior written authority or approval of the
provincial or city fiscal or chief state prosecutor.
• When the investigating assistant fiscal recommends the dismissal of
the case but his findings are reversed by the provincial or city fiscal
or chief state on the ground that a probable cause exists, the latter
may, by himself, file the corresponding information against the
respondent or direct any other assistant fiscal or state prosecutor to
do so, without conducting another preliminary investigation.
 KATARUNGANG PAMBARANGAY
• It was created by virtue of Presidential Decree 1608 on June
1978.
• Likewise, Republic Act #7160 (local Government Code of
1991) integrated provisions to strengthen katarungang
pambarangay specially sections 399 – 422.
• It was created purposely to give the appropriate barangay
chairman and barangay lupon officials to amicably settle
cases within their jurisdiction.

• Amicable Settlement – It is the process of solving or settling

disputes in a certain barangay.
Composition of Katarungang Pambarangay
• Lupong Tagapamayapa (lupon)
• - It is composed of ten to twenty members who have been
chosen from respected members of the barangay.
• Pangkat Tagapagkasundo (Pangkat)
• It is composed of 3 selected members among the lupong
tagapamayapa.
 Cases or Disputes which are not the Subject Matter
for Amicable Settlement
• Where one party is the government; or any subdivision or
instrumentality thereof;
• Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions.
• Offenses punishable by imprisonment exceeding one (1) year
imprisonment, or a fine exceeding Php 5,000.00;
• Offenses where there is no private offended party;
• Where the dispute involves real property located in different
cities or municipalities, unless the parties thereto agree to
submit their differences to amicable settlement by an
appropriate lupon;
• Disputes involving parties who actually reside in barangays
or different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by
an appropriate lupon; and
• Such other classes of disputes which the President may
determine in the interest of justice or upon the
recommendation of the secretary of justice.
 3rd Pillar
Court Pillar
• Court – A body to which the public administration of justice
is delegated, being a tribunal assembled under authority of
law at the appropriate time and place for the administration
of justice through which the state enforces its sovereign
rights and powers. It is an entity or body in which a portion
of judicial power is vested.
- This pillar is responsible in conducting trial or court
adjudication and impose penalty if found guilty, otherwise
render dismissal or acquittal of the case.
• Judge – A public officer so named in his commission and
appointed to preside over and to administer the law in a
court of justice.
• Judicial Power – Power to apply the law to contests or
disputes concerning a legally recognized rights or duties
between the state and private persons.
• Jurisdiction – It is the authority to hear and determine cases.
It is the authority by which judicial officers take cognizance
and decide cases correctly or incorrectly.
• Venue – It is a geographical division in which an action is
brought to trial or the place of trial for criminal action. It is a
territorial unit where the powers of the court were to be
exercised.
ORGANIZATION OF COURTS

• REGULAR COURTS
The Philippine judicial system consists of a
hierarchy of courts resembling a pyramid with the
Supreme Court at the apex. Under the Judiciary
Reorganization Act of 1980, otherwise known as
the Batas Pambansa Bilang 129 the other regular
courts are:
− Court of Appeals (Intermediate Appellate
Court) – This operates in 10 divisions, each
comprising 5 members. The courts sits en
banc only to exercise administrative,
ceremonial or other non-adjudicatory
functions;
− Regional Trial Courts – One which is
presided by 720 regional trial court judges
in each side of the regions of the country.
 − Metropolitan Trial Courts – In each Metropolitan area,
established by law are a Municipal Trial Court in every
City not forming a part of the metropolitan area and
each of the municipalities not comprised within a
metropolitan area; as well as a Municipal Circuit Trial
Court in each area defined as a Municipal Circuit
comprising of one or more cities and/or one or more
municipalities grouped together according to the law.
• SPECIAL COURTS
• Court of tax Appeals – This was created under RA 1125, as
amended, this special court has appellate jurisdiction to
review on appeal the decision of the Commission of
Internal Revenue involving internal revenue taxes and
decisions of the Commissioner of Customs involving
customs duties.
• Sandiganbayan – The constitution provides that the
National Assembly shall create specialized court, popularly
known as “Sandigan Bayan”. The creation was made
possible by PD #1606.
• QUASI-JUDICIAL BODIES – There are administrative bodies under
the executive branch performing quasi-judicial functions, like the
National Labor Relations Commission, Employees Compensation
Commission, Board of Transportation, etc, and the Independent
Constitutional Commissions which do not form part of the
Integrated judicial System. The same is true to the Court Martial.
 Jurisdiction of Courts

• 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 exist when the subject matter is not a criminal
offense.
• Bail – It is the security required by court and given
for the provisional or temporary release of a person
who is in the custody of the law conditioned upon
his appearance before any court as required under
the conditions specified.
• Arraignment – It is made on the first day of the trial
wherein there is the reading of the case and the
accused enters a plea.
• Pre trial – It is a conference undertaken among
litigants and their respective lawyers with the
judge for the purpose of considering such other
matters
• Plea Bargaining – The process whereby the
accused and the prosecution work out a
satisfactory disposition of the case subject to court
approval. It usually involves the accused pleading
guilty to a lesser offense or to only one or some
counts of several charges in return for a lighter
penalty.
• Trial – It is the examination done before a
competent tribunal, according to the laws of the
land, of the facts in issue in a cause, for the
purpose of determining such issue. The process by
which the offended party represented by the public
prosecutor/private prosecutor to present all their
evidence to prove that the offense charged was
committed by the accused and that the offended
party suffered damages, the accused will also
present his evidence to prove his innocence or to
seek a lighter penalty.
• Promulgation of Judgment – It is reading of the
judgment given to the accused.
• Decision – Is a judgment by a court of justice or other
competent tribunals after the presentation of proof in
an ordinary or criminal case upon stipulation of facts
upon which the disposition of the case is based.
• Appeal – Elevation of the decision of the lower court to
the higher court for purposes of review.
 4th Pillar
CORRECTION PILLAR
Concept of Correction
• The branch of Criminal Justice System
concerned with the custody, supervision
and rehabilitation of criminal offenders. It
is the field of criminal justice
administration which utilizes the body of
knowledge and practices of the
government and the society in general
involving the process of handling
individuals who have been convicted of
offenses for the purpose of crime
prevention and control.
The Three Aims of Correction Reforms

• To provide judges with more options to deal with

offenders through the use of probation, day fines,
commitment to community treatment centers, pre-trial
release and other measures short of imprisonment.

• Improving condition in prison and jails, including

decongestion, improved housing, more effective medical,
educational, vocational training, and rehabilitation
program services.

• Establishing an integrated correctional system that will

ensure the development of a unified philosophy of
treatment, implementation of uniform standards and
policies, effective programs planning and development
and efficient delivery of services to offenders while at the
same time protecting the interest and welfare of the
society.
In Addition, the Bureau of Prison is entrusted
with Two Broad Goals

• To segregate from society persons who by

their acts have proven themselves
dangerous to the society.

• To strive at the correction of these

prisoners with the hope that when they
return to society, they shall be able to lead
normal, well-adjusted, self supporting and
useful lives as useful and law-abiding
citizens.
• Punishment – The redress that the state takes against
an offending member of the society that usually
involves pain and suffering.
• Penalty – It refers to the consequences that follow the
transgression of laws. The judicial punishment for
crime or violation of laws.
• Imprisonment – It is the state or condition of being
constrained, restrained or incarcerated in room or a
building. It is actually a form of conventional
punishment of criminal offenders.
• Prison – It is penitentiary, an institution for the
confinement of persons convicted of major/heinous
crimes.
• Prisoner – A person who is under the custody of a
lawful authority. A person who by reason of his
criminal sentence or by a decision issued by a court,
may be deprived of his liberty or freedom.
- Any person detained/confined in jail or prison for
the commission of a criminal offense or convicted and
serving in a penal institution
 Classification of Prisoners
• Detention Prisoners – those detained for
investigation, preliminary hearing or awaiting trial.

• Sentenced Prisoners – Offenders who are

committed to the jail or prison in order to serve
their sentence after final conviction by a competent
court.

• Prisoners on Safekeeping – includes non criminal

offenders who are detained in order to protect the
community against their harmful behavior.
 Classification of Sentence
Prisoners
• Insular or National Prisoners – Those sentence to suffer a
term of sentence of 3 years and 1 day to life imprisonment.

• Provincial Prisoners – Those sentence to suffer a term of

imprisonment from 6 months and 1 day to 3 years or a fine of
not more that 1,000 pesos or both; those detained therein
waiting for preliminary investigation of their cases
cognizable by the RTC.

• City Prisoner – Those sentenced to suffer a term of

imprisonment from 1 day to 3 years or a fine of not more than
1,000 pesos or both. Those detained therein whose cases are
cognizable by the RTC and under preliminary investigation.

• Municipal Prisoners – Those confined in municipal jails to

serve an imprisonment from 1 day to 6 months. Hose
detained therein whose trials of their cases are pending with
the MTC.
 Jail
A place for locking-up of persons who
are convicted of minor offenses imposed
upon them by a competent court, or for
confinement of persons who are awaiting
trial or investigation of their cases.
 Types of Jails
• Lock-up jails – is a security facility, common
to police stations used for temporary
confinement of an individual held for
investigation.

• Ordinary Jails – is the type of jail commonly

used to detain a convicted criminal offender
to serve sentence less than three years.

• Workhouse, Jail Farms or Camp – A facility

that houses minimum custody offenders who
are serving short sentences or those who are
undergoing constructive work programs.
 Release

The stage wherein the convict after

serving his sentence or period of probation
or parole is finally granted the right of a
freeman by restoring his entire
constitutional and civil rights taken from
him as a result of the commission of crime.
 5th Pillar
THE COMMUNITY PILLAR
 Community
The Community refers to the civilian
populace in , municipalities or public in
general, and can be use interchangeably
with public, citizenry, society, or private
sector.
 What makes the
Community as a Pillar?
• Family – Refers to the basic social group united through bonds of kinship or
marriage, present in all societies. It is the primary institution that molds a
child to become a law abiding person or a delinquent.
• School – The second integral stage of the behavioral/social development
process is the school. It is said that the school is an extension of the home
having the strategic position to control crime and delinquency. It exercises
authority over every child that enters its jurisdiction. The teachers are
considered second parents having the responsibility to mold the child to
become productive members of the community by devoting energies to
study the child’s behavior using all available scientific means and devices
in an attempt to provide each the kind and amount of education they need.
• Church – The church is the institution that provides a place for public
worship and the services needed to enhance the spiritual and moral
character of an individual. The church influences people’s behavior with the
emphasis on morals and life’s highest spiritual values, the worth and dignity
of the individual, and respect for people’s lives and properties. The church
generates a strong will of the people to oppose crime and delinquency.
• Mass Media – It is the best institution for information dissemination thereby
giving an opportunity to the public to know the necessary facts of life that
help them shape their daily views about crime and its control.
• Non-Government Organization – NGO’s are private organizations that are
civic oriented and thus promote peaceful and productive society. These are
groups of concerned individuals responsible for helping the government to
pursue community development. They serve as partners of the government
institutions in providing common services for public good and welfare, thus
preventing criminality and maintaining peace and order.
 Two (2) Fold Roles of the Community as a
Pillar of CJS

• To participate in Law Enforcement Activities.

• To participate in the promotion of Peace and Order