WESLEYAN UNIVERSITY-PHILIPPINES

Mabini Extension, Cabanatuan City-3100, Nueva Ecija

GRADUATE SCHOOL
Master of Science in Criminal Justice Education

1st semester A.Y 2021-2022

Academic Paper

In Partial Fulfilment
of the Requirements
in the Course

CJE 102 -Foundation of Criminology

(Concept of Criminal Justice System)

Submitted by:

Jefferson R Pascual
MCJE Student

Submitted to:

Mercinario I. Santos, Ph.D

Course Professor

CJE 102 -Foundation of Criminology

(Concept of Criminal Justice System)
Introduction

The purpose of the criminal justice system is to ensure that "justice is given to all." This

includes protecting the innocent, prosecuting offenders, and establishing a just and equitable

justice system to assist maintain order throughout the country. In other words, it safeguards our

citizens. Without the criminal justice system and those who function therein, disorder, violence,

theft, and danger are possible to exist everywhere.

In its simplest form, the criminal justice system is the system or process in a community

by which crimes are investigated and individuals believed to have committed them are

apprehended, brought to trial in court, and punished, with provisions for their correction and

rehabilitation, if proven guilty.

History of the Philippine Criminal Justice System

Before the existence of American sovereignty in the country, we had the Spanish Code of

Criminal Procedure. The Philippine Penal Code, as amended following the Code Committee's

recommendations, and its associated law, the Provisional Law on Criminal Procedure, were

published and implemented in the country following the Royal Decree of December 17, 1884,

which established the Philippine Penal Code. It went into effect four months after publication in

the Manila Daily Gazette ( Gaceta de Manila).

Additionally, the 1879 compilation of the Laws of Criminal Procedure and the 1882 Law

of Criminal Procedure both became a part of our current penal laws and procedures. The criminal
justice system's role is classified in three aspects: to regulate crime, to prevent crime, as well as

provide and preserve justice. This concept of criminal justice has existed since pre-civilized

civilizations when a tribe's leaders administered the village's laws. The criminal justice system

has evolved significantly since the days of traditional societies to the current system of justice.

Criminal justice has developed in various ways over the years, including how they arrest and

investigate, tried and prosecuted. With all of these changes over the decades, there are a few

characteristics that have remained constant: the desire to serve justice and ensure the protection

of the people.

The Philippine Criminal Justice System

The Philippine government has organized and established institutions that are tasked with

the responsibility of preserving peace and order. These institutions are tasked with the

responsibility of preventing crime, enforcing existing laws, and apprehending and prosecuting

individuals who break the law. If the courts find them guilty of a crime, they shall be imprisoned

until such individuals can be rehabilitated and reintegrated into society as law-abiding citizens.

These government-organized institutions have been incorporated to build a Criminal

Justice System. This system is made up of the following components: Law Enforcement,

Prosecution, the Court, Corrections, and the Community.

The Law Enforcement Pillar

 Law Enforcement include the Philippine National Police (PNP), the National Bureau of

Investigation (NBI), and other agencies, as they become aware of or discover criminality, have

the following responsibilities: arrests those who disobey the law, monitoring and surveillance of

suspects, other individuals, and facilities; conducting interviews with people who have

knowledge of factual information directly or indirectly related to the offense; taking photos,

organizing an entrapment, searching premises and persons subject to constitutional provisions,

examining public and private records, collect evidence in order to prosecute suspects in court,

arrest suspects based on a warrant of arrest issued by a judge or in situations where a warrantless

arrest is warranted. Refer the case and accused to the Public Prosecutor's Office  for preliminary

investigation or the City or Municipal Trial Court for trial and judgment.

The Prosecution Pillar

The prosecution determines whether to prosecute a person for violating the law. All cases

involving violations of penal laws are investigated and prosecuted by the Department of Justice

(DOJ) through its National Prosecution Service (NAPROSS). The Secretary of Justice is assisted

by three Undersecretaries in leading the Department of Justice. Aside from being the

government's prosecution arm, the DOJ shall serve as the government's primary law enforcement

agency, as well as its legal counsel and representative, as required. In charge of the probation and

corrections system and provides support to indigents and poor litigants; investigate and prosecute

all crimes; If the preliminary investigation shows that a crime had been committed and the

accused is likely guilty, the prosecutor's office will file the corresponding information in an

appropriate court, thus also initiating the judicial process. The case will then be scheduled for
arraignment, and it's the first stage of a criminal proceeding. It consists of the accused being read

the information or criminal complaint in open court.

The Court Pillar

The Court is the cornerstone of the system, as it determines whether a person charged

with a criminal offense is guilty or not guilty. When a person is proven guilty beyond a

reasonable doubt, he or she must be placed in confinement for the criminal's protection and the

community's welfare.

Conviction is the segregation of convicts through confinement for the periods specified

by the courts or, in extreme cases, their execution by the method defined by law correction and

rehabilitation are functions carried out by the institutions established by law, such as the Bureau

of Prisons, Parole, and Probation Administration and Bureau of Jail Management and Penology

under the DILG.

The Community Pilar

After completing the correction process, either by serving the full prison term imposed on

them, or through parole or pardon, convicts return to the community and either live normal lives

as law-abiding citizens in their barangays or, sadly, commit additional crimes, re-entering the

criminal justice system through the same processes and stages.

The society as a whole, through adequate legislative agencies, public and private

educational institutions, parents or guardians, religious institutions, religious organizations, and

civic organizations, develop and enforce compliance with appropriate moral and ethical values,

fosters the development of civic-spirited community members, and encourages respect for and

observance of the Rule of Law.

The criminal justice system is more than just the institutions and individuals involved

with enforcing the law; it includes the not only public nor the prosecution, but of the judiciary,

the correctional institutions, and the community. All of these institutions or pillars are

collectively referred to as the criminal justice system. All of these pillars need to work

efficiently, as well as in cooperation and coordination with one another, for it to function and

attain its purpose.

 References

The Court and the Criminal Justice System by Honorable Chief Justice Andres Narvasa,

Supreme Court of the Philippines.

Revised Rules of Court (Rules 110 to 127)

Presidential Decree No. 1275 (Reorganizing the Prosecution Staff of the Department of Justice

and the Offices of the Provincial and City Prosecutors, Regionalizing the Prosecution service and

Creating the National Prosecution Service).

The 1987 Philippine Constitution.

Republic Act 296, as amended by Batas Pambansa 129, otherwise known as the Judiciary Act

Executive Order No. 292 dated July 25, 1987, otherwise known as the Administrative Code of

1987.

DOJ Order No. 223 dated June 30, 1993C (Revised Rules on Appeal from Resolutions in

Preliminary Investigation/Reinvestigation).
The Philippine Judiciary Foundation, 2011. The History of the Supreme Court. Supreme Court of

the Philippines, Manila.

The 1935 Constitution.