MODULE 1

INTRODUCTION TO
PHILIPPINE CRIMINAL
JUSTICE SYSTEM

This module or any portion thereof may not be reproduced, copied, transmitted or
distributed in any manner whatsoever without the express written permission of the College or
the Author.
For permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City
Bataan, Philippines.

SYRA B. ENRIQUEZ, RCrim

Criminal Justice Department
Bataan Heroes College

Course Information
Descriptive Title : INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE
SYSTEM

Program : Criminal Justice

Course Code : CLJ 1

Credit Units : 3

Instructor Information
Name : Syra B. Enriquez

Contact Information:

a. Number : 09511027430
b. Facebook Page : https://www.facebook.com/enriquezsyra/
c. Email : syra.enriquez@heroes1979,edu.ph

Course Purpose and Description

This course deals with the study of formal and informal components of the Criminal
Justice System of the Philippines. It covers the respective mandates, processes, and interrelations
in the administration of criminal justice, and the other forms of justice system.

Intended Learning Outcomes

Upon successful completion of this course, students should be able to:

1. Remember the role of the Criminal Justice System in Crime prevention and control.
2. Understand the pillars of criminal justice system and explain their role and how they process a
person until he can be referred to as a criminal.
3. Analyze the American Justice System from that of our country’s justice system.
4. Understand the origin of justice and early concepts and types of justice.
5. Analyze the mission, vision and objectives of the CJS.
6. Understand the general function and operation of the criminal justice system. 7. Evaluate fully
the importance of the five pillars of the CJS.
7. Understand the objectives of the CJS.

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Bataan Heroes College

MODULE NO. 1: INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

This course introduces the study of the pillars/ component units of the criminal justice in
the Philippines, their respective functional relationships as well as individual roles in the
administration of justice.
Criminal Justice System?
1. it comprises all the means used to enforce those standards of conduct which are
deemed necessary to protect individuals and maintain general community well- being.
2. It creates the laws governing social behavior, attempts to prevent violations of the
laws, and apprehends, judges and punishes those who do violate them.
3. It is the machinery of the state or government” which enforces the rules of conduct
necessary to protect life and property and maintain peace and order.
In theory, Criminal Justice System is an integrated apparatus that is concerned with the
following;
1. Apprehension,
2. Prosecution,
3. Trial,
4. Conviction,
5. Sentencing and
6. Rehabilitating or correcting criminal offenders.
What are the Goals of Criminal Justice System?
A. Primary Goals.
a. Maintenance of peace and order.
b. Protection of members of the society.
B. Secondary Goals
a. Crime Prevention
b. Review of the legality of preventive and suppressive measures.
c. Judicial Determination of guilt or innocence of those apprehended.
d. Proper Disposition of those who have been legally found guilty.
e. Correction by socially approved means of the behavior of those who violated the criminal
laws.

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Bataan Heroes College

f. Suppression of criminal conduct by apprehending offenders for whom prevention is

ineffective
People involved in the system (Parties to the criminal case)
1. Accused - The most pampered party in a criminal case.
2. Victim/complainant - The forgotten party in a criminal case.
3. People of the Philippines - The actual offended party
What are the Models of Criminal Justice System According to Herbert Packer?
1. Crime Control Model - it suggests that the most important function of the CJS is the
protection of the public and the repression of criminal conduct. The rights of the individuals are
just secondary.
2. Due Process Model - it suggests that the rights of an individual must be co- equal with the
concern for public safety.
Etymology of Criminal
The word Criminal originated from Middle English; came from Old French criminal;
from Late Latin criminalis; and from Latin crimen or crimin which means accusation,
Criminal refers to a person committed or been legally convicted of a crime.
Etymology of Justice
Justice originated from Greek word dike, which is associated with the concept of
everything staying in its assigned place of natural role.
ESSENCE OF JUSTICE What is the definition of justice?
 Justice is the act of rendering what are due and treating persons equally.
 Essence of Justice under the Philippine Constitution Under Sec. 1, Art III of the 1987
Philippine Constitution, no person shall be deprived of life, liberty or property without
due process of law, nor shall a person be deprived of the equal protection of law.
 Justice will be realized there must be the observance of due process. Due process is a
guaranty against any arbitrariness on the part of the government, whether committed by
the legislative, executive or the judiciary.
Kinds of Due Process
a. Procedural due process – is one which hears before it condemns which proceeds
upon inquiry and renders judgment only after trial.
b. Substantive Due Process – this requires the intrinsic validity of the law in interfering
with the rights of the person to his life, liberty or property.

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Bataan Heroes College

LADY JUSTICE

 This national symbol represents the fairness.

 She is carrying scales that represent “balance”
in all things.
 She is blindfolded in order to be fair to
EVERYONE
 She has a sword to defend everyone’s rights.

What is System?
System refers to a group or combination of interrelated, interdependent, or interaction
elements forming a collective entity; and a methodical or coordinated assemblage of parts, facts,
concepts, etc.
What is Crime?
Crime is the reason why criminal justice system exists. It is a violation of law. Crime
under the Philippine Law, refers to the act committed or omitted in violation of public law
forbidding or commanding it. Crime could be in the form of:
a. Felonies. It refers to those violations of the Revised Penal Code
b. Offenses. It refers to those violations of statutes.
c. Misdemeanors. It refers to those violations of ordinances.
Elements of a Crime
A. Motive. It refers to the reason or intent of an individual to commit a crime.
B. Opportunity. it refers to the chance for an individual to commit a crime at a given
space and time.
C. Means (Instrumentality or Capability. It refers to the ability of an individual to
commit a crime.

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Definition of Terms

1. Age of Enlightenment ( Age of Reason) -a social movement that arose during the 18th
century and that built upon ideas like empiricism, rationality, free will, humanism, and natural
law.

2. Social Contract - It is a concept that human beings abandon their natural state of indvidual
freedom to join together and to form a society.

3. Natural Law - It is -philosophical perspective that certain immutable laws are fundamental to
human nature and can be readily ascertained through reason.

4. Natural Rights - it refers to the rights that, according to the natural law theorists, individuals
retain in the face pf government action and interests.

5. Hedonistic Calculus - it refers to the belief that behavior holds value to any individual
undertaking according to the amount of pleasure or pain that it can be expected to for that
person - Utilitarianism

6. Panopticon - it is a prison designed which is a circular building with cells along the
circumference, each clearly visible from central location staffed by guards.

7. General Deterrence- It is a goal of criminal sentencing that seeks to prevent others from
committing crime similar to the one in which a particular offender is being sentenced.

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8. Specific Deterrence - it is a goal of criminal sentencing that seeks to prevent a particular

offender from engaging in repeat criminality.

9. Mala In Se - it refers to acts that are thought to be wrong in and of themselves.

10. Mala Prohibita - It refers to acts that are considered wrong because they are prohibited.

11. Free will or Freewill. It refers to the ability of human beings tom purposely and deliberately
choose to follow a calculated course of action.

Classical and Positivist Theories

Point
1. Focus
2. View of Human Nature
3. View of Justice System
4. Form of Law
5. Purpose of Sentencing
6. Purpose of School
7. Criminological experts
8. Age of existence
Classical School Positivist School
The focus is the crime or the The focus is the man not the
criminal act not the man. crime committed.
Hedonistic; free willed Malleable; determined by
rationality, morally biological, psychological and
responsible for own behavior. social environment; no moral
responsibility.
Social contract, exists to Scientific treatment system to
protect society, due process cure pathologist and
and concern with civil rights; rehabilitate offenders; no
restrictions on system. concern with civil rights.
Statutory law; exact Social law; illegal acts
specialization of illegal acts defined by analogy; scientific
and sanctions. experts determine social harm
and proper form of treatment.
Punishment for deterrence; Treatment and reform;
sentences are determinate sentences are indeterminate
(fixed length) (variable length until cured).
Reform and humanize the Apply the scientific method
legal and penal systems. to the study of crime and
criminality.
Philosophers, social Scientists; treatment experts.
reformers.
Both schools existed during the Age of enlightenment.

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Bataan Heroes College

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Enhancement Activity/Outcome:

The photograph of Justitia (goddess of justice) is considered as the symbol Justice.

Answer the following questions.

1. What does the sword and the weighing scale symbolize?

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2. What is the rationale behind the blindfolding of the woman?

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3. What is the reason why the symbol is a woman?

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