LESSON 1

Overview of the Philippine Criminal Justice System

TOPICS
1. Introduction
2. Nature and Scope of Criminal Justice System
3. Purpose or Goals of Criminal Justice System
4. Overview on the Criminal Justice System in the Philippine Setting
5. Importance of Studying the Criminal Justice System
6. The philosophies behind the Criminal Justice System
7. Criminal Law and the Criminal Justice System

LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. discuss the introduction and the nature and scope of criminal justice system;
b. discuss the purpose or goals of criminal justice system; and
c. illustrate the overview on the criminal justice system in the Philippine setting;
d. discuss the importance of studying the criminal justice system;
e. correlate the philosophies behind the criminal justice system; and
f. demonstrate the criminal law and the criminal justice system.

TOPIC 1: INTRODUCTION

Criminal Justice System defined -

1. Criminal Justice System (CJS) is the machinery used by the society to prevent and control crime. It is the
tool of a democratic government to protect the people against criminality and other peace and order
problems.
2. In theory, CJS is an integrated process primarily concerned with apprehension, prosecution, trial,
adjudication, and correction of criminal offenders.
3. CJS is a legal process of linking the law enforcement, prosecution, courts, corrections, and community to
have an integrated scheme of investigating and preventing crimes with the ultimate purpose of promoting
justice.

Justice defined -
1. Justice is “rendering what is due or merited and that which is due or merited.”
2. According to Mortimer J. Adler, there are two principles of justice:
a. Render to each his due.
b. Treat equals equally and unequal
c. unequally but in proportion to their inequality.
3. Justice, according to the Supreme Court of the Philippines, is symbolically represented by a blindfolded
woman, holding with one hand a sword and with the other a balance.

TOPIC 2: NATURE AND SCOPE OF CJS

In the Philippine setting, there are five major components of the CJS. These are also known as the five pillars of
CJS. Law Enforcement – Prosecution – Courts – Corrections - Community

Generally speaking, the following are the functions of the five components of the CJS:

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 1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of the people
4. To detect, investigate, apprehend, prosecute, and punish those who violate the law
5. To rehabilitate the convicted criminal offenders and reintegrate them into the community as law-abiding
citizens

CJS operates by linking the police, prosecuting agencies, courts, correctional institutions, and the
mobilized community to form an operational cycle designed to promote justice for criminal victims as well as
those who are accused and convicted of crimes.
The first four pillars - law enforcement, prosecution, courts, and corrections - pertain to the government
agencies vested with official responsibility in dealing with crime prevention and control. The community pillar
has the broadest jurisdiction. Under the concept of the participative criminal justice system in the Philippines,
government agencies, agencies in the private sector, non-government organizations, and ordinary citizens,
become a part of the CJS upon involvement in issues and activities related to crime prevention and control

TOPIC 3: PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM

Primary goals
a. Maintenance of peace and order
b. Protect members of the society

Secondary goals or sub-goals

a. Prevention of crime
b. The review of the legality of preventive and suppressive measures.
c. The judicial determination of guilt or innocent of those apprehended.
d. The proper disposition of those who have been legally found guilty.
e. The correction by socially approved means of the behavior of those who violate the criminal law.
f. The suppression of criminal conduct by apprehending offenders for whom prevention is ineffective.

TOPIC 4: OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING

1. LAW ENFORCEMENT: This first pillar consists mainly of the police. The work of the police primarily
involves prevention and control of crimes by enforcing the laws, investigating crimes, arresting offenders,
and conducting lawful search and seizure to gather necessary evidences needed to file a criminal complaint.

2. PROSECUTION: The second pillar takes care of the investigation of criminal complaints to ensure that there
are reasonable grounds in filing such complaints. In rural areas, the police may file the complaint with the
inferior courts (Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges of these inferior
courts act as quasi-prosecutors only for the purpose of the preliminary investigation. Once a prima facie
case has been determined, the complaint is forwarded to the City or Provincial Prosecutor’s Office, which
will review the case. When the complaint has been approved for filing with the Regional Trial Court, the
court issues an arrest warrant for the accused once the information has been filled.

3. COURTS: The courts provide opportunity for the prosecution to present evidence and establish proof of
criminal guilt of the accused. During trial, that the accused is given time in the court to disprove the
accusation against him.
Our criminal justice system abides by the Constitutional presumption that any person accused of a
crime is presumed innocent unless proven otherwise. This means that the courts must determine the guilt
of the accused beyond reasonable doubt based on the strength of the evidence presented by the
prosecution. If there is any reasonable doubt that the accused commit a crime, he has to be acquitted.
The Rules of Court, however, provides that the accused can be convicted of a lesser crime than
the crime he has been charged with in the information. But the elements of the lesser offense should be
necessarily included in the offense charged, and such lesser crime was proven by competent evidence.

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 4. CORRECTIONS: The fourth pillar takes over once the accused, after having been found guilty, is meted out
the penalty for the crime he committed. He can apply for probation or he could be turned over to a non-
institutional or institutional agency or facility for custodial treatment and rehabilitation. The offender could
avail of the benefits of parole or executive clemency once he has served the minimum period of his
sentence. When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial
or national penitentiary depending on the length of the sentence meted out.

5. COMMUNITY: This pillar has 2-fold role.

a. First, it has the responsibility to participate in law enforcement activities by being partners of the
peace officers in reporting the crime incident, and helping in the arrest of the offender.
b. Second, it has the responsibility to participate in the promotion of peace and order through crime
prevention or deterrence and in the rehabilitation of convicts and their reintegration to society.

Under the concept of a participative criminal justice system in the Philippines, public and private agencies as
well as citizens, become a part of the CJS when they participate and become involved with issues and activities
related to crime prevention.
Thus, citizen-based crime prevention groups become part of the CJS within the framework of their
involvement in crime prevention activities and in the reintegration of the convict who shall be released from the
corrections pillar into the mainstream of society.

Interplay in the Formal Process

1. POLICE: The Initiator of the CJS Process

Installed at the forefront of the CJS, the police or law enforcement pillar is made up mainly of the Philippine National
Police (PNP), the National Bureau of Investigation (NBI) and the Philippine Drugs Enforcement Agency (PDEA)
2. PROSECUTION: Determine of Probable Cause
Prosecution pillar is made up of mainly National Prosecution Service (NPS). Its main functions are the following:
conduct inquest procedure; determine probable cause through preliminary investigation/ issues subpoena/
administers oath; recommends the dismissal and or filing of criminal charges; prosecute criminals and represent the
State in all criminal proceedings.
3. Court: Centerpiece of the CJS
The Court, is made up of the Supreme Court (SC) and such other inferior courts in the land. Its main functions are
the following: issues search and arrest warrants; conduct preliminary investigation; conduct arraignment, pre-trial and
trial proper, renders judgment; adjudicate penalty and sentencing; and resolve appeals cases, legal issues and
controversies.
4. Corrections: Rehabilitative Arm of the CJS
Corrections is entrusted for the custody and safekeeping of all convicts so that the ends of justice are achieved. The
Bureau of Corrections (BUCOR) and the Bureau of Jail Management and Penology (BJMP) are part of the
correctional system in the Philippines.
5. Community: The Informal Pillar of the CJS
The community pillar or the mobilized community is the largest component of the CJS, made up of the various
agencies in public and private sectors.

Functional Components of the Criminal Justice System (Process)

1. Police- gathering of evidence and arresting the suspected law violator.
2. Prosecutor - Evaluating of the evidence the police have gathered and deciding whether it is sufficient to
warrant filing charges against the alleged violator.
3. Defense attorney - defending the accused.
4. Judge - (during trial) arbitrator in court who ensures that the defense and prosecution adhere to the legal
requirements of introducing evidence and examining and cross-examining witnesses.
5. Judge - (end of the trial) renders the decision.
6. Probation officer - conducts post-sentence investigations and supervises convicted defendants placed under
probation.
7. Prison system - receives the defendant if convicted and sentenced and keeps them until parole is granted or
have completed their sentences.
8. Parole department - assists released prisoners in their return to the community.
9.

TOPIC 5: IMPORTANCE OF STUDYING THE CJS

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 You should be concerned about the CJS because it affects your life, your work, your activities and, in
general, your pattern of behavior and relationship in the community.
This is why the community pillar is also the base of the entire CJS as there will never be criminal cases, in
the first place, if the community is healthy and law-abiding.
But for the few who may have gone astray, they should be reintegrated into the community once they are
released from the jail or prisons and should be helped to become law-abiding members of the community.

TOPIC 6: THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

The Adversarial Approach

The adversarial approach assumes innocence. The prosecutor representing the State must prove the guilt. The
adversary approach requires that the proper procedures are followed, procedures designed to protect the rights of
the accused.
The adversary system embodies the basic concept of equal protection and due process. These concepts are
necessary in order to create a system in which the accused has a fair chance against the tremendous powers of the
prosecutors and the resources of the State.
The Inquisitorial approach
The inquisitorial system assumes guilt; the accused must prove that they are innocent. The inquisitorial approach
places a greater emphasis on conviction rather than on the process by which the conviction is secured.

The philosophy adopted in our Criminal Justice System is the Adversarial Approach.

CONCEPT OF DUE 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.
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 the rights accorded to him under the Constitution and
applicable statute.
CONCEPT OF EQUAL PROTECTION
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

TOPIC 7: CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Basis of the Criminal Justice System

Criminal Law is the basis that takes place in the Criminal Justice System.
Only violations of Criminal Law are being considered and processed in the Criminal Justice System. Where
no violation of Criminal Law or where no commission of the crime, in general, Criminal Justice as a process will not
operate.

CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their punishment.

TWO CLASSIFICATION OF CRIMINAL LAW

SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore punishable.
PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal
Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM
IN THE PHILIPPINES
First is the “presumption of innocence”. This means that those who are accused of crimes are considered innocent
until proven guilty. The accused is entitled to all the rights of the citizens until the accused’s guilt has been

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determined by the court of law or by the accused’s acknowledgment of his guilt that he or she indeed committed the
crime.
The second principle is “the burden of proof” which in criminal cases means that the government must prove beyond
“reasonable doubt” that the suspect committed the crime

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until
proven guilty.

CONCEPT OF PROOF BEYOND REASONABLE DOUBT

In order to make sure that only those who are guilty of the crime as punished, our Rules on Evidence
provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond reasonable
doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

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.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

CRIMINAL may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from the time he or she committed the
crime regardless whether or not it has been reported to the Police for investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial process and upon
determination by the Court that he or she is guilty beyond reasonable doubt.
3. In 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

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE
CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the Preliminary Investigation,
he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can really be
considered as a CRIMINAL.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF ABSOLUTELY

1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO ADMINISTER JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary