CLJ 1 – INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

BASIC TERMINOLOGIES, PRINCIPLES AND PHILOSOPHICAL APPROACHES

According to Siegel and Senna, criminal justice may be defined as the system of
law enforcement, adjudication, and correction that is directly involved in the
apprehension, prosecution, and control of those charged with criminal offense
In general, a criminal justice system (CJS) involves a number of government
agencies that ensures the protection of the public, the maintenance of order, the
enforcement of the law, the identification of transgressors, the prosecution of the
accused and the finding of the guilty, and the correction and treatment of
criminal behavior
In the American CJS, there are only three (3) pillars; Law Enforcement, the courts
and the corrections. In contrast, the Philippines CJS have five (5) pillars; namely,
Law enforcement, prosecution, courts, corrections and community
Difference between criminal justice and criminology:
While Criminology explains the etiology, extent, and nature of the crime in
society; Criminal Justice studies the agencies of social control that handles
criminal offenders
While Criminologists are concerned with identifying the nature, extent and causes
of crime; Criminal Justice scholars engage in describing, analyzing, and explaining
the operations of the agencies of justice, specifically the police agencies, the
prosecution, the courts and the rest of the pillars of the system in seeking more
effective methods of crime control and offender rehabilitation
Crime and Criminal Justice System
Crime is the event that calls for the operation of the CJS. When a crime is
committed, it disturbs the tranquility and harmony of the society. Such event calls
upon the police to initiate police intervention by way of investigation or
apprehension of those who violate the law; the prosecutor to prosecute the case;
the court to determine the guilt of the accused, and the rest of the system follows
as incumbent upon their role in the criminal justice process.
Legal principles or maxims regarding a crime or a criminal act
 a. Nullum crimen nulla poena sine lege – There is no crime where no law is
punishing it
b. Actus non facitreum, nisi mens rea – A crime is not committed if the mind
of the person performing the act complained be innocent
c. Actus me invite factus, non est meus actus – An act done by me against my
will is not my act
d. Crimes mala in se and crimes mala prohibita. The first set of crimes refer to
those that are naturally criminal on moral grounds while the second set of
crimes pertain to those acts that have been criminalized for regulatory
purposes. Murder is an example of mala in se while Illegal possession of
firearms and ammunitions is an example of mala prohibita
A crime is a violation of societal rules of behavior as interpreted and expressed by
a criminal legal code created by people holding social and political power.
In the legal sense, crime is defined as voluntary and intentional violation by legally
competent person of a legal duty that commands or prohibits an act for the
protection of the society. A crime is punishable by judicial proceedings in the
name of the state.
Things that apparently constitute crime
a. The act must be voluntary. Thus, if the criminal act were shown to have
been done involuntarily as when the individual is forced to commit a
criminal act against his will, the person cannot be found guilty of the crime
b. It must be intentional. Thus, criminal act that occurs by accident generally is
not considered crimes
c. It must be committed by a legally competent persons. Under the law,
certain persons are considered not capable of committing crime, like the
insane or those who are fifteen (15) years old and below
d. The behavior that constitute crime can be either an act of commission or an
act of omission. Thus, one maybe guilty of crime by doing something which
is prohibited or should not be done (murder) , as well as doing what the law
says should be done (payment of tax). In this connection, an act or omission
to constitute a crime must be considered unlawful by the statute at the
time the act is committed
 e. A crime is an act that threatens the welfare of the society and is punishable
by judicial proceedings in the name of the state. Thus, crime is considered
to crime against the collective well-being of the society. In criminal
proceedings, the offended party or private complainant is merely
considered as the primary witness of the state.
In order to convict a person, the government must show that;
a. An act was committed, that at the time of its commission, was prohibited,
or that the accused failed to do something commanded by law
b. That the accused did the act voluntarily and with full knowledge of what he
or she was doing
c. That the act resulted from the intent
d. That the act and the intent caused something to occur that was offensive to
the law
e. That it cause some harm to society
If a crime is punished by the revised penal code (RPC), it is called a felony; if by a
special law, it is called an offense; if by an ordinance, it called an infraction of an
ordinance
Criminal Law and the Criminal Justice System (CJS)
The criminal justice system is based on the enacted criminal law/statutes
Only violations of criminal law are being considered and processed in the CJS.
Where there is no violation of criminal law or where there is no commission of
the crime, in general, Criminal Justice as a process will not operate
Even if the act of a person is somewhat generally annoying or obnoxious to some
people, that person cannot be processed in the CJS in the absence of an enacted
law
Criminal Law is defined as that branch of public law, which defines crimes, treats
of their nature, and provides for their punishment
Classification of criminal law
Substantive criminal law defines the elements that are necessary for an act to
constitute a crime and therefore punishable
Procedural criminal law refers to a statute that provides procedures appropriate
for the enforcement of the substantive criminal law
Sources of substantive criminal law
a. The revised penal code (RPC)
b. Presidential decrees (PD)
c. Special penal laws
d. City or municipal ordinances
Sources of procedural criminal laws
a. The bill of rights of the Philippine constitution
b. The revised rules of criminal procedure; Rules of Court
c. Other rules on criminal procedures promulgated by the Supreme Court
pursuant to its constitutional mandate
Basic Principles of Criminal Law in the administration of CJS
a. The presumption of innocence – Those who are accused of crimes are
considered innocent until proven guilty. The accused are entitled to all the
rights of the citizens until the accused’s guilt has been determined by the
court of law or by the accused’s acknowledgment of his guilt that he or she
indeed committed the crime. No less than the Constitution provides than
an accused shall be presumed innocent until proven guilty. The burden of
proof lies in the State thru the Public Prosecutor. It is incumbent upon the
prosecutor to prove that the accused is guilty as charged. The prosecutor
must rely on the strength of his evidence and not on the weakness of the
accused’s evidence. It follows that the accused is entitled to all the rights of
an individual citizen until the guilt is proven. This is the reason why the
accused under the Constitution is granted the right to bail except under
certain crimes committed.
b. The burden of proof – which in criminal cases means that the government
must prove beyond reasonable doubt, that the suspect committed the
crime. In the Philippine setting, our criminal proceeding carries the penalty
of imprisonment or deprivation of liberty and on the extreme, the
punishment of death. In order to make sure that only those who are truly
guilty of the crime are punished and that no person who is innocent is
 imprisoned, our Rules on Evidence provide that the weight of evidence
required to convict an accused for a criminal act must be proof beyond
reasonable doubt. Unless his guilt is shown beyond reasonable doubt, he is
entitled to an acquittal. Proof beyond reasonable doubt does not mean
such a degree of proof as, excluding the possibility of error, produces
absolute certainty. Moral certainty is only required, or that degree of proof
which produces conviction in an unprejudiced mind.
The Criminal in relation to the CJS
The criminal is the main character of the CJS. The criminal may be defined in three
(3) different views:
a. In the criminological sense, a person may be considered as a criminal from
the time he committed the crime regardless whether or not it has been
referred or reported to the police for investigation.
b. In the legal sense, a person may be considered a criminal only upon
undergoing the judicial process and upon determination by the Court that
he is guilty beyond reasonable doubt.
c. In the criminal justice sense, a criminal may be defined as one who has
undergone the process and went through all the pillars of the criminal
justice system
Person being processed under the CJS
a. At the police stage, during investigation, he is referred to as the SUSPECT
b. At the Prosecutor’s office, during the determination of probable cause or
during the Preliminary investigation or Inquest proceedings, he is referred
to as the RESPONDENT.
c. At the trial of the case, when the case has been filed in Court, he is referred
to as the ACCUSED.
d. Once the Court has been determined that the accused is guilty beyond
reasonable doubt as charged and the judgment has been rendered, he is
referred to as the CONVICT.
e. It is only upon undergoing the process when the person has been served
the sentence when he can really be considered as CRIMINAL.
The Concept of Justice/The essence of Justice
The first is to render to each his due. The second is treat equals equally and
unequal unequally in proportion to their inequality. Justice involves equal
punishment for identical offenses and equal rewards to identical merits. To
dispense absolute justice requires the presence of four elements;
a. The absolute ability to identify the law violator
b. The absolute ability to apprehend law violator
c. The absolute ability to punish law violator
d. The absolute ability to identify the intent of the law violator
Primary goals of the CJS
a. To protect the members of the society.
b. The maintenance of peace and order
Secondary goals of the CJS
a. The prevention of crimes
b. The suppression of criminal conduct by apprehending offenders for
prevention of crimes
c. The review of the legality of the preventive and suppressive measures
d. The judicial determination of guilt or innocence of those apprehended
e. The proper disposition of those who have been legally found guilty
f. The correction by socially approved means of the behavior of those who
violate the law
Philosophical Approaches behind the CJS
a. The Adversarial Approach. The adversarial approach assumes innocence.
The prosecutor representing the State must prove the guilt of the accused.
It embodies the basic concept of due process and equal protection. These
concepts are necessary in order to create a system in which the accused
has fair chance against the tremendous powers and resources of the State.
b. The inquisitorial Approach. The inquisitorial system assumes guilt. The
accused must prove that they are innocent. This is the opposite of the
adversarial approach. The inquisitorial approach places a greater emphasis
on conviction .
Distinction between adversarial approach and inquisitorial approach
 a. As to presumption: The adversarial approach assumes the accused to be
innocent; while the inquisitorial approach assumes the accused to be guilty
b. As to burden of proof: The adversarial approach places the burden on the
prosecutor to prove the guilt of the accused; while the inquisitorial
approach places the burden to the accused in proving his innocence
c. As to emphasis: The adversarial approach places emphasis on the process;
while the inquisitorial approach places emphasis on the conviction of the
accused.
Our CJS adopts the adversarial approach. This is obvious due to the greater
emphasis on the observance of due process and of the litany of rights in the Bill of
Rights of the Constitution.
The principle of due of process of law
The concept of due process means that those who are accused of the crimes and
those who are processed through the criminal justice system must be given the
basic rights guaranteed by the Constitution. Due process simply means
compliance with the requisite NOTICE and HEARING. The essence of due process
is found in the reasonable opportunity to be heard and submit any evidence one
may have in support of one’s defense. What the law prohibits is not the absence
of previous notice but the absolute absence thereof and the lack of opportunity
to be heard.
Criminal due process refers to the observance of rules of criminal procedure
issued by the supreme court and other statutes. The criminal due process must be
observed from the moment an investigation is conducted up to the imposition of
penalty and release of the offender.
The concept of equal protection clause
The equal protection clause in essence declares that the state may not attempt to
create or enforce statutes against a person solely because of specific
characteristics such as race, age or sex. According to the supreme court, it must
be based on some reasonable classification..
Criminal due process requires that the accused be tried by an impartial and
competent court in accordance with the procedure prescribed by law and with
proper observance of all rights accorded him under the Constitution and
applicable statutes. The basic ingredient of criminal due process is a trial
conducted in accordance with the rudiments of fair play. Any person under
investigation of the crime may at all times invoke his right to due process. The bill
of rights is a litany of weapons which a person may use in order to resist or defeat
any abuse or misuse of government power.
KATARUNGANG PAMBARANGAY
When a police officer tells a complainant that his complaint must pass through
mediation in the Barangay Lupon before he can take action, it is not his intention
to disregard and take no action on a complaint for reasons unfair to the
complainant. The police officer may in fact be doing a favor to him because of the
mandatory character of the mediation in the Barangay Lupon being a prerequisite
before a case is filed in court.
Under Section 408 of the Local Government Code, the lupon of each Barangay
shall have jurisdiction to amicably settle all disputes between parties residing in
the same city or municipality except;
a. Where one party is the government or any subdivision or instrumentality
thereof
b. Where one party is a public officer or employee and the dispute relates to
the performance of his official functions
c. Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding P5,000.00
d. Offenses where there is no offended party
e. Where the dispute involves real properties located in different cities or
municipalities, unless the parties thereto agree to submit their differences
to amicable settlement by appropriate lupon
f. Disputes involving parties who actually reside in different barangays of
different cities and municipalities except where such barangay units adjoin
each other and the parties thereto agree to submit their differences to
amicable settlement by appropriate lupon
g. Such cases of disputes which the President may determine in the interest of
justice or upon recommendation by the Secretary of Justice.
Instances where cases cognizable by the Lupon must be directly filed in Court
 a. Where the accused is under detention
b. Where the person has otherwise been deprived of personal liberty calling
for a habeas corpus proceedings
c. Where the action is coupled with provisional remedies such as injunction,
attachment, delivery of personal properties, support, etc
d. Where the dispute arises from the Comprehensive Agrarian Reform Law
e. Labor disputes or controversies arising from employer-employee
relationship
f. Violence against Women and Children cases except issuance of Protection
Orders

LAW ENFORCEMENT – The first pillar in the administration of the Criminal Justice
System
The law enforcement as the first pillar is considered to be the “initiator” or the
“prime mover” of the Criminal Justice System. It is considered as the initiator of
the actions that other pillars must act upon to attain its goal or objective.
Examples of law enforcement initiating action:
a. Effecting arrest
b. Surveillance
c. Crime investigation
General functions of the law enforcement in relation to the administration of
the CJS
a. To prevent criminal behavior – Prevention involves all the factors directed
toward eliminating the causes of crimes
b. To reduce crime – crime reduction essentially means eliminating and
reducing opportunities for criminal behavior
c. To apprehend and arrest offenders – This function includes crime
investigation and gathering of evidence that could withstand the scrutiny of
the court
d. To protect life and property – Protecting life and property is essentially the
purpose why the PNP was created
 e. To regulate non-criminal conduct – This involves the community service
and the maintenance of order function of the PNP.
The following are some of the law enforcement agencies of the Philippines
a. Philippine National Police
b. National Bureau of Investigation
c. Bureau of Internal Revenue (in cases of tax evasion)
d. Philippine Drug Enforcement Agency
e. Bureau of Immigration
f. Bureau of Customs (Tariffs and Customs Code)
g. Optical Media Board
h. National Intelligence Coordinating Agency (NICA)
i. Land Transportation Office
j. Metro Manila Development Authority
k. National Telecommunication Agency
l. Department of Finance
m. Office of the Ombudsman
n. Inter-Agency Council Against Trafficking
o. AFP
p. BJMP
q. BFP
The Philippine National Police (PNP)
Pursuant to the provisions of the Constitution, Congress is mandated to
“established and maintain one police force, which shall be national in scope and
civilian in character, to be administered by the national police commission
(Napolcom)” (Article XVI, Section 6, Philippine Constitution). Congress in
compliance to this mandate enacted RA 6975 (The DILG Act of 1990) establishing
the PNP. The PNP was reorganized thru the enactment of RA 8551 on February
28, 1998 “The PNP Reform Act of 1998.
Brief History of the Police
The term “police” can be traced back to the Greek term “politeia”, which means
government of a city, the Roman word “politia”, and the French word, police. The
French term was later adopted by the English Language
Long before the arrival of the Spanish conquerors in the Philippines, there were
already existed organized independent villages called Barangay. A Barangay is
head by a Chief, who had the authority to select able-bodied male residents to act
as watchman during the night to guard the village against thieves who steal and
wild animals which damage their crops. This practice may be considered an early
form of crime prevention.
During the Spanish period, there were three (3) police forces organized to
perform police functions: the “Carabineros De SeguridadPublico” which was
organized in 1712 for the purpose of carrying out the policies of the Spanish
government; the “Guardrilleros” (Cuardillo). It is a body of rural police organized
in each town that was created by the Royal Decree of January 8, 1836. This was
composed of 5% of the able-bodied male inhabitants of each town or province,
and each member shall serve for at least three years; the “Guardia Civil”. This
police organization was created by the Royal Decree of February 12, 1852. It
consisted of a body of Filipino policeman organized originally in each of the
provincial capitals of the central provinces of Luzon under the command of the
Alcalde (Governor)
During the Japanese occupation, it was the “Kempetai”, the Japanese military
police, which was in charge of maintaining peace and order in Manila.
Important Legislation pertinent to the creation of the Police
Act No 70 – created the Metropolitan Police Force of Manila on January 9, 1901
Act No 175 – An Act providing for the Organization and Government of an Insular
Constabulary enacted on July 18, 1901
Act No 183 – created the Manila Police Department enacted on July 31, 1901
Act No 255 – the act that renamed the Insular Constabulary into Philippine
Constabulary, enacted on October 3, 1901
RA 4864 – otherwise known as the Police Professional Act of 1966, enacted on
September 8, 1966. Created the Police Commission (POLCOM) as a supervisory
agency to oversee the training and professionalization of the local police forces
under the office of the President. POLCOM was renamed into National Police
Commission (NAPOLCOM)
PD 421 – Integration of the City/Municipal Police Forces, Jail and Fire Department
within the Greater Manila Area approved on March 21, 1974. The law integrated
all city and municipal police forces, jail and fire department within the Greater
Manila Area into one unit call Metropolitan Force, which was head by the
Commanding General, Philippine Constabulary Metropolitan Command (PC
METROCOM)
PD 482 –Integration of Police and Fire Department and Jails in certain provinces
approved on June 13, 1974. (Bulacan, Pampanga, Nueva Ecija, Laguna, Cebu and
Misamis Oriental)
PD 531 (August 8, 1974 and PD 641 (January 21, 1975) – Integration of Police and
Fire Departments and Jails in other provinces
PD 765 – otherwise known as the Integration Act of 1975 enacted on August 8,
1975. It established the Integrated National Police (INP) and the Philippine
Constabulary (PC) as the nucleus, under the Ministry of Defense. The head of the
INP was the Director-General and is also the Chief of the PC.
RA 6975 – otherwise known as the DILG Act of 1990, enacted on December 13,
1990. It reorganized the DILG and established the PNP, BFP, BJMP and the
Philippine Public Safety College (PPSC)
RA 8551 – otherwise known as the PNP Reform Act and Reorganization Act of
1998, enacted on February 25, 1998. This law amended certain provisions of RA
6975
RA 9708 – The law amending the provisions of RA 6975 and RA 8551 on the
minimum educational qualification for appointment to the PNP and adjusting the
promotion system, approved on August 12, 2009
Powers and Function of the PNP (under RA 6975)
a. Enforce all laws and ordinances relative to the protection of lives and
properties.
b. Maintain peace and order and take all the necessary steps to ensure public
safety.
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution.
 d. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws.
e. 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.
f. Issue licenses for the possession of firearms and explosives in accordance
with law.
g. Supervise and control the training and operations of security agencies and
issue licenses to operate security agencies, and to security guards and
private detectives, for the practice of their professions
h. Perform such other duties and exercise all other functions as may be
provided by law.
The powers enumerated under RA 6975 can be categorized in four;
a. Order Maintenance – Order means the absence of disorder, which means
behavior tends to disrupt the peace and tranquility of the public or that
involves serious face-to-face conflict between two or more persons. The
police are charged with maintaining order, particularly in areas in which
crime might erupt. Increase attention to order maintenance improves the
relationship between the police and the community.
b. Community-Service Function – Police performs a variety of services related
to law enforcement. Performing community service takes away police time
but the police might deter criminal activity as well as improve the public
image of the police. Includes lectures on crime prevention, educate women
on the prevention of rape, visiting school to educate the students in crime
prevention, and other related community functions.
c. Law Enforcement –(see the powers enumerated under RA 6975)
d. Neighborhood Team Policing – Represents an attempt to integrate the
police and the community interests into a working relationship so as to
produce the desired objectives of peacekeeping in the community. It is a
concept of accomplishing the functions of the police by assigning a team of
policeman in the particular locality at more or less permanent.
Crime Detection in relation to the administration of the CJS
Through crime detection, the police are typically the first component of the
justice system to deal with the commission of the crime.
How is crime detected
The most typical way that crimes come to the attention of the police is for the
victim to report its occurrence to the police. A less typical way for the police to be
advised of the crime is through the reporting of someone who has witnessed its
commission or has come upon evidence indicating that a crime has been
committed. The police themselves through their proactive routine operations
discover that a crime has been committed or witness its commission
An important part of crime detection may be the result of an aggressive police
work. Experienced police officers and detectives sometimes concentrate their
surveillance operations and investigate efforts on persons, situations, or places in
which past experience has taught them that criminal behavior is likely. Example is
a buy-bust operation also known as entrapment. This simply means that ways
and means are resorted to by the police officers in order to catch a law violator as
distinguish from Instigation wherein the police basically induced the person into
committing the crime. In entrapment, the person caught by the police is criminally
liable for the crime committed; while in instigation, the person induced is not
criminally liable but the police officers who induced the latter may be held
criminally, civilly and administratively liable.
The concept of crime control functions and “rationing” in the law enforcement
pillar
Crime control functions in law enforcement is almost intertwined with the
rationing concept in the enforcement of criminal law. With thousands of criminal
law to be enforced, and as varied the classes of criminals are, it is but impossible
to address the law enforcement functions in all fronts. The law enforcement
therefore has to set priority on what law to enforce, when to enforce, to whom
and on what occasions. Some laws are almost always enforced like serious crimes,
violent crimes or sexual crimes.
Rationing refers to when the police selectively enforces criminal law for various
reasons. In short, the concept of crime control is influenced by the rationing
concept that police administrators are adopting.
Arrest and Search Warrant
Arrest refers to the taking of the person into custody in order that he be made to
answer for the commission of the crime. Arrest is very important in the
administration of the CJS because if the accused is not arrested, the court will not
acquire jurisdiction over his person unless the person voluntarily surrenders
himself to the authorities. Under the law, the court cannot proceed with the trial
of the person without his presence or in absentia. This is in consonance with the
constitutional requirement that the accused must have the right to be heard and
to be informed of the cause and accusation against him. The only exemption
when the accused’s presence in court may not anymore be required is when he
has been identified by the witness and when the accused has already been
arraigned.
Probable cause in effecting arrest
Probable cause with respect to arrest is such fact and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.
Search Warrant – is an order in writing issued in the name of the People of the
Philippines signed by the Judge and directed to a peace officer, commanding him
to search for personal property and bring it before the court.
Requisites for the issuance of a search warrant
A search warrant shall be issued only a) upon probable cause b) in connection
with one specific offense c) to be determined personally by the judge d) after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and e) particularly describing the place to be searched and the
things to be seized.
Personal properties to be seized
a) Subject of the offense
b) Stolen or embezzled and other proceeds, fruits of the offense, or
c) Used or intended to be used as a means of the commission of the offense
General rule in effecting arrest
The general rule in effecting an arrest is simply to make an arrest only when there
is a warrant of arrest.
The reason:
a) For the protection of the person making the arrest, in order not to be
charged criminally for violation of Article 124 or Article 125 of the RPC and
other related penal laws. Art 124 – Arbitrary detention – Any public officer
or employee who without legal grounds, detain a person; Art 125 – Delay in
the delivery of detained persons to the proper judicial authorities – The
penalties provided in the nest preceding article shall be imposed upon the
public officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial
authorities within the period of: twelve (12) hours, for crimes or offenses
punishable by light penalties; eighteen (18) hours, for crimes or offenses
punishable by correctional offenses; and thirty six (36) hours, for crimes or
offenses punishable by afflictive or capital punishment.
b) Also to preclude the filing of any civil and administrative charges against
the arresting officer.
Duties of arresting officers executing either a warrantless arrest or arrest with
warrant
a. To arrest the accused without unnecessary delay and to deliver him to the
nearest police station or jail;
b. The officer shall inform the person to be arrested of the fact that a warrant
has been issued for his arrest, except when he flees or forcibly resists
before the officer has the opportunity to so inform him or when the giving
of such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest, but after the arrest, if
the person arrested so requires, the warrant shall be shown to him as soon
as possible.
c. To inform the person arrested about his rights under the Constitution and
for the police to observe the mandate of RA 7438
Rule 113, Section 5 (Revised Rules on Criminal Procedure). Warrantless Arrest
A police officer or 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 and circumstances that the
person to be arrested has committed it;
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 temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another.
General rule in effecting search and seizure – Only by virtue of a validly issued
search warrant. The reason: a) for the protection of the searcher not to be
charged of a crime of theft, robbery, and the like; b) and for any civil and
administrative liabilities
When search and seizure may be made without a search warrant;
a. Warrantless search incidental to a lawful arrest;
b. When there is consent or waiver
c. Seizure of evidence in plain view (when the possession of articles
prohibited by law is disclosed to plain view or is open to eye or hand)
d. Search of a moving vehicle
e. Customs search (in case of contraband or forfeited goods being transported
by ship or vehicle, where the officer making it has reasonable cause for
believing that the latter contain therein, in view of the difficulty attendant
to securing a search warrant;
f. Stop and frisk search
g. Exigency and emergency circumstances.
The evidence obtained in violation of the above rule on arrest and search and
seizure is not admissible in evidence against the accused in any proceedings. This
rule not admitting any unlawfully obtained evidence against the accused is
referred to a “the exclusionary rule” because the same is said to be “the fruit of
the poisonous tree”
Patrol is the only police function that is directly responsible for crime prevention,
Crime prevention is one of the main goals of the CJS. The main purpose of patrol
is to provide police visibility. It creates a basic street psychological effect, that is;
a) Create a feeling of fear to the would-be offender; b) A feeling of security and
safety to the law abiding citizen. Patrol eliminates the Opportunity (being one of
the elements in the commission of the offense) on the part of the would be
violator.
Criminal Investigation is important in the administration of the CJS because one
of the purpose of criminal investigation is to gather and preserve evidence that
will justify their enforcement action, and enable the fact-finding process of the
courts and the prosecution of the case successfully and obtain conviction.
Criminal investigation is an art, which deals with the identity and the location of
the offender and gather evidence of his guilt in a criminal proceedings.
Crime Prevention is simply defined as the elimination or reduction of the desire
or opportunity to commit a crime.
Police Image in the Administration of the CJS
It is important for the police to enhance their image so that full cooperation of
the community is attained. There must be a police-community partnership in
tackling the issues about crime prevention and law enforcement. The community
should be strengthened and organized against crime. It is only when the police
are fully supported by the community that they shall be truly supported by the
community in their crime prevention, investigation and law enforcement
functions
Activities that the police must perform in order to enhance their image
a. Increased police visibility through dispersal of personnel from the
headquarters to the field offices;
b. Efficient and optimized delivery of police services to the communities
c. Constant dialoqueand meetings with the barangay officials in their
respective territorial jurisdictions;
d. Community service oriented policing by conducting seminars for traffic
aides and barangay tanod
e. Coordination with the media for image enhancing projects.
Police discretion in relation to the administration of the CJS
Discretion means the freedom to make a choice among possible courses of
action. It is also the police officer’s wise use of wisdom based on his knowledge,
education, training, skill under the given situations or conditions.
Some examples of police discretion’
a. Whether or not to enforce a specific law
b. Whether or not to investigate
c. Whether or not to conduct search of people or building
d. Whether or not to effect an arrest
e. To determine what charges are to be filed.
PROSECUTION – The Prosecution as the pillar of the CJS simply pertains to a
“criminal action”. Furthermore, it refers to a proceedings instituted and carried
on by due course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with a crime. It is also
used to designate the government as the party to the proceeding in a criminal
action. In a criminal case, it is also referred to as the process by which formal
criminal charges are brought against a person accused of committing a crime
For offenses that required preliminary investigation, the criminal complaint is
instituted by the filing at the Office of the Public Prosecutor (Metro Manila or
Chartered Cities or in the provinces)
For offense that do not require preliminary investigation, the same shall be filed
at the office of the Public Prosecutor in Metro Manila or chartered cities as the
case may be. In the provinces, the same shall be filed directly with the Court
(Municipal Trial Courts (MTC) or Municipal Circuit Trial Courts (MCTC))
For the so called private offense, the same cannot be instituted unless the private
offended party gives the consent or initiates the filing of the complaint against the
offender or in the absence or incapacity of the offended party to initiate the filing
of the complaint, by those enumerated under the rules.
For offenses whose penalty do not exceed imprisonment of one (1) year
regardless of fine, and the offender is no a corporation, the same shall undergo
the required conciliation proceedings at the KatarungangPambarangay (Barangay
Justice System).
The Prosecutor is the government officer tasked to conduct prosecution of
criminal actions in court. The Revised Rules of Court expressly provides that the
prosecution has the direction and control of the case. In case the complainant has
its own private lawyer, said private lawyer can prosecute the criminal case but he
will be under the supervision and direct control of the public prosecutor. At the
MTC or MCTC when the prosecutor is absent, the offended party, any peace
officer, or public officer charged with the enforcement of the law violated may
prosecute the case. But such authority cease upon actual intervention of the
prosecutor or upon elevation to the Regional Trial Court (RTC)
In criminal prosecution, the public prosecutor represents the State or the People
of the Philippines. This is so because 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 of the Philippines. The offended party in criminal prosecution is merely a
witness; mere collateral, for the crime that was committed by the accused is not
against the offended party but against the people of the Philippines.
The National Prosecution Service (NPS)
The NPS is one of the six (6) major functional offices and services of the
Department of Justice (DOJ). It assists the Secretary of Justice in the performance
of powers and functions of the Department relative to its role as the prosecution
arm of the government, particularly in the investigation and prosecution of all
criminal cases, except those under the exclusive jurisdiction of the office of the
Ombudsman.
The NPS was created by virtue of PD No. 1275 (April 11, 1978), entitled
“Reorganizing the Prosecution Staff of the DOJ and the offices of the Provincial
and City Fiscals, Regionalizing the Prosecution Service and creating the NPS.
Under the general supervision and control of the Secretary of the DOJ, it is
composed of the Prosecution Staff in the office of the DOJ headed by the Chief
State Prosecutor, the Regional State Prosecution offices and the Provincial and
City Prosecution offices. Its primary task is to investigate and prosecute all
criminal offenses defined and penalized under the RPC and other special laws.
On April 8, 2010, RA 10071, otherwise known as “the Prosecution Service Act of
2010”, became a law. This law renamed the head of the NPS to Prosecutor
General.
Some of the roles of the Prosecutor:
a. To conduct preliminary investigation (PI)
b. To make proper recommendation during the inquest proceedings of the
case referred to them by the police after the investigation of the suspect
c. To represent the government or state during the prosecution of the case
against the accused
d. To act as a legal officer of the province or city in the absence of its legal
officer
e. To investigate administrative cases filed against State Prosecutors,
Provincial Prosecutors, including the support staff of the National
Prosecution Service (NPS)
The role of the Prosecutor in the administration of the CJS
The prosecutor plays the most crucial role in the administration of the CJS
because the office occupies a central and very important position between the
police and the courts. The prosecutor is the person responsible in determining
whether or not to bring formal charges against person suspected of committing
crimes and be brought to a judicial proceedings. The public prosecutor decides
whether to prosecute the case or not. Hence, even some book authors refer to
him as the “traffic cop” of the CJS.
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.
Purposes of preliminary investigation:
a. To inquire concerning the commission of crime and the connection of the
accused/respondent with it, in order that he may be informed of the nature
and character of the crime charged against him, and if there is probable
cause for believing him guilty, that the state may take the necessary steps
to bring him to trial.
b. To preserve the evidence and keep the witness within the control of the
state, and
c. To determine the amount of bail, if the offense is bailable.
Principal purposes of preliminary investigation
a. To determine whether a crime has been committed and whether there is
probable cause to believe that the accused is guilty thereof.
b. To secure the innocent against hasty, malicious and oppressive
prosecution.
c. To protect him (innocent) from an open and public accusation of a crime,
from the trouble, expense, anxiety of a public trial.
d. To protect the State from useless and expensive trials.
A preliminary investigation is required to be conducted before the filing of the
Complaint or Information for an offense where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day without regard to the fine.
When the offender was arrested without a warrant, an Inquest investigation will
be conducted by the Inquest prosecutor. There is no need to conduct a
preliminary investigation unless the person arrested asks for preliminary
investigation. However, before the same can be done, he must sign a waiver
under the provisions of Article 125 (Arbitrary Detention) of the Revised Penal
Code (RPC). An Inquest procedure shall refer to an informal and summary
investigation conducted by a public prosecutor in criminal cases involving persons
arrested and detained without the benefit of warrant issued by the court for the
purpose of determining whether or not said person should remain under the
custody and correspondingly charged in court. This process requires the
prosecutor to resolve the complaint the police filed within the prescribed period
(Light penalties – 12 hours, correccional penalties – 18 hours, afflictive penalties –
36 hours). If the inquest Prosecutor fails to complete the proceedings within the
prescribed period, then the arrested person must be released.
A preliminary investigation is not a constitutional right but merely a constitutional
right. Since it is merely a statutory and personal right, it can be waived either
expressly or by implication. When the accused failed to invoke his right to
preliminary investigation before or at the time of arraignment, he is deemed to
have waived his right to preliminary investigation.
Preliminary investigation is a matter of right only when the crime committed is
punishable by a penalty of at least four (4) years two (2) months and one (1) day
regardless of fine. Otherwise, it is not.
Denial of preliminary investigation to the accused or the respondent when proper
shall be considered a violation of due process because preliminary investigation is
a component part of due process in criminal justice. The right to a preliminary
investigation is a substantive right.
Persons authorized to conduct preliminary investigations:
a. Provincial or City Prosecutors and their assistants
b. National and Regional State Prosecutors
c. Other officers as may be authorized by law.
Examples of other officers authorized by law to conduct preliminary investigation:
a. The Ombudsman and special prosecutors duly authoriaed by the
Ombudsman with respect to cases under its jurisdiction;
b. The COMELEC with respect to cases in violation of the Election Law.
c. Private lawyers when duly deputized by any of the above.
Probable Cause (in the conduct of PI or in the issuance of WOA)
Probable cause for the purpose of filing information by the prosecutor has been
defined as the existence of such facts and circumstances as would excite the
belief, in a reasonable mind, acting on the facts within the knowledge of the
prosecutor, that the person charged was guilty of the crime for which he was
prosecuted.
Probable cause for the issuance of a warrant of arrest is that which based on facts
and circumstances obtaining, would lead a reasonably discreet and prudent man
to believe that an offense has been committed by the person sought to be
arrested.
In the former, the Prosecutor determines probable cause, while in the latter, it is
the Judge who determines the probable cause.
In our jurisdiction, the conduct of preliminary investigation is very relevant
because at the onset of the criminal process the entry into the system of the
offender is already screened so that the criminal complaint that does not have
probable cause is not given due course.
The primary effect of preliminary investigation in the criminal process is to reduce
the backlog and congestion of cases in courts.
Some of the discretion of prosecutors
a. Whether or not to file the case in court
b. What charges to file
c. Whether or not to enter into plea-bargaining
The prosecutor in our setting has virtually unlimited discretion and the most
important prosecutorial discretion is deciding whether or not to file the case in
court against the accused.
Some of the reasons for prosecutorial rejection or dismissal of some criminal
cases
a. Insufficient evidence that results from a failure to find sufficient physical
evidence that links the defendant to the offense
b. Witness problem that arise for example, when a witness fails to appear,
gives unclear or inconsistent statements, is reluctant to testify, is unsure of
identity of the offender
c. Due process problems that involve the violations of the constitutional
requirements for seizing evidence and for questioning of the accused.
Investigation conducted by concerned law enforcement agency must be thorough
and efficient. A defective investigation will almost certainly result in the dismissal
of the case or the acquittal of the accused.
Crime prevention is the primary goal of the prosecutor in charging a person with
an offense. Prosecutors attempt to control crime by prosecuting and therefore
incapacitating offenders and deterring potential criminals,
Some of the factors that may influence prosecutorial decisions
a. Pressure from the public
b. Pressure from the media
c. The desire to get rid of a suspect who is a particular problem to the
community
d. The belief that new evidence would be discovered and that such evidence
would be favorable to the suspect
 e. The nature of the complaint and the attitude of the offended party
f. The seriousness of the offense
g. The exchange of the relationship among the components of the CJS as well
as the congestion within and the resource demands placed upon the
system.
The Prosecutor has even a greater discretion than the police. The Prosecutor may
refuse to file formal charges against those persons arrested, hence minimizing or
influencing the arrest power or decision making of the public.
Remedies available should the Prosecutor without just cause decline to prosecute
a crime
a. File a motion for reconsideration
b. File an administrative appeal with the Secretary of Justice
c. File an administrative case against the Prosecutor
d. File a civil case against the Prosecutor
e. File a special civil action for grave abuse of discretion
f. File a criminal case against the prosecutor
BAIL – is the security given for the release of the person in the custody of the law,
furnished by him or the bondsman, to guarantee his appearance before any court
as required under the conditions as specified
Bail as a matter of right
a. At the Municipal Trial Court, Municipal Circuit Trial Court and Metropolitan
Trial Court, all persons in custody shall be admitted to bail as a matter of
right before or after conviction
b. At the Regional Trial Court, all persons in custody shall be admitted to bail
as a matter of right before conviction of an offense not punishable by
death, reclusion perpetua, or life imprisonment.
The decision whether or not bail should be granted is discretionary is solely a
court’s prerogative based on the strength of evidence at hand, the gravity of the
offense and the character or risk that the accused will commit another crime or
escape, among other.
As a rule, bails should be filed only before the court, which has jurisdiction over
the case of the accused, who was arrested or under the custody of the law.
As an exception, bail may be posted or filed before the court of the place where
the accused was arrested other than the court where his case was filed. In some
instances, when there is no available Regional Trial Court in the place, the bail
may be filed at the Municipal Trial Court or Metropolitan Trial Court of the place
where the accused was arrested.
Purpose of the bail
The purpose of the bail is to secure the appearance of the accused before the
court when so required. And of course, to provide the accused of his temporary
liberty while awaiting the processing and the disposition of the case filed against
him. To relieve an accused from the rigors of imprisonment until his conviction
and secure his appearance at the trial.
Different kinds of bail
a. Property
b. Cash
c. Corporate surety
d. Recognizance