CHAPTER III Criminal Justice System

MODULE: Criminology Integration 1 (Criminal Sociology, Ethics and Human
Relation, Correctional Administration)

CHAPTER III
INTRO TO CRIMINAL JUSTICE SYSTEM
Objectives:
In the end of this chapter, the students should be:
 Understand the five pillars in Criminal Justice System

and their functions.
 Familiarize the terms used in our justice process.
Criminal Justice System

The machinery of the state or government which enforces the rules of conduct
necessary to protect life and property and to maintain peace and order.
Teodulo Natividad -introduced CJS in the Philippines
Law - is a system of rules of conduct established by the sovereign government
of a society to correct wrongs, maintain the stability of political and social
authority and deliver justice.
Models of Criminal Justice System

a) Due Process Model
- the person of the accused is presumed innocence until proven guilty
beyond reasonable doubt. It is the duty of the prosecution to prove
that the accused is guilty. Rights of an individual is co-equal with the
safety of the public.
b) Crime Control Model
- the accused is presumed guilty and it is his obligation to prove his
innocence. The most important function of the CJS is the protection
of the public.
CONCEPT OF CJS IN THE UNITED STATES
In the American context is initially made up of three (3) keys components – the
police, the courts, the corrections:
 The POLICE initiates the criminal justice process by the arrest of the
criminal
 The COURT conducts the trial and impose the penalty if found guilty.
 The criminal is remanded to the prison or CORRECTIONS not for the
punishment but for treatment and rehabilitation.
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Different nomenclatures given to the person who is being processed under
the CJS:
At the POLICE stage, during investigation, he is referred to as the SUSPECT.
At the PROSECUTORS OFFICE, during the determination of probable cause or
during the Preliminary Investigation, he is referred to as the RESPONDENT.
At the TRIAL of the case, when a case has been filed in court, he is referred to as
the ACCUSED.
Once the COURT has determined that the accused is guilty beyond reasonable
doubt as charged and the judgment has been rendered, he is referred to as the
CONVICT.
It is only upon undergoing all the process when the person has served the
sentence when he can really be considered as a CRIMINAL.
Philosophies behind the CJS
a) ADVERSARIAL APPROACH
Assumes innocence and the prosecutor has the burden of proof and the
emphasis is given on the proper procedures.
b) INQUISITORIAL APPROACH
Assumes guilt and the accused has the burden of proof and emphasis is
on the conviction of the accused.
FIRST PILLAR: LAW ENFORCEMENT
-police or law enforcement activities which is carried on through
INVESTIGATION of crimes that are reported to or discovered by the police or law
enforcers.
- the initiator of the criminal justice cycle
-Its primary goal if crime prevention.
- Pillar of CJS which is vulnerable/prone to corruption.
Crime Detection
It is the discovery of the police that a crime had been committed. There are
traditional ways that occurrence of crime is made known to the police:
1. When the victim personally reports the crime to the police.
2. When a witness personally reports the crime to the police; and
3. When the police catches an offender while in the commission of a crime.
Crime Prevention
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The elimination of the opportunity for the commission of a crime.
RA 6975 and otherwise known as the Department of the Interior and Local
Government Act of 1990 that enacted on December 13, 1990;
- reorganized the DILG and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail Management and Penology and the
Philippine Public Safety College
RA 8551
It otherwise known as the Philippine National Police Reform and Reorganization
Act of 1998, enacted on February 25, 1998 and this law amended certain
provisions of RA 6975.
R.A. 9708
• Amending the provisions of R.A> 6975 and R.A. 8551 on the minimum
educational qualifications for appointment to the PNP and adjusting the
promotion system, August 12, 2009.
Initial contact
The initial contact with the criminal justice system takes place as a result of a
police actions.
PRESCRIPTION OF CRIME which commence to run from the day on which the
crime is discovered by the offended party, the authorities or their agents (Art 91,
RPC). It is the loss or forfeiture of the State to prosecute an act punishable by law
due to failure to file necessary charges by the offended party, the authorities or
their agents.
Investigation
The purpose of the investigatory stage is to gather sufficient evidence to identify
the suspect and support a legal arrest. The process of investigation includes but
not limited to:
a. Surveillance and observation of suspects
b. Taking of photographs surreptitiously or otherwise
c. Interview of persons with personal knowledge of facts
d. Entrapment suspects
e. Search of premises or persons and seizures of objects, subject to constitutional
and statutory safeguards
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f. Examination of public and other available records pertaining to persons
involved in crimes
Search Warrant
 It is an order in writing issued in the name of People of the Philippines,
signed by the judge and directed to a peace officer, commanding him to
search for personal property described therein and deliver them before the
court.
Doctrine of the Fruit of the Poisonous Tree
 Any evidence illegally obtained is not admissible in any proceeding.
Arrest
 It is the taking of person into custody so that he may be bound to answer
for the commission of an offense.
Custody
 The moment after an arrest is made, the detained suspect is considered
under police custody and is now restricted of his freedom of movement.
The police may wish to search the suspect for weapon or contraband.
CHARGING
 If the arresting officer or his superior believe that sufficient evidence exists
the person is charge with specific crime for which he had been arrested.
REFERRAL
 After the formal investigation has been completed the police has to
referred the investigation report/complaint to the prosecutor’s office,
including the evidences (Physical or documentary proof) and the suspect if
he is in custody
COURT APPEARANCE/DUTY
 The police (investigator or arresting officer) when summon by the court
must appear in court to stand as witness for the prosecution.
OBJECTIVES OF POLICE
1) Crime prevention – the prevention and suppression of crimes have
traditionally been accepted as the primary goal of the local police forces.
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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.
Police Community Relation –
It is defined as the sum total dealings of the police with the people it serves and
whose goodwill and cooperation it craves for to insure the greatest possible
efficiency in the public service.
Police Public Relation –
It is the continuing process by which endeavors are made to obtain the goodwill
and cooperation of the public for the effective enforcement of the law and the
accomplishment of police purpose.
Human Relation – consists of fundamental precepts, both moral and legal which
governs the relationship among men in all aspects of life.
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.
When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
1. When in his presence, the person to be arrested has committed an offense,
actually committing an offense, or is attempting to commit an offense.
(Referred to as the in flagrante delicto rule– caught in the act of committing a
crime
2. 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.
(Referred to as the “Hot pursuit” arrest rule)
3. 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.Referred to as escaped felon rule
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Warrant of Arrest –
 It is an order in writing issued in the name of People of the Philippines,
signed by the judge and directed to a peace officer, commanding him to
arrest a person or persons stated therein and deliver them before the court.
Raid
 It is a surprise invasion of a building or an area. It is an attack on small
scale or a limited territory.
Entrapment
 It refers to the ways and means of capturing or trapping a law violators.
Buy-bust operation – It is a form of entrapment employed by peace officers to
catch a malefactor in flagrante delicto.
Instigation - It is a process by which the instigator practically induces the would
be defendant into the commission of the offense, and himself becomes a co-
principal.
Miranda vs. Arizona, 1966 – “Miranda Rights”, “Miranda Warning”, Miranda
Doctrine
Re-enactment -It is a demonstration by the accused of how the committed the
crime. It is a part of the custodial investigation therefore, assistance of a counsel
if required.
Police line –up – It is not considered part of any custodial investigation and it is
conducted before that stage is reached.
Prosecution Determiner of Probable Cause

 Existence of such facts and circumstances as would excite a belief in a
reasonable mind, acting on the facts within the knowledge of the
prosecutor, that the person charged is guilty of the crime for which he is
prosecuted
 The prosecution arm of the government is generally vested in the
Department of Justice (Administrative code of 1987) under the direction,
supervision and control of the secretary of justice where the interest of the
government is in issue.
 The prosecution service is made up of the Chief State Prosecutor, The
Regional Prosecutors, The Provincial Prosecutors, The City/Municipal
Prosecutors, and such others Prosecutorial offices as may be establish by
law.
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• R.A. 10071, April 8, 2010, “The Prosecution Service Act of 2010 --changed
the title of the head of the NPS from Chief State Prosecutor to Prosecutor General.
• Other Examples of Prosecution Agencies
1. Office of the Solicitor General
(State Prosecutor)
2. Office of the Ombudsman
Private lawyers should also be deemed as part of the CJS Prosecution Pillar
because they already represent the parties (the complainant or the respondent)
in proceedings before the Prosecutors.
Prosecution- It is the course of action or process whereby accusations are
brought before a court of justice to determine the innocence or guilt of the
accused.
Prosecution Process
1. Evaluation of complaint
Complaint – is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer or other public
officer charged of the enforcement of the law violated.
2. Conduct of Preliminary Investigation
Preliminary 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 cognizable by the RTC has been committed and that the respondent
is probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112)
Note:
• The authority of the judges of the Municipal Trial courts and Municipal
Circuit Trial courts to conduct a preliminary investigation was revoked by A.M.
05-8-26-SC
Filing of an Information after finding probable cause
Information - An accusation in writing charging a person with an offense
subscribed by the prosecutor and filed with the court. An affidavit is a statement
of facts under oath.
A subpoena is a process directed to a person requiring him to attend and to
testify at the hearing or the trial of an action. (sec. 01 rule 23, Rules of court)
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INQUEST PROCEEDING
It is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose of determining whether or
not said person should remain under custody and correspondingly be charged in
court.
1. Conducted to a subject who has been arrested without the benefit of
warrant of arrest.
2. The purpose is to determine the VALIDITY OF ARREST and the existence of
probable cause for the filing of criminal information.
Must be conducted following the provisions of Art. 125.
(Afflictive penalities = 36 hrs, Correctional Penalties = 18hrs, Light penalties=
12 hrs.
PRELIMINARY INVESTIGATION
1. Conducted to a subject where the penalty imposed for the crime committed
is AT LEAST 4 YEARS 2 MONTHS AND 1 DAY
Complaint /Sworn statement
Subscribed by: offended party, any peace officer or public officer in charge of
the enforcement of the law violated Filed to the office of the prosecutor/court.
Information
1. Need not be sworn, subscribed by the prosecutor (fiscal), Filed with the
court.
FILING:
Bail – Is the security given for the temporary release of the person in custody
of the law.
Bail may be given in the form of:
1. Property bond – personal or real property serving as lien on the amount
of bail to be paid.
2. Cash deposit
3. Corporate Surety – a corporation serving as a surety for the temporary
liberty of the accused person.
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4. Recognizance – responsible person (known probity) who will guarantee
with court appearance
THIRD PILLAR: COURT (center piece of CJS)

It is an organ of the government belonging to the judicial department
whose function is the application of the laws to controversies brought before it
and the public for the administration of justice.
JUDICIARY
A branch of the government which is vested with judicial power and which
is empowered to interpret, construe and apply the laws.
JUDICIAL POWER
Power to apply the laws to contests or disputes concerning legally
recognized rights or duties of and between the state and the private persons or
between individual litigants in cases properly brought before the judicial
tribunals.
POWER OF JUDICIAL REVIEW
Determine whether laws passed by Congress and acts of the President are
in accord with the Constitution when the matter is raised
JURISDICTION
The power and authority of a court to hear, try and decide cases.
BP 129 otherwise known as the Judiciary Reorganization Act of 1980 .
KINDS OF JURISDICTION:
1) General – when the court is empowered to decide all disputes which may come
before it except those assigned to other courts. (RTC)
2) Limited – when the court has the authority to hear and determine only a few
specified cases. (CTA)
3) Original – when the court can try and hear a case presented for the first time.
(MTC/RTC)
4) Appellate – when the court can try a case already heard and decided by a lower
court, removed from the latter by appeal. (SC/CA/RTC)
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5) Exclusive – when the court can try and decide a case which cannot be
presented before any other court. (SANDIGANBAYAN)
6) Concurrent – when any of two or more courts may take cognizance of a case.
THE FOUR-LEVEL INTEGRATED COURT SYSTEM IN THE PHILIPPINES

FIRST LEVEL COURTS
A. Metropolitan Trial Courts – MTC in Metropolitan Areas as distinguished from
the other political subdivision in Phils. (PMM-EXCEPT Pateros)
B. Municipal Trial Courts (in Cities) (MTCC) – equivalent of MTC in cities outside
Metropolitan Area
C. Municipal Circuit Trial Courts (MCTC) – covers two or more municipalities.
D. Municipal Trial Courts (MTC) – covers one municipality
Jurisdiction:
- Offenses punishable with imprisonment not exceeding six (6) years.
- All violations of city and municipal ordinances.
SECOND LEVEL COURTS
A. Regional Trial Court (RTC) (First Instance)
 composed of several branches, courts of general jurisdiction;
 has jurisdiction over offenses punishable with imprisonment of six
(6) years and one day and over;
 they try and decide not only the particular or kind of cases assigned
to them by law, but also those which are not otherwise within the
jurisdiction of the courts of the first level;
 -has appellate jurisdiction over cases decided by the METC, MTC,
MTCC and MCTC.
 Libel, Intellectual property (R.A 8293)
 (952 courts over the Philippines)
THIRD LEVEL COURT
A. Court of Appeals (CA)
 Composed of 68 Associate Justice and headed by 1 Presiding Justice.
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 It is essentially an appellate court (not a trial court); second highest
tribunal.
 has appellate jurisdiction over cases decided by the Regional Trial Court
Dec. 30, 1996 R.A 8246
 Reviews decision rendered by the CTA
FOURTH LEVEL COURT

A. Supreme Court (SC)
 composed of 1 Chief Justice and 14 Associate Justices
 the highest court of the land
 It is the court of last resort, for no appeal lies from its final
judgments and final orders.
 It exercises appellate jurisdiction over cases decided by the Court of
Appeals or the Regional Trial Courts.
 shall have administrative supervision over all courts
 shall have the power to discipline judges of the lower courts
 shall have the power of judicial review
SPECIAL COURTS
A. COURT OF TAX APPEALS
 created under RA 1125
 composed of a presiding justice and five (5) judges
 It has exclusive appellate jurisdiction to review on appeal decisions
of the Commissioner of the Bureau of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of the
Bureau of Customs involving customs duties.
B. SANDIGANBAYAN
 It is created pursuant to PD 1606 and composed of fifteen (15) Justices (1
PJ & 14 AJ) now twenty-one (21) (1 PJ & 20 AJ)
 Tasked to handle criminal cases involving graft and corruption and other
offenses committed by high- ranking public officers and employees in
connection with the performance of their functions
 RA 3019, RA 1379, RA 7080
 Salary grade 27 and above (C/SUPT.) (87,229.00)
C. SHARIA COURTS
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 Created pursuant to PD 1083, otherwise known as the “Code of Muslim
Personal Laws of the Philippines”
 It is created as part of the judicial system courts of limited jurisdiction
known as the Sharia Courts and presided by District Judges (5) and circuit
judges (55)
In general, the role of the Courts in CJS are the following:

a. Issuance of the Warrant of Arrest
b. Arraignment
c. Conduct of Pre-trial Conference
d. Conduct of Trial
e. Rendition and Promulgation of Judgment
ARRAIGNMENT
It consists of reading the information to the accused and asking him, in
open court whether or not he is guilty of what is alleged against him.
Q: Can an accused send another person as substitute for him to enter his plea?
A: No. The accused must personally enter his plea even he is charged with a light
offense only.
Q: Why is it important that a plea must be entered?
A: To make an issue.
Without an issue, there is nothing to be tried and nothing on which the
judgment and sentence of a court can be properly predicated.
B. PRE-TRIAL (Rule 118 sec. 2A)
- Mandatory requirement in criminal cases.
The goal is to expedite the trial or disposition of cases.
1. Stipulation of facts
2. Marking of evidence
3. Waiver of objections to admissibility of evidence
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4. Modification of order of trial (self-defense)
5. Other matters that will promote a fair and expeditious trial of the criminal and
civil aspects of the case.
Plea Bargaining
The process whereby the accused and the prosecution work out a
satisfactory disposition of the case subject to court approval. It usually involves
the accused pleading guilty to a lesser offense or to only one or some counts of
several charges in return for a lighter penalty.
- Example: Attempted homicide to physical injuries
C. TRIAL
The process by which the offended party represented by the public
prosecutor/private prosecutor presents all their evidence to prove that the
offense charges was committed and the accused will likewise present his
evidence to prove his innocence. No case shall exceed 180 days.
Due process of law - means the right to be heard before it condemns
Evidence – is a means, ascertaining in in a judicial proceeding the truth
respecting a matter of fact.
Factum Probandum – ultimate fact or the fact sought to be established.
CONTENTS OF JUDGMENT
A. JUDGMENT OF CONVICTION
- When the judge finds the accused GUILTY of the charges against him. It
shall include the following:
- The legal qualification of the offense constituted by the acts committed
by the accused and the aggravating or mitigating circumstances which attended
its commission.
-The participation of the accused in the offense, whether as principal,
accomplice or accessory after the fact
-The penalty imposed upon the accused
-The civil liability or damages caused by his wrongful act or omission to be
recovered from the accused by the offended party unless the enforcement of the
civil liability by a separate civil action has been reserved or waived.All person
criminally liable is also civilly liable.
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B. JUDGEMENT OF ACQUITTAL
When the judge finds the accused not guilty of the charges against him. It
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.
PROMULGATION OF JUDGMENT
- It is 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.
A judgment becomes final:
1. When the period for perfecting an appeal has lapsed
2. When the sentence is partially or totally satisfied or served.
3. When the accused expressly waives in writing his right to appeal
4. When the accused applies for probation.
FOURTH: CORRECTION
 It is that branch of administration of criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted
offenders. (CLE Apr 2016). Considered the weakest pillar because of its
inability to reform and rehabilitate convicted offenders. (CLE 2010)
PHILIPPINE PRISON HISTORY
1. Bilibid Prison or the Old Bilibid Prison(1847)
- Located at Oroquieta street, Manila. It was established in 1847 and
formally opened on April 10, 1866 by a Royal decree
2. San Ramon Prison and Penal Farm ( August 21, 1869)
- Established in Zamboanga City, to confine Muslim rebels and intractable
political prisoners opposed to Spanish rule. Composed of 1,414 hectares. Copra
is the main product and first handle Capt. Ramon Blanco, Spanish Royal Army
3. Iwahig Prison and Penal Farm
- It was established by Americans (Gov. Forbes) in November 1904 to
confine incorrigible political prisoners (with little hope of rehabilitation).Formerly
called as The Luhit Penal Settlement and the Prison without walls
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 Tagumpay Settlement (For those would like to settle after serving prison
term)
- 6 hectares homestead lots rewarded for those who will choose to stay.
Iwahig Sub-colonies
 Sta-lucia
 Inagawan
 Montible
 Central
4. National Bilibid Prison (NPB)
Located in Muntinlupa City and It has 587 hectares Lethal injection (R.A. 8177)
facility is located
The NPB consists of the following:
 Main Building
 Camp Sampaguita
 Camp Bukang Liwayway
5. Davao Penal Colony and Farm
Opened in 1932 under Act no. 3732 signed by Gov. Dwight Davis
Located in Tagum, Davao del Norte and TADECO ( Tagum Development Company)
Banana plantation composed of 3000 hectares)
Tanglaw (Light) settlement - 6 hectares homestead lots rewarded for those who
will choose to stay.
- Davao Penal Farm Sub-colonies (PK)
 Panabo
 Kapalong
6. Sablayan Penal Colony
Located in Occidental Mindoro and Established in September 27, 1954
It has 16,000 hectares and main product is Rice.
It has Four Sub-colonies (CPPY)
 Central
 Pusog
 Pasugui
 Yapang
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7. Leyte Regional Prison
Located in Abuyog Leyte. The youngest prison established in Jan. 16, 1973 during
time of Ferdinand Marcos.
8. Correctional Institution for Women (CIW)
Established in November 27, 1929 by virtue of Act 3759 and located in
Mandaluyong City and has a total land area is 18 hectares
NON- INSTITUTIONAL CORRECTIONS
Executive Clemency
 A collective term for absolute pardon, conditional pardon, amnesty,
reprieve and commutation of sentence. Granted by the Chief Executive
Officer (President of the Philippines). Authority of the President of the
Philippines to suspend the execution of a penalty, reduce the sentence and
extinguish criminal liability (CLE Apr 2016)
KINDS OF EXECUTIVE CLEMENCY
1. Pardon
• - an act of grace proceeding from the power entrusted with the
execution of the laws (the president) which exempts the individual on whom it is
bestowed from the punishment the law inflicts for a crime he has committed.
• Extinguishes only criminal liability but not the civil liability.
(recipient of pardon is not exempted from civil liability ) (CLE Apr 2016)
Kinds of Pardon:
A. Absolute Pardon
- The extinction of the criminal liability of the individual to whom it is
granted without any condition and restores to the individual his civil rights.
B. Conditional Pardon
- The extinction of the criminal liability of an individual from the
punishment which the law inflicts for the offense he has committed, within
certain limits or conditions.
2. Amnesty
- An act of sovereign power granting oblivion or general pardon for the
past offense, usually granted in favor of certain classes of persons who have
committed crimes of political
Pres. Manuel Roxas, the first president to give amnesty (CLE Apr 2016).
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Prolamation No. 51 issued on January 28, 1948. Granting amnesty to those
who collaborated with the enemy during WWII.
3. Commutation of Sentence
• - reduction of the sentence, from a heavier sentence to a less serious
one, or from longer prison term to a shorter one. (CLE Apr 2016)
4. Reprieve - temporary suspension of the execution of sentence.
Parole- Operates in accordance with Act. 4103
 A method by which a prisoner who has served a portion/minimum/one-
third of his sentence is conditionally released but remains in legal custody,
the condition being that in case of misbehavior, he shall put back to prison.
 Granted by the Board of Pardons and Parole.
Probation
 Originated from the Latin word “Probatio” which means “testing period”
which has historical roots in the practice of judicial reprieve. (CLE Apr
2016). It is a disposition under which a defendant, AFTER CONVICTION and
SENTENCE, is released subject to conditions imposed by the Court and to
the supervision of a probation officer.
 It operates in accordance with P.D. 968 or the “Adult Probation Law of
1976” and granted by the COURT.
Reintegration - Refers to the phased of reentry of an offender into society rather
than the usual abrupt reentry at the end of a prison sentence
FIFTH: COMMUNITY
 Considered as the INFORMAL pillar of the Criminal Justice System.
 The fifth pillar of CJS includes but is not limited to individuals, private
groups and public entities who when performing or are involved in related
criminal justice activities, become part of the system.
References:
Intro to Criminal Justice System: Fernandez, Nazario Phd

And Gerrry Cano,
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CHAPTER III Criminal Justice System

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CHAPTER III Criminal Justice System

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MODULE: Criminology Integration 1 (Criminal Sociology, Ethics and Human

Relation, Correctional Administration)

 Understand the five pillars in Criminal Justice System

Criminal Justice System

Models of Criminal Justice System

Prosecution Determiner of Probable Cause

THIRD PILLAR: COURT (center piece of CJS)

THE FOUR-LEVEL INTEGRATED COURT SYSTEM IN THE PHILIPPINES

FOURTH LEVEL COURT

In general, the role of the Courts in CJS are the following:

Intro to Criminal Justice System: Fernandez, Nazario Phd

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