Claw 1 – Introduction to Criminal Justice justice.

Indeed, JUSTICE is the primary output

of the system and the bottom line of the
( REVIEWER FOR MIDTERM! ) process.

Lesson 1

Criminal Justice System

- Criminal Justice System is defined as the

machinery of the State or government, which
enforces the rules of conduct necessary to
protect life and property and maintain peace
and order.

- The sum total of instrumentation of which a

society uses in the prevent.

Functions of the Criminal Justice System

The operation of the criminal justice system

includes the following:
What is Crime?
 Preventing the commission of crimes;
 It is an act or omission that constitutes an
 Enforcing the law; offense that may be prosecuted by the state
and is punishable by law.
 Protecting life, individual rights and property;
SUB-CLASSIFICATION OF CRIMES
 Removing dangerous persons from the
community;
FELONY OFFENSE INFRACTION
 Deterring people from indulging in criminal OF LAW
activities;

 Investigating, apprehending, prosecuting and Revised Special Law Ordinance

imposing penalty upon those who cannot be Penal
deterred from violating the rules of society; and Code
(Act 3815)
 Rehabilitating offenders and returning them to
the community as law-abiding and useful CLASS OF CRIMES
citizens of the society.

LAW:

 The instrument in achieving justice. 1. Crime Mala in Se (Wrongful in

 A major input in the criminal justice system.
 Law is society’s primary instrument for making
known what acts are considered crime and
what sanctions may be applied to those who
commit acts defined as crimes.
JUSTICE :
 The criminal justice system is intended to deal
with crime. It is expected to do so by applying
the law and producing results that approximate
Nature)
 Acts that are outlawed because they
violate basic moral values such as
rape, murder, assault and robbery.
2. Crime Mala Prohibita
 Acts that are outlawed because they
clash with current norms and public
opinion, such as tax, traffic and drug
laws.

LESSON 2
Law Enforcement (First Pillar)
POLICE/ LAW ENFORCEMENT PILLAR
As the first pillar of the Criminal Justice System the
Police is considered the “initiators of actions or prime
mover of the CJS” that other pillars must act upon to
attain its goal or objectives in the process.
The Police refer to the police agency and other law
enforcement organizations authorize by the State to
enforce the law.
Trinity of the police pillar of CJS
1. Philippine National Police (PNP)- occupies the
forefront of the police pillar. The premier law
enforcement agency tasked by the government
to implement the law and keep the peace.
And supported by:
2. National Bureau of Investigation (NBI)
3. Philippine Drug Enforcement Agency- to help
curb the drug problem which has become a
major law enforcement concern and a serious
threat to peace and order.
Objectives of Law Enforcement/Police
1. Crime Prevention
 The prevention and suppression of
crimes have traditionally been accepted
as the primary goal of the local police
forces.
2. Criminal Apprehension
 It is a police responsibility to identify,
locate, and apprehend offenders.
3. Law Enforcement
 It is the basic responsibility of the police
to enforce the law.
4. Order maintenance
 One of the most troublesome
responsibilities of the police.
5. Public service
 Because the police is the most visible
symbol of authority, they are called
upon to assist in situations like location
of lost persons or properties, to provide
VIP, bank and funeral escorts and other
similar duties.
6. Traffic regulation and motor accident
investigation
 The police are expected to ensure road
safety for both pedestrians and
motorists and assist in cases of road
accidents and emergencies.
Evolution of the Law Enforcement/Policing in the
Philippine Setting
Pre-Spanish Regime
 The police under the Philippine setting, evolved
from the practice of different tribes to select
able-bodied young men to protect their villages,
not from assaults of criminals but from
depredation of animals that prey on their crops
and livestock during the night.
Spanish Regime
 Police service during Spanish regime to the 19 th
century was looked upon by the Spanish
government as a part of the military system
defense colony. So the locally organized police
forces; although performing civil duties was
seemingly created for sole purpose of
maintaining peace, were in fact direct adjuncts
of the colonial military establishment.
Police forces during the Spanish Regime
1. CARABINEROS DE SEGURIDAD PUBLICA
(MOUNTED POLICE)
 Organized in 1712 to carry out the
regulation of the state, discharges the
duties of a port harbor and river police.
2. GUARDRILLEROS
 A body of rural police organized in each
town, established by the Royal Decree of
January 8, 1836. This decree provided that
5% of the able-bodied male inhabitants of
each province were to be enlisted in this
police force for 3 years.
Duties & Functions
 Maintain public security and order in town;
 To patrol;
 Guard dark and unsafe places;
 Guard the tribunal/municipal and prison house;
 Conduct prisoners;
 Carry mails at times; and
 To do many other duties in the town.
3. GUARDIA CIVIL
 This was created by a Royal Decree issued by
Crown on February 12, 1852 to partially relieve
the Spanish Peninsular troops of their works in
policing towns. It consisted of a body Filipino
policeman organized originally in each of
provincial capitals of the Central Provinces of
Luzon under the Alcade (Governor).
Duties & Functions
 The suppression of brigandage by patrolling the
unsettled areas;
 Detection of local petty uprising; and
 The enforcement of the collection of revenues
The American Occupation
 The first American occupation in the Philippines
came before the Filipino-American war (1898-
1901) was followed by a period of political
turmoil and social imbalance.
Police forces during the American Occupation
1. Insular Police Force
• On November 30, 1900 the commission
recommends to the Secretary of War
the organization of an Insular Police
Force.
2. Insular Constabulary
• The Philippine Commission passed Act
No 175 on July 18, 1901, entitled “An
act providing for the Organization and
Government of Constabulary” better
known as the Insular Constabulary.
• Act No. 255 (Oct.03, 1901)- the act that
renamed the Insular Constabulary into
Philippine Constabulary.
• Capt. Henry T. Allen was named as the
first PC Chief such he was called as the
“Father of Philippine Constabulary”
• Brigadier General Rafael Crame
became the first Filipino COP.
3. Manila Police Department (MPD)
• Organized on July 31, 1901 by virtue of
Act No 183 of the Philippine
Commission.
4. Bureau of Investigation
 Act No 181 required the creation of Bureau
of Investigation. This agency should be the
modification of the Division of Investigation
from the DOJ.
 On June 19, 1947 R.A. 157 was enacted
which created the National Bureau of
Investigation (NBI)
Police Force during the Japanese Regime
1. KEMPETAI
 The Japanese military force, they were
held responsible in maintaining peace
and order in Manila and adjacent urban
areas. They ruled the urban areas until
Gen. Douglas McArthur returned on
February 7, 1945
 After the Japanese occupation, and after the
Philippines obtained its independence from the
Americans, the Philippine Constabulary was
created by operation of law as one of its
service of the Armed Forces of the Philippines
Post American Period
1. In September 18, 1966, R.A. 4864 otherwise
known as Police Act of 1966 was enacted. The
law created the office of Police Commission
(later known as NAPOLCOM) under the office of
the president.
 Created as a supervisory agency to the
PC. Its function is to oversee the
training and professionalization of the
local police forces.
Martial Law Period
1. Presidential Decree No. 765
 on August 8, 1975 decreed into law
with the following salient features:
  The INP was established and
constituted, composed of the Philippine
Constabulary (PC) as the nucleus, and
Integrated National Police as
components, under the Department of
National Defense;
 The PC remained and constituted as
major service of the Armed Forces of
the Philippine (AFP);
Post Martial Law
1. Republic Act 6975 “An Act Establishing the
Philippine National Police under a recognized
Department of the Interior and Local
Government and other Purposes”
 Created on December 13, 1990,
creating the PNP, BFP and BJMP.
Incidental thereto, dissolving the
Philippine Constabulary.
 ended the existence of the Philippine
Constabulary and Integrated National
Police and giveaway to creation of the
Philippine National Police, now known
as the country’s police force that is
national in scope and civilian in
character. It is administered and
controlled by the National Police
Commission.
2. Republic Act 8551
 Otherwise known as the Philippine
National Police Reform and
Reorganization Act of 1998, enacted on
February 25, 1998; this law amended
certain provisions of RA 6975.
3. Republic Act 9708
 Enacted on August 12, 2009
 Amending the provisions of RA 6975 and RA
8551 on the minimum educational qualifications
for appointment to the PNP and adjusting the
promotion system.
Trinity of the Police pillar of CJS
The Philippine National Police
 The 1987 Philippine Constitution itself
mandates that there should be one police force
that is national in scope and civilian in
character, and on the basis of this constitutional
precept, Republic Act 6975 created the PNP as
the premier law enforcement agency that has
the following powers and functions:
POLICE FUNCTIONS:
1. Enforce all laws and ordinances relative to the
protection of lives and properties;
2. Maintain peace and order and take all
necessary steps to ensure public safety;
3. Investigate and prevent crimes, effect the arrest
of criminal offenders, bring offenders to justice
and assist in their prosecution;
4. Exercise the general powers to make arrest,
search and seizure in accordance with the
Constitution and pertinent laws;
5. 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;
6. Issue licenses for the possession of firearms and
explosive in accordance with law;
7. 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
practice of their professions; and
8. Perform such other duties and exercise all other
functions as may be provided by law.
Miscellaneous Services:
 Regulation of non-criminal conduct, such as
traffic control and management; and
Performing Civil Missions, and such as
conduction of any person to hospital for
immediate medication, or any other form of
services which is civic in nature.
Police Discretion
 In police matters, discretion simply refers to the
wise use of one’s personal judgment based on
personal experience and common sense to
decide a particular situation. Discretion may
also mean the freedom to decide, the freedom
or authority to judge something or make a
decision about it.
  Police officers exercise discretion in the
performance of their duties. Considering
that there is no clear-cut guidelines on this
aspect of their responsibilities, the law
enforcers usually act based on his
judgment, conscience and experience.
 It was the brainchild of the late President
Manuel L. Quezon and Jose A. Yulo, then
Secretary of Justice.
 Focuses on syndicated activities and special
investigations.

Some Discretionary practices of the police:  Since then, the Bureau assumed an increasingly
significant role, thus, on June19, 1947 Republic
1. To strictly enforce the laws and ordinances Act 157 was created, renaming it to what it is
2. To be lenient in the enforcement of the presently known, the National Bureau of
laws and ordinances Investigation (NBI).
3. To apply for search warrants
4. Either to arrest or just warn suspects
NBI FUNCTIONS:
5. To gather additional evidences or
immediately file a case against the suspect 1. To undertake investigations of crime and other
6. To follow-up cases offenses against laws of Philippines upon its
own initiative and as a public interest may
The PNP is supported by administrative and require;
operational units
2. To undertake assistance, whenever properly
 ADMINISTRATIVE UNITS requested, in the investigation/ detection of
crimes and other offense;
1. Crime Laboratory
2. Logistics Unit, 3. To give technical aid to all prosecution and law
3. Communication Unit, enforcement agencies as well as to the courts
4. Computer Center, that may request its service;
5. Finance Center and
4. To act as a national clearing house of criminal
6. Civil Security Unit
data and other information for the benefit and
7. Chaplain Service
use of all prosecution and law enforcement
8. Legal Service
entities in the Philippines, the identification of
9. Medical and Denta
records of all persons marks, characteristics,
 OPERATIONAL SUPPORT UNITS and ownership or possession of firearms as well
1. Maritime Police Unit as to conduct ballistics tests of bullet fired there
2. Special Action Force from in the course of criminal investigation.
3. Criminal Investigation and Detection Group 5. To establish and maintain an up-to-date
4. PNP Anti-Illegal Drugs Special Operations scientific crime laboratory and to conduct
Task Force research in furtherance of scientific knowledge;
5. Police Intelligence Unit
6. Aviation Security Unit 6. To perform such other related functions as the
secretary of justice may assign.
7. Traffic Management Unit
8. Civil Relation Unit. NBI Services
1. The General Investigation Service
• This is performed by the Regional
Offices together with its sub-offices
The National Bureau of Investigation (NBI) organized under the Deputy Director in
line with the concept of decentralized
 The National Bureau of Investigation (NBI) saw organization for the purpose of
its inception on November 13,1936 upon economy and expediency and to ease
approval of Commonwealth Act No. 181 by the the burden of workload and control of
legislature. the NBI Director.
 2. The Special Investigation Service
• This office has immediate control and
supervision over Domestic Intelligence
Division, Anti-graft Division and Missing
Person Division. Each division handles a
specialized type of investigation,
thereby relieving the General
investigation Service of case which is
highly technical and specialized in
Power and Duties:
nature.
3. The General Administrative Service
• This is concerned primarily with
administrative matters in NBI logistics
and Maintenance Division, training
Division and Accounting Division.
4. The Technical Services
• This is charged with the operation of
the crime laboratory, the support
services for investigative activities and
other related investigative aids.
The Philippine Drug Enforcement Agency (PDEA)
 For thirty years, Republic Act 6425, otherwise
known as the Dangerous Drugs Act of 1972, had
been the backbone of the Philippine drug law
enforcement system. Despite the efforts of
various law enforcement agencies mandated to
implement the law, the drug problem
alarmingly escalated. The high profitability of
the illegal drug trade, compounded by the then
existing laws that imposed relatively light
penalties to offenders, greatly contributed to
the gravity of the problem.
 Recognizing the need to further strengthen
existing laws governing Philippine drug law
enforcement system, President Gloria
Macapagal-Arroyo signed Republic Act 9165, or
the Comprehensive Dangerous Drugs Act of
2002, on June 7, 2002 and it took effect on July
4, 2002. R.A. 9165 defines more concrete
courses of action for the national until-drug
campaign and imposes heavier penalties to
offenders.
 It was created by virtue of Republic Act 9165,
otherwise known as the Comprehensive
Dangerous Drugs Act of 2002 which was
approved on June 7, 2002 and took effect on
July 4, 2002 amending R.A. 6425 (Dangerous
Drug Act of 1972)
 It is an agency in-charge of enforcing RA 9165
which is under the administrative supervision of
the Dangerous Drug Board (DDB) the policy
making body.
1. To cause the efficient and effective
implementation of the national drug control
strategy formulated by the Dangerous Drug
Board;
2. Undertake the enforcement of the
provisions of Article II of RA 9165 relative to
the unlawful acts and penalties involving
any dangerous drugs and/or controlled
precursor and essential chemicals;
3. Administer oath and issue subpoena and
subpoena ducestecum relative to the
conduct of investigation involving the
violations of RA 9165;
4. Arrest and apprehend as well as search all
violators and seize or confiscate the effects
or proceeds of the crimes as provided by
law;
5. Take charge and have custody of all
dangerous drugs and/or controlled
precursors and essential chemicals seized,
confiscated or surrendered to any national,
provincial or local law enforcement agency;
6. Establish a forensic laboratory in each PNP
office in every province and city in order to
facilitate action on seized or confiscated
drugs, thereby hastening their destruction
without delay;
7. Recommend to the DOJ the forfeiture of
properties and other assets of persons
and/or corporations found to be
8. Violating the provisions of RA 9165 and in
accordance with the pertinent provisions of
the Anti-Money Laundering Act of 2001.
9. Prepare for prosecution or cause the filing
of appropriate criminal and civil cases for
violation of all laws in dangerous drugs,
controlled precursors and essential
 chemicals, and other similar controlled
substances;
10. Monitor, and if warranted by
circumstances, in coordination with the
Philippine Postal Office and the Bureau of
Customs, inspect all air cargo packages,
parcels and mails in the central post office;
11. Conduct eradication programs to destroy
wild or illegally grown plants from which
dangerous drugs may be extracted
12. Initiate and undertaken the formation of a
nationwide organization which shall
coordinate and supervise all activities
against drug abuse in every province, city,
municipality and barangay;
13. Establish and maintain a national drug
intelligence system in cooperation with law
enforcement agencies, other government
agencies/offices and local government units
that will assist in the apprehension of big-
time drug lords;
14. Establish and maintain close coordination,
operation and linkages with international
drug control and administration agencies
and organizations.
15. Create and maintain an efficient special
enforcement unit to conduct an
investigation, file charges and transmit
evidence to the proper court;
16. Require all government and private
hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it;
17. Coordinate with DDB for the facilitation of
the issuance of necessary guidelines, rules
and regulations for the proper
implementation of RA 9165;
18. Initiate and undertake a national campaign
for drug prevention and control programs,
where it may enlist the assistance of any
department, bureau, office, agency or
instrumentality of the government,
including government-owned and/or
controlled corporations; and
19. Submit annual and periodic reports to the
DDB from time to time and perform such
other factions as may be authorized of
required under existing laws and as directed
by the President.
WHAT IS ARREST?
 Arrest is the taking of a person into custody in order
that he may be bound to answer for the commission
of an offense.
How should arrest be made?
 An arrest is made by an actual restraint` of the
person to be arrested, or by his submission to the
custody of the person making the arrest. No violence
or unnecessary force shall be used in the making of
arrest, and the person arrested shall not be
subjected to any greater restraint than is necessary
for his detention (Sec. 2, Rule 113)
WHAT IS WARRANT OF ARREST?
 It is an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him/she to
take a person into custodyin order that he/she may
be bound to answer for the commission of an
offense
 NOTA BENE!! Shall remain valid until the person to be
arrested has been arrested or has surrendered
Within what period should the warrant of arrest be
enforced?
 The head of the office whom the warrant of arrest
has been delivered for execution shall cause the
warrant to be execute within 10 days from the
receipt thereof (Sec. 4, Rule 113)
What is the duty of the officer after the expiration of
10 days from the receipt of the warrant of arrest?
 Within 10 days after the expiration of such period,
the officer to whom it was assigned for execution ,
shall make a report to the judge who issued the
warrant and in case of his failure to execute the
same, shall state the reasons therefor (Sec. 4;
Mamangon vs. CFI, August 30, 1990)
Requisites of Valid Warrant of Arrest
a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the
judge upon examination under oath or affirmation of
the complainant and witnesses he may produce; and
c. Particularly describing the person to be arrested.
Who may make/ execute/ affect Arrest?
1. Police officer (in both warrantless and arrest with 5. No search warrant shall issue more than one specific
warrant) offense.
2. PRIVATE INDIVIDUAL (ONLY WARRANTLESS ARREST
OR CITIZEN’S ARREST) How long can an arrested person be detained before
3. Members of investigation staff of the NBI (under RA he/she be delivered to proper Judicial Authorities by
157, as amended) the police officer?
4. Bailor (may arrest the accused for the purpose of  “Article 125. Delay in the delivery of detained
surrendering him/her in court) persons to the proper judicial authorities.—The
5. Sheriff or deputy (may arrest a witness who failed penalties provided in the next preceding article shall
to attend and obey subpoena despite proof of be imposed upon the public officer or employee who
service thereof) (sec. 11, Rule 23) shall detain any person for some legal ground and
6. Provincial or City Probation officer (may arrest shall fail to deliver such person to the proper judicial
probationer under his/her care; sec. 24, PD968)
7. Commissioner of Land of Transportation and his  authorities within the period of;
Deputies (are authorized to make arrest for
(As amended by Executive Orders 59 and 272,
violation of land insofar as motor vehicles are
November 7, 1986 and July 25, 1987, respectively).”
concerned; RA 4136, as amended)
(Emphasis supplied)
When is Warrantless Arrest lawful?
Prescribed filing of cases, within:
Valid Warrantless Arrest
 12 Hours for LIGHT FELONY
1. In Flagrante Delicto Rule
 18 Hours for LESS GRAVE FELONY
 When in his presence, the person to be
arrested has committed an offense, actually  36 Hours for GRAVE FELONY
committing an offense, or is attempting to
commit an offense.
2. The “Hot Pursuit” arrest Rule
 When an offense has in fact just been
committed, and he has personal knowledge
of facts indicating that the person to be
arrested has committed it.
3. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he/she is serving final judgment or
temporarily confined while his case is pending, or has
escaped while being transferred from one
confinement to another.

Requirements for a Valid Search Warrant

1. It must be based upon a probable cause.

2. The probable cause must be determined personally
by the judge
3. The determination must be made after examination
under oath/affirmation of the complainant and the
witnesses he may produce.
4. It must be particularly describe the place to be
searched and the persons or things to be seized.
Table of Felonies and its Penalties, Period of
2ND PILLAR PROSECUTION
PROSECUTION
• May refer to the agency responsible in presenting
the government’s position in criminal cases and
evaluating pieces of evidence presented by the law
enforcement.
• The course of action or process whereby
accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
Functions
1. Evaluate the police findings referred to them, or
other complaints filed directly with them by
individual person.
2. File corresponding criminal complaints or
information in the proper courts on the basis of
their evaluation on the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name
of the people of the Philippines.
The PROSECUTOR
• He/she is a public officer having an authority to
conduct legal actions concerning the complaint filed
at his/her office and perform other prosecution
functions as provided by law;
In the administration of Criminal Justice System, what
is the role of the prosecutor?
• The prosecutor perhaps plays the most crucial role
in the administration of criminal justice system
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 persons accused of committing crimes to be
 processed in the system. He/she decides whether
to prosecute the case or not.
Hence, even some authors referred to him as the
“traffic cop” of the criminal
National Prosecution Service
• The National Prosecution Service is one of the most
important offices in the criminal justice system in
the Philippines, for the public prosecutor, whether
here or elsewhere, often literally holds the power of
life and death in his hands.
• As succinctly stated by the then Associated
Justice of the U.S. Supreme Court, Robert
Jackson, “The Prosecutor has more control
over life, liberty and reputation than any
other person in America”.
• The NPS is mandated to maintain and upholds the
rule of law through effective expeditious delivery of
prosecutorial services in order to enhance peace
and order. The members of the NPS are primarily
tasked to investigate and prosecute all criminal
offenses defined and penalized under the Revised
Penal Code and other Special Penal Laws.
Organization
• Composition:
The National Prosecution Service, which is
under the supervision and control of the Secretary of
Justice, is composed of the following:
1. The Officer of the Chief State Prosecutor in the
Officer of the Secretary of Justice;
2. The Regional State Prosecutor’s Office; and
3. The Provincial and City Prosecutor’s offices
Other investigatory bodies and individuals tasked to
investigate and prosecute specific offences are the
following:
1. Office of the Ombudsman.
• His office has primary jurisdiction to
conduct preliminary investigation and
prosecution of all cases cognizable by the
Sandiganbayan and to file information
therefore and to direct and control
prosecution of violations.
2. Judge Advocate General Service, AFP, the General
Courts Martial
• are given jurisdiction to try military
members and all persons subjects to
military law under Article 2 of the Articles of
War for crimes or offenses committed by
them.
3. Commission on Election (COMELEC)
 The Commission, through its duty
authorized legal officers, have the
exclusive power to conduct preliminary
investigation of all election offenses and
to prosecute the same.
Who is being represented by the prosecutor in the
prosecution of the case?
• In Criminal prosecution, the 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; collateral for the crime that
was committed by the accused is not against
the offended party but against the people of the
Philippines.
The Prosecution Process
- If respondent cannot be subpoenaed, or if
subpoenaed but does not submit his/her counter-
affidavit within 10days, investigating officer shall
resolve complaint based on the evidence presented
by the complainant.

Two types of SUBPOENA

SUBPOENA DUCES SUBPOENA AD

TECUM TESTIFICANDUM

Process directed to a Process directed to a person,

person, requiring him to requiring him to
bring with him any attend and to testify
books/documents/things at the hearing/trial
under his control. of an action or at any
investigation conducted
by competent authority,
or for the taking of
his deposition.

DISTINGUISHED:

INFORMATION COMPLAINT

It is an accusation It is a sworn written

in writing charging a statement charging a
person with an person with an offense,
offense, subscribed subscribed by the offended party, any
by the prosecutor peace officer or other
and filed to the public officer charged
court with the enforcement
of the law violated.

PRELIMARY INVESTIGATION
• It is an inquiry or proceeding for the purpose of
determining whether there is sufficient ground
to engender a well founded belief that a crime
has been committed and that the respondent is
probably guilty thereof, and be held for trial
(Section 1, Rule 112, Rules of Court).
When can there be Preliminary Investigation?
• 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
Objectives of Preliminary Investigation
1. To protect the innocent against hasty, malicious
and oppressive prosecution;
2. To protect the innocent from public accusation
of a crime, from the trouble, expense and
anxiety of a public trial; and
3. To protect the state from useless and expensive
prosecution.
Is there an instance when Preliminary investigation in
not required to be conducted even if the crime is one
that requires Preliminary Investigation? YES!!
• when the offender was arrested without a warrant,
an INQUEST investigation will be conducted by the
inquest investigator. 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 provision of Art. 125 of the
Revised Penal Code.
• Where the detained person does not opt a
preliminary investigation or otherwise refuses to
execute the required waiver, the investigator shall
proceed with the inquest by submitting the suspect
before the inquest prosecutor to include sworn
statements/affidavits to the complainant and the
witness/es and other supporting evidences.
[3]
• Article 125, Revised Penal Code.
• [4]
Rule 112, Sec. 7, Rules of Court.
INQUEST PROCEEDING
• 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 a 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.
Probable Cause
• Presupposes a reasonable ground for belief in the
existence of fact warranting the proceedings
complained of;
• An apparent state of facts found to exist upon
reasonable inquiry which would induce a reasonably
intelligent and prudent man to believe that the
accused person had committed the crime charged.
What are some of the discretion of Prosecutors?
The following are some of the discretion of prosecutors:
• Whether or not to file the case in court
• What charges to file.
• Whether or not to decline to prosecute the
arrested party.
• Whether or not to enter into plea-bargaining.
Some of the reasons for prosecutorial rejection or
dismissal of some criminal cases
 • Insufficient evidence that results from a failure
to find sufficient physical evidence that links the
defendant to the offense.

• Witness problem that arise for example, when

a witness fails to appear, gives unclear or DISTINGUISHED:
inconsistent statements, is reluctant to testify,
is unsure of identity of the offender. COURT JUDGE
• Due Process Problems that involves the
violations of the Constitutional requirements for incorporeal entity single entity
seizing evidence and for the questioning of the
accused.
composed of 1 or more indispensable part of
judges the court

3rd Pillar COURT

Lady Justice is an allegorical personification of the cannot exist w/o a judge can exist w/o a court
moral force in judicial systems

 The blindfold represents objectivity, in that justice is

or should be meted out objectively, without fear or
favor, regardless of money, wealth, power, or
identity.
Definition of Terms
 balance scales, represents the weighing of
evidence. Judiciary
 The SWORD symbolizes enforcement and respect,
• It is the branch of the government which is
and means that justice stands by its decision and
vested with judicial power.
ruling, and is able to take action. The fact that the
sword is unsheathed and very visible is a sign that • It is a branch of the government which is
justice is transparent and is not an implement of empowered to interpret, construe and apply
fear. the laws.

As the third pillar, COURT is said to be the Judicial Power

Centerpiece of the criminal justice system.
• The power to apply laws to contests or disputes
concerning legally recognized rights or duties of
COURTS:
and between the state and private persons or
• The court plays a dual role in the Philippine
between individual litigants in cases properly
Criminal Justice System – as participants and
brought before the judicial tribunals.
supervisor of the latter’s process and
dispensation. • Vested in one Supreme Court and such lower
• In its role as participants, the courts courts.
determines for guilt or innocence of the
accused. The court is responsible for the The scope of Judicial Power
trial process.
• To pass upon the validity or constitutionality of
• As supervisor, the court acts as
the law of the state and the acts of other
important guardian of human rights .
branches and department of governments;
 • To interpret and construe them;
• To render authoritative judgments; and
• It also includes the incidental powers necessary
to the effective discharge of the judicial
functions such as the power to punish adjudge
in contempt and issue warrant of arrest after
due process has been observed.
DEFINITION:
Judge
• A public officer so named in his/her commission
and appointed to preside over and to
administer the law in a court of justice.
Venue
• Refers to the geographical limits or the place
where the crime is committed or where any of
its element existed. It is the place where the
action must be instituted and tried.
Jurisdiction
• Derived from the Latin word “juris” and “dico”
meaning I speak by the law
• The power and authority of a court to hear, try
and decide cases.
Kinds of Jurisdiction
• General- when the court is empowered to decide all
disputes which may come before it except those
assigned to other courts.
• Limited- when the court has the authority to hear
and determine only a few specified cases.
• Original- when the court can try and hear a case
presented for the first time.
• Appellate- when the court can try and hear a case
already heard and decided by a lower court,
removed from the latter by appeal.
• Exclusive- when the court can try and decide a case
which cannot be presented before any other court.
• Concurrent- when any of two or more courts may
take cognizance of a case.
• Criminal- Jurisdiction to try a case where there is
punishment or penalty provided by the law.
• Civil- Jurisdiction that exist when the subject matter
is not of criminal nature.
Judicial Hierarchy in the Philippines
The court organization includes the following:
• Supreme Court often referred to as the “Court
of Last Resort”. It renders final judgment on
constitutional and other important issues and
questions of law.
• Court of Appeals – This court generally exercise
appellate jurisdiction over decisions of inferior
courts not otherwise falling within the Appellate
jurisdiction of the Supreme Court.
The court organization includes the following:
• Regional Trial Court – It exercise exclusive
original jurisdiction in civil cases as prescribes in
Sec. 19 Chapter II of the Batas Pambansa
129(Judiciary Act of 1980) and in criminal cases
not within the exclusive and concurrent
jurisdiction of the Sandiganbayan.
• Metropolitan Trial Courts, Municipal Circuit Trial
Courts and Municipal Trial Court – A
Metropolitan Trial Court is created in each
metropolitan area established by law. A
Municipal Circuit Trial Court is established in
each area defined as a municipal circuit,
comprising of one or more cities and/or more
 municipalities. A Municipal Trial Court is created
in each of the Municipalities that are comprised
within a municipal area and a municipal circuit.
• The Metropolitan Trial Court, the Municipal
Circuit Trial Court and the Municipal Trial Courts
have exclusive original jurisdiction among
others, over all violations of city or municipal
ordinances committed within their respective
territorial jurisdiction and all offenses
punishable with imprisonment of not to exceed
four (4) years and two (2) months, or a fine of
not more than four thousand pesos (P4,000)
both such fine and imprisonment regardless of
other impassable accessory or other penalties.
• Shari’a Courts – The Shari’a Courts are
equivalent to Regional Trial Courts but are
found in some provinces in Mindanao where
the Muslim Code on Personal Laws is enforced.
• Sandiganbayan – created under Presidential
Degree No. 1606 pursuant to Section 5, Article
XIII of the 1973 Constitution, is a special court
which has jurisdiction over criminal and civil
cases involving graft and corrupt practices and
other offenses committed by public officers and
employees in relation to their offices.
Five Main Stages of the Proceeding:
1. Arraignment- formal reading of the charges before
the accused in an open court and asking him whether
he pleads guilty or not guilty as charged. Plea is the
answer given by the accused during arraignment.
2. Pre-Trial- a mandatory conference/meeting in a
criminal proceeding called by the judge requiring the
presence of both party. Its purpose is to expedite the
trial of the case.
3. Trial- is the examination before a competent tribunal
of the facts put in issue in a case.
4. Judgment- the adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition of the proper penalty and civil liability, if
any. It must be written in the official language,
personally and directly prepared by the judge and
subscribed by him. It shall contain clearly and
distinctively a statement of the facts and the laws upon
which it is based. It can either be a Judgment of
Conviction or Judgment of Acquittal.
5. Appeal- is the elevation by an aggrieved party or any
decision order or award of a lower court to a higher
body, by means of document which includes the
assignment of errors, memorandum of arguments in
support thereof, and the reliefs prayed for.
Arraignment
Arraignment is the stage where the issues are joined in
criminal action and without which the proceedings
cannot advance further or, if held, will otherwise be
void.
It is the stage of the proceedings whereby the accused
shall be informed of his/her constitutional right to be
(officially) informed of the nature and the cause of the
accusation against him/her and to ask him/her of
his/her plea.
NOTA BENE!!
• IF THE ACCUSED REFUSE TO PLEA DURING
ARRAIGNMENT, THE JUDGE OR CLERK OF COURT
WILL ACCEPT IT ,AND WILL HAVE A PLEA OF NOT
GUILTY FOR THE ACCUSED
Pre-Trial
• plea bargaining;
• stipulation of facts;
• marking for identification of evidence of the
parties;
• waiver of objections to admissibility of
evidence;
• modification for the order of trial if the accused
admits the charge but interposes a lawful
defense; and
• Such matters as will promote a fair and
expeditious trial of the criminal and civil aspects
of the case.
 Then the trial proper comes. The parties shall be
notified before the date of trial. Trial once
commenced shall continue from day to day as far as
practicable until terminated; but for cause, it may
be postponed for a reasonable period of time
(Section 2 Rule 119).
The Trial order
The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his
defense and damages, if any, arising from the issuance
of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the
case shall be deemed submitted for decision unless the
court directs them to argue orally or to submit written
memoranda.
(e) When the accused admits the act or omission
charged in the complaint or information but interposes
a lawful defense, the order of trial may be modified
(Sec.11, Rule 119).
Judgment
• It is the adjudication by the court that the accused is
guilty or not of the offense charged and the
imposition on him of the proper penalty and civil
liability, if any. It must be written in the official
language, personally and directly prepared by the
judge and signed by him and shall contain clearly
and distinctly a statement of the facts and the law
upon which is based.
• Rendition of Judgment- the writing of the judgment
by the judge.
• Promulgation of Judgment- the reading of the
judgment/ the official proclamation or
announcement of the decision of the court (Agpalo,
2004)
• By reading in the presence of the accused and any
judge of the court in which it was rendered.
• If the judge is absent, the judgment may be
promulgated by the clerk of court.
CONTENTS OF JUDGMENT
• Judgment of Conviction
• When the judge finds the accused guilty of the
charges against him.
• The legal qualification of the offense constituted
by the acts committed by the accused and the
aggravating or mitigating circumstances which
attended its commission.
Judgment of Acquittal
• When the judge finds the accused not guilty of
the charges against him.
• Shall state whether the evidence of the
prosecution absolutely failed to prove the guilt
of the accused or merely failed to prove his guilt
beyond reasonable doubt.
New Trial or Reconsideration
 At any time before a judgment of conviction
becomes final, the court may, no motion of
the accused or at its own instance but with
the consent of the accused, grant a new
trial or reconsideration Rule (Sec. 1, 121).
Appeal
• The accused may appeal within 15 days from
the promulgation or notice of the decision
appealed from (Sec. 6, Rule122).
REGLAMENTARY PERIOD:
THE REGLAMENTARY PERIOD FOR PERFECTING AN
APPEL SHOULD BE WITHIN 15 DAYS AFTER THE
PROMULGATION OF JUDGMENT
DISTINGUISHED:

PREPONDERANCE OF PROOF BEYOND

EVIDENCE REASONABLE
DOUBT
WEIGTH OF EVIDENCE WEIGTH OF
EVIDENCE

NEEDED IN CIVIL CASE NEEDED IN

CRIMINAL CASE