CJS Rev

CRIMINAL JUSTICE SYSTEM
ATTY.RUTCHEL G. HECHANOVA-ESPINOSA
Lecturer
DEFINITION
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.
A. 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:
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
B. OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING
1. LAW ENFORCEMENT
1.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.
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.
• Which of the pillars of Philippine Criminal

Justice is the _“prime mover”?
a. Police Pillar
b. Prosecution Pillar
c. Court Pillar
d. Correction Pillar
e. Community Pillar
• Which of the pillars of Philippine Criminal Justice is

the _ “investigator/state representative?
a. Police Pillar
c. Court Pillar
e. Community Pillar

the _ “center pillar”?
a. Police Pillar
c. Court Pillar
e. Community Pillar

the _ ““reformer” pillar”?
a. Police Pillar
c. Court Pillar
e. Community Pillar
•Which of the pillars of Philippine Criminal Justice is the _

“base pillar”?
a. Police Pillar
c. Court Pillar
e. Community Pillar
Nota Bene*
•The superstar in the CJS? (CRIMINAL)
•The forgotten person in the CJS? (VICTIM)

BOARD QUESTIONS:
What does the __

symbolizes in the
context of the
criminal justice
system?
1. The lady justice - divine

rightness of law
2. The balance - truth and
fairness
3. The sword - power of reason
4. The blindfold -
IMPARTIALITY!
5. What do you call the

hammer look like used by the
judge to open/close court
session or maintain order
inside the court?
Answer-Mallet or Gavel
C. IMPORTANCE OF STUDYING THE CJS
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.
THE LAW ENFORCEMENT PILLAR
In the Philippine setting, the first pillar

of consists of the police. The primary
police agency that symbolizes the law
enforcement pillar is the Philippine
National Police (PNP). To understand
how the PNP evolved as the leading law
enforcement agency, the evolution of
police service in our country might be
able to help you.
A. EVOLUTION OF THE PHILIPPINE POLICE SERVICE
1. Spanish Regime
Policing during the Spanish Regime was inherently a part of the military system. The locally
organized police forces, although performing civil duties and seemingly created for the sole
purpose of maintaining peace, were in fact directly commanded by the colonial military
government. (Tradio
Police functions at this time involve the following:
a.suppression of brigandage by patrolling unsettled areas

b.detection of local or petty uprising
c.enforcement of the tax collection, including church revenues
Police forces organized during the Spanish regime were:
a.Carabineros de Seguridad Publico (Mounted Police): This was organized in 1712 for the purpose of
carrying out the policies of the Spanish government. Carabineros were armed and
considered as the mounted police. Later, they discharged the duties of a port, harbor, and river
police.
b.Guardrilleros: This was a body of rural police organized in each town that was created by the Royal
Decree of January 8, 1836. This police force was composed of 5% of the able-bodied
male inhabitants of each town or province, and each member should serve for at least 3 years.
c.Guardia Civil: This was the police organization created by the Royal Decree issued by the Spanish
Crown government on February 12, 1852. It relieved the Spanish Peninsular Troops of their
works in policing towns. It consisted of a body of Filipino policemen organized originally in
each of the provincial capitals of the central provinces of Luzon under the command of Alcalde
(Governor).
2. Japanese Occupation
The Japanese Military Police known as “Kempetai”

was held responsible in maintaining peace and
order in Manila.
3. American Occupation
The first American occupation in

the Philippines that came after the
Filipino-American War (1898 to
1901) was followed by a period of
political ferment and social
imbalance.
a. Insular Police Force was established on Nov. 30, 1890 during

the Filipino-American war (1898-1901) upon the recommendation
of the Philippine Commission to the Secretary of War.
b. Another Insular Police Force was created on JULY 18, 1901 by

virtue of ACT # 175, titled as "AN ACT PROVIDING FOR THE
ORGANIZATION AND GOVERNMENT OF AN INSULAR
CONSTABULARY".
c. Manila Police Department was organized on July 31, 1901 by

virtue of Act # 183 of the Philippine Commission. The 1st Chief of
Police was Capt. George Curry.
d.The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by
virtue of Act # 255. Capt. Henry T. Allen was the 1st Chief of the Philippine
Constabulary. The PC was manned mostly by Filipinos but officers were mostly
Americans.
e.Revised Administrative Code of 1917 was approved a year before World War I
(August 1914 to November 1918) ended. In section 825 of this law, it stated that
the Philippine Constabulary is a national police institution for preserving the peace,
keeping order and enforcing the law.
f.In November 1938, Act # 181 required the creation of a Bureau of Investigation.
This agency should be the modification of the Division of Investigation (DI) from the
Department of Justice. Finally, on June 19, 1947, RA 157 was enacted which
created the National Bureau of Investigation.
4. Post World War II
c.On September 18, 1966, Republic Act # 4864 otherwise known as Police Act of 1966 was
enacted. The law created the office of the Police Commission (which was later called
National Police Commission) under the Office of the President. Originally, the POLCOM
was created as a supervisory agency to the PC. Its function is to oversee the training and
professionalization of the local police forces. Through this law, reformation and
professionalization of the police service gained official recognition.
d.On Aug. 8, 1975, Presidential Decree # 765 was enacted and stipulated that the office of
the NAPOLCOM should be under the office of the Ministry of National Defense. It defined
also the relationship between the Integrated National Police and the Philippine
Constabulary. This was in compliance with the provisions of Section 12, Article 15 of the
1973 Philippine Constitution.
4. Post World War II
e.On December 13, 1990, Republic Act # 6975 was approved by then President
Corazon Aquino. This law is known as the DILG Act of 1990 and but it is also
recognized as The PNP Law of 1991. This law created the Philippine National
Police and declared it to be the only police force of the country with national scope
and civilian in character.
f.On February 25, 1998, the provisions of Republic Act # 6975 concerning the PNP
were amended when Republic Act # 8551 was approved by President Fidel
Ramos. RA # 8551, known as the PNP Reform and Reorganization Act of 1998,
reorganized the PNP for the purpose of reforming or professionalizing it.
B. DEFINITION OF LAW ENFORCEMENT
Law enforcement may refer to the policing body of the society or

the police force created by the government.
Law enforcement, used in another perspective, is the process of

implementing the laws enacted by the legislative body of the national
and local government for the purpose protecting the life, rights and
properties of the people while maintaining the peace and order in the
society. Law enforcement, as an activity, is therefore synonymous to
police operations.
B. DEFINITION OF LAW ENFORCEMENT
Law Enforcement operations encompass the following: Prevention

of crime, Repression of criminal activities, Preservation of peace and
order, Protection of life and property, Enforcement of laws and
ordinances, Regulation of non-criminal conduct, Apprehension of
criminals, Prompt execution of the criminal processes of the courts,
Coordination and cooperation with other law enforcement agencies,
Safeguarding health and public morals
C. POLICE FUNCTIONS
1. Investigating crimes
2. Filing charges against perpetrators/offenders
3. Assisting the prosecution in the trial of criminal cases
4. Collecting, preserving, keeping and presenting physical evidences to the courts
5. Aiding and evaluating victims of criminal attacks
6. Testifying in courts in any criminal prosecution

C. POLICE FUNCTIONS
7. Apprehension of law-violators
8.Providing necessary services in the reformation of convicted offenders
9.Assisting in the amicable settlement of minor civil or criminal cases

particularly in the damages and indemnifications
10.Providing protection and security to complainants or witnesses who are

subject to criminal harassment
11.Delivering of notices to witnesses
12.Effecting court orders to suspected offenders and hostile witnesses

When a crime is committed, how does it

reach the attention of the police?
1.When witnesses or concerned citizens

report a criminal incident
2.When the offended party files a criminal

complaint
3.By the spontaneous action or self-initiation

of the directly concerned Law Enforcement
agencies
Upon knowing that a crime has been committed, how should the police respond?
The following steps provide a scenario that is usually adopted in dealing with
crimes.
1.Proceed at the crime scene ASAP.

2.Arrest the perpetrators if they are still present at the crime scene.
3.Protect the crime scene.
4.Conduct crime scene search. In searching the crime scene for
evidences, you can choose from these different search methods:
Point-to-point search, Strip search, Grid or double strip search,
Spiral/circular search, Wheel search, Zone/quadrant/sector search
5.Seize contrabands or weapons under the possession of suspects.
6.Interview victims and witnesses.
7.Get the deposition (statement) of the suspect/s, victim/s, and
witness/es.
8.File the appropriate case against the suspect/s.
THE PROSECUTION PILLAR
A.CONCEPT OF PROSECUTION
1.Prosecution may refer to the agency responsible in presenting the

government’s position in criminal cases and evaluating evidences
presented by the law enforcement.
2.Prosecution is the legal process/method by which an accusation is

brought to the court (or any judicial and quasi-judicial body) for proper
adjudication/arbitration (settlement)
B.PROSECUTION AGENCIES
1.Government agencies
a.National Prosecution Service
b.Office of the Solicitor General (State Prosecutor)
c.Office of the Ombudsman
d.Office of the Regional State Prosecutor
e.Office of the Provincial, City, and Municipal Prosecutors
f.Public Attorneys Office
2.Non-Government prosecuting agencies

IBP – CLAO – FLAG – MABINI - Other legal-aid lawyer associations
Attorneys in private practice should be deemed a part of this CJS component.

They represent the parties (complainant and respondent) in proceedings before the
public prosecutors.
C.FUNCTIONS OF THE PROSECUTION AGENCIES
The prosecution service has the following general functions:
1.Evaluate the police findings referred to them, or other complaints filed

directly with them by individual persons ;
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.
D.WHO IS A PROSECUTOR?
1.A Prosecutor is a public officer having an authority to conduct legal

actions concerning the complaint filed at his office and perform other
prosecution functions as provided by law.
2.The Prosecutor is not just an ordinary official of the government; he is

an officer of the court whose criminal responsibility under the law is to
carry out the administration of the CJS thru an adequate examination
of the offense charged and to decide whether or not to prosecute a
person without sacrificing fairness and justice.
The Prosecutor has a dual function/duty:
1.As a Prosecutor per se: Basically, the Prosecutor represent the

governments position in a criminal case during court proceedings
from the time of the suspect’s arrest until the adjudication of his case.
2.As the chief law enforcement officer: The Prosecutor has the inherent
responsibility to supervise all criminal cases under investigation by
the local police force as well as non-prosecution police-oriented
activities.
E.THE PROSECUTION PROCESS
1.Filing of Complaint
Complaint is legally defined as a sworn written statement charging

a person with an offense, subscribed by the offended party, any peace
officer or other public officer charged with the enforcement of the law
violated. (Sec. 3, Rule 110, RRC)
E.THE PROSECUTION PROCESS
2. Preliminary Investigation
Preliminary Investigation refers to an inquiry or proceeding for the
purpose of determining whether there is a sufficient ground to
engender a well-founded belief that a crime has been committed and
that the suspect/respondent is probably guilty thereof, and should be
held for trial. (Sec. 1, Rule 112, RRC)
Officers authorized to conduct Preliminary Investigation:

a.Provincial or City fiscals and their assistants
b.Judges of the MTC and the MCTC
c.National and Regional state prosecutors
d.Such other officers as may be authorized by law
INQUEST is an informal
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 the
person should remain under
custody and correspondingly
be charge in court.
3.Filing of Information
Information is defined as an accusation in writing charging a
person with an offense subscribed by the prosecutor and directly filed
with court. By definition, it is only the prosecutors authorized to file
information document to the court.
4.Arraignment
Arraignment is the stage of criminal proceeding purposely done to
determine the identity of the accused in the court (Sec. 1, Rule 116)
5.Filing of Bail
Bail refers to the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any court
as required under the conditions specified by the court. (Sec. 1, Rule 114)
Bail that maybe posted by the accused maybe in form of:
a.Cash Deposit – the money that is deposited in cash with the nearest collector of internal
revenue or to the local treasurer by the accused person or any person acting in his/her own
behalf
b.Corporate Surety – a bond subscribed jointly by the accused and an officer duly authorized by
the board of directors of any domestic or foreign corporation licensed as a surety provider in
accordance with law and currently authorized to act as such
c.Property Bond – an undertaking constituted as a lien on the real property given as security for
the amount of bail
d.Recognizance – a written promise to appear in court during any legal proceeding conducted
for the purpose of trial or any judicial proceeding of a case under investigation
6.Detention (Preventive Imprisonment)
Detention is the act of restraining one’s liberty. Detention maybe

applied to:
a.accused persons who cannot post bail while their case is under
trial or investigation;
b.accused persons who are waiting for the court’s decision of their
case; and
c.minors and insane people who need police custody for security or
protection purposes.
THE COURTS PILLAR
A.THE CONCEPT OF COURT
In a democratic and republican government, the powers of

government are distributed among three branches: the legislative, the
executive and the judiciary. The legislative power is vested to the
Congress, which is composed by the Senate and the House of
Representatives in national level. The executive power is vested to the
office of the President and his cabinets. The judicial power is vested to
the Supreme Court and in such lower courts as may be established by
law.
THE COURTS PILLAR
The court is a body to which the public administration of justice is

delegated. It is a tribunal officially assembled under authority of law at
the appropriate time and place for the administration of justice thru
which the government enforces its sovereign rights and powers. The
court is an entity or body in which a portion of judicial power is vested.
Courts are judicial tribunals engaged in the administration (or

dispensation) of justice. They exist in every civilized country to resolve
and end disputes in accordance with law – peacefully, in an orderly
manner, authoritatively, definitely and finally.
THE COURTS PILLAR
A. MEANING OF JUDGE
The Judge is a public officer so named in his commission (written
evidence of appointment) and appointed to preside over and to administer
the law in a court of justice.
Court and Judge distinguished:
Court Judge
1. Incorporeal . entity 1. Single entity
2. Composed of 1 or more judges 2. Indispensable part of the court
3. Cannot exist without a judge 3. Can exist without a court
C.THE CONCEPT OF JUSTICE
THE COURTS PILLAR ADMINISTRATION
Determination of the relevant facts is

accomplished by reception of the evidence of the
parties involved in the controversy, and its
assessment by the judge to discover what are the
facts thereby established.
Application of the law to the facts (thus

established by the evidence) connotes: the
ascertainment and confirmation of what the law
provides in light of the facts proved, and the
pronouncement by the judge in accordance
therewith of which of the parties is in the right, and
what are their specific rights and responsibilities
with respect to each other. That pronouncement
must be made clearly and definitely, leaving no
issue unresolved, in line with the purpose of courts,
which is to put an end to disputes.
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D.THE CONCEPT OF JUDICIAL POWER
Judicial power is the power to apply the laws of the land to contests or
disputes concerning legally recognized rights or duties between:
1.the government and private persons;

2.individual parties/litigants in cases brought before the courts.
THE COURTS PILLAR
Judicial power is vested to the Supreme Court and in such inferior courts
as may be established by law. As defined by Justice Conception, judicial
power is the authority to settle justifiable controversies or disputes involving
rights of justice, or the redress of wrongs for violations of such rights.
What is the scope of Judicial Power?

Judicial power includes the following:
1.To pass upon the validity or constitutionality of existing laws, rules and
regulations
2.To interpret and construe laws that are already enacted
3.To render authoritative judgment
4.To exercise other incidental powers necessary to effectively discharge other
judicial functions
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E.THE CONCEPT OF JUDICIAL INDEPENDENCE
Judicial Independence is the freedom of the court to settle legal

controversies or disputes “with an impartial eye and an even hand”,
and bowing to no one except the law. It is the freedom of the judges to
perform their functions without interferences from the executive or
legislative branch of the government.
THE COURTS PILLAR
F.THE CONCEPT OF POWER OF JUDICIAL REVIEW
The Power of Judicial Review is the power of the courts, ultimately

of the Supreme Court, to interpret the Constitution and to declare any
legislative or executive act invalid because it is in conflict with the
fundamental law.
THE COURTS PILLAR
G.THE CONCEPT OF PRELIMINARY INVESTIGATION
As conducted by the Judge, preliminary Investigation 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. (Section 1, Rule
112, RRC)
THE COURTS PILLAR
H.BASIC COURT SYSTEM IN THE PHILIPPINES

- A Four Level Hierarchy
In the Philippines, the regular courts engaged in the administration

of justice are organized into four (4) levels or tiers. At the highest level
is the Supreme Court and below it are the three levels composing the
lower courts. They are collectively known as the Judiciary. As thus
organized, they comprise what is referred to as the Integrated Judicial
System.
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THE COURTS PILLAR
J. JURISDICTION AND VENUE OF TRIAL
In the sense that administration of justice has been described, it is substantially

the same as jurisdiction of courts. Jurisdiction is the power and authority of a
court to hear, try, and decide a case. Jurisdiction of the court maybe general,
limited, original, appellate, exclusive, concurrent, criminal, and civil.
To try or hear a case simply means to receive evidence from the parties
(including their arguments), according to fixed rules. To decide or determine a
case means to resolve the dispute by applying the law to the facts (established
by the evidence), supra.
The Venue refers to the place where a case should be heard, tried, and decided.
THE COURTS PILLAR
K. DECISION DEFINED
Decision is the judgment rendered by a court of justice or other competent

tribunal after the presentation of the respective positions of the parties in ordinary
or criminal cases or upon a stipulation of facts upon which the disposition of the
case is based.
Maximum periods for rendering of decisions:

By constitutional mandate, the various courts must decide or resolve a case
or matter thereto within the following periods from the date of submission.
1.for the SC – within 24 months
2.for the CA and other collegiate appellate courts – within 12 months unless
reduced by the SC
3.for the Lower courts (Inferior Courts) – within 3 months unless reduced by the SC
THE COURTS PILLAR
Stare Decisis Rule - “to abide by” or “adhere to” cases already decided by the court
to ensure stability
Trial Courts vs Appellate Courts

 Trial courts - hear factual evidence of the case and decide issues of fact
- decision must be made by a judge
 Appellate court - do not try the facts of the case but tries the findings of the lower
courts
- may affirm or reverse the lower court’s decision
Judicial Power - the right to determine actual controversies arising between

litigants, duly instituted in courts of proper jurisdiction.
THE COURTS PILLAR
DIFFERENT COURTS IN THE PHILIPPINES
1. The Supreme Court – It shall be composed of a Chief Justice and fourteen (14)
Associate Justice and may sit either en banc or its discretion, in division of three,
five or seven members. Any vacancy shall be filled within ninety days from
occurrence thereof (Sec. 4, par. (1), Art. VIII, New Philippine Constitution (1987)
The Supreme Court shall have administrative supervision over all courts and
the personnel thereof (Sec. 6, Art. VIII, ibid) Likewise the Supreme Court an
banc shall have the power to discipline judges of lower courts on order their
dismissal by a vote of a majority of the Members who actually took part in the
deliberation on the issues in the case and voted thereon. (Sec. 11, Art. VIII, ibid)
THE COURTS PILLAR
1. The Supreme Court
Powers of the SC (Art. VIII, Section 5)

 Exercise original jurisdiction over case of affecting ambassadors, other public
ministers and consuls, and other petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
THE COURTS PILLAR
1. The Supreme Court
Powers of the SC (Art. VIII, Section 5)

 Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or
the Rules of Court may provide, final judgments and other lower courts in:
a)All cases in which the constitutionality or validity of any treaty, international

or executive, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
THE COURTS PILLAR
b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
c) All cases in which the jurisdiction of any lower court is in issue.
d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e) All cases in which only an error or question of law is involved.
f) Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment should not exceed 6 months without the
consent of the judge concerned.
g) Order a change of venue (place of trial) to avoid miscarriage of justice.

THE COURTS PILLAR
h) Promulgate rules concerning the protection and enforcement of constitutional

rights, pleading, practice, and procedure in all courts, the admission to the practice
of law, the Integrate bar, and legal assistance to the underprivileged.
Such rules provide a simplified and inexpensive procedure for the speedy
disposition of cases and it is uniform for all courts of the same grade, and it does
not diminish, increase, or modify substantive right. Rules of procedure of special
courts and quasi-judicial bodies remain effective unless disapproved by the SC.
i) Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.
THE COURTS PILLAR
2.Court of Appeals – it shall be composed of a Presiding Justice and fifty

Associate Justices who shall be appointed by the President of the
Philippines (Sec. 3, B.P. Blg. 129 as amended by Exec. Order No. 33)
Jurisdiction of the CA
a) Original jurisdiction to issue writs of mandamus, prohibition, habeas corpus,
and quo warranto, and an auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction;
b) Exclusive original jurisdiction over actions for annulment of judgments of

RTCs; and
THE COURTS PILLAR
2.Court of Appeals
c) Exclusive appellate jurisdiction over all final judgments, decisions,

resolutions, orders or awards of RTCs and quasi-judicial agencies,
instrumentalities, boards or commissions, including the Securities and
Exchange Commission and the CSC, except those falling within the
appellate jurisdiction of the SC in accordance with the constitution, the Labor
Code of the Philippines (PD442 as amended), and the provisions of BP 129.
THE COURTS PILLAR
3.Regional Trial Courts
Composition of the RTC:

There are 720 Regional Trial Court Judges in the Philippines coming from
every region in the country.
THE COURTS PILLAR
3.Regional Trial Courts
Jurisdiction of the RTC in criminal cases: RTCs exercise exclusive original

jurisdiction in all criminal cases not within the exclusive jurisdiction of any court,
tribunal or body, except those now falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan that is exclusively taken cognizance of by the
latter.
THE COURTS PILLAR
Jurisdiction of the RTC in criminal cases:
Appellate jurisdiction: RTCs exercise appellate jurisdiction over all cases decided
by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts in their respective territorial jurisdictions.
Territorial Jurisdiction: The RTC exercises its jurisdiction within the area defined by
the Supreme Court as the territory over which the particular branch concerned
exercises its authority, in accordance of Section 18 of BP 129.
THE COURTS PILLAR
4.Sandiganbayan – a Special Court tasked to handle criminal cases

involving graft and corruption and other offenses committed by public
officers and employees to connection with the performance of their
function or the so-called service-connected duties. The Sandiganbayan
was created under Presidential Decree 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 offences committed by public officers and employees
in relation to their offices.
THE COURTS PILLAR
5.Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court – a Metropolitan
Trial Court is created in each metropolitan area established by law. A Municipal Circuits 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 not 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 (4000) both such fine and imprisonment regardless of
other imposable accessory or other penalties.
THE COURTS PILLAR
Jurisdiction of MeTCs, MTCs, and MCTCS:
a) Exclusive jurisdiction over all violations of city or municipal ordinances committed

within their respective territorial jurisdiction. (As amended by RA 7961)
b) Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding 6 years irrespective of the amount of fine, and regardless of other imposable
accessory of other penalties, including the civil liability arising from such offenses or
predicated thereon, irrespective of kind, nature, value or amount thereof. Provided,
however, that in offenses involving damage to property through criminal negligence, they shall
have exclusive original jurisdiction thereof. (As amended by RA 7961)
Provided, however, that in offenses involving damage to property through criminal
negligence, they shall have exclusive original jurisdiction thereof. (As amended by RA 7961)
THE COURTS PILLAR
6.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.
THE COURTS PILLAR
Trial Courts Special Courts Review Courts

Municipal Circuit Trial Court Sandiganbayan Regional Trial Court
Municipal Trial Court Court of Tax Appeals Court of Appeals
Metropolitan Trial Court Supreme Court
Regional Trial Court
THE COURTS PILLAR
When can the SC order a change of venue (or place of trial)?
The SC can order a change of venue or place of trial whenever

the imperative of securing a fair and impartial trial or of preventing
a miscarriage of justice so demands.
THE COURTS PILLAR
When can the SC order a change of venue (or place of trial)?
The SC can order a change of venue or place of trial whenever

the imperative of securing a fair and impartial trial or of preventing
a miscarriage of justice so demands.
THE CORRECTION PILLAR
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.
CORRECTIONS defined:
1.Corrections is one branch of criminal justice concerned with the custody,
supervision, and rehabilitation of convicted offenders.
2.As a process, Correction refers to the reorientation or re-instruction of the

criminal offender in order to prevent him/her from repeating his deviant or
delinquent actions. In correcting the deviant behavior of the offender, the process
does not consider the necessity of taking punitive actions.
3.It is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of alleged offenders (Allen and
Simonsen, Corrections in America).
PRISON defined:
1.Prison is synonymous with penitentiary; a classical place of torture and extreme
hardship. (Traditional description)
2.It is an institution for the incarceration of persons convicted of major/serious

crimes.
3.It may refer to a building or other place established for the purpose of taking
safe custody or confinement of criminals or others committed by lawful authority.
JAIL defined:
1.A Jail is a place for locking-up persons who are convicted of minor offenses or
felonies.
2.It refers to a local or temporary place for confinement of criminal offenders, as

distinguished from prison.
3.It is a facility purposely designed for detaining or confining persons who are
awaiting trial and who are already convicted but suffering short term of
imprisonment.
PUNISHMENT defined:
Punishment is the penalty imposed for the transgression of law. It refers to any ill
suffered in consequence of wrongdoing. There are two (2) major goals of
punishment:
1.to inflict deserved suffering on evil doers; and

2.prevention of crime
PENALTY defined:
Penalty refers to the consequences (such as suffering or loss) that follow the
transgression of laws. Strictly speaking, it is the judicial punishment for crime or
violation of a law.
IMPRISONMENT defined:
Imprisonment refers to the state or condition of being constrained,

restrained, or incarcerated in confined room or building. It is actually a form
of conventional punishment of criminal offenders. There are three (3)
traditional purposes of Imprisonment.
1.To insure the presence of the accused during trial

2.To administer punishment by confinement or incarceration
3.To secure the society from being molested by undesirable characters.
B. Legal Bases of Correctional Administration in the Philippine Setting

Based on the 1987 Philippine Constitution:
1.The State values the dignity of every human person and guarantees full
respect for human rights (Sec. 11, Art. II)
2.No person shall be detained solely by reason of his political beliefs and
aspirations (Sec. 18 (1), Art. III)
3.No involuntary servitude in any form shall exist except as a punishment

for a crime whereof the party shall have been duly convicted (Sec. 18, (2),
Ibid.)
4.Excessive fines shall not be imposed, nor cruel, degrading punishment or

inhuman punishment inflicted. x x x (Sec. 19 (2), Ibid.)
5.The employment of physical, psychological, or degrading punishment

against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law (Sec.
19, (2), Ibid.)
According to the Revised Penal Code, no felony shall be punishable by

any penalty not prescribed by law prior to its commission. (Art. 21 RPC)
Probation Law (P.D. No. 968) states that:
1.one of the major goals of the government is to establish a more

enlightened and humane correctional system that will promote the
reformation of offenders and thereby reduce the incidence of recidivism;
2.- the confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial
resources of the country; and
3.- there is need to provide a less costly alternative to the imprisonment of
offenders who are likely to respond to individualized, community-based
treatment programs.
C. Correctional Agencies in the Philippines

a.Agencies engaged in institutional corrections
a.Bureau of Corrections
b.Provincial Jails
c.Bureau of Jail Management and Penology
b.Agencies engaged in non-institutional corrections

a.Parole and Probation Administration (PPA)
b.Board of Pardons and Parole
c.Department of Social Welfare and Development (Bureau of Child and
Youth Welfare)
D. FORMS OF PUNISHMENT
1.Death penalty – capital punishment

2.Imprisonment – the legal process of confining the offenders in prison for
the purpose of protecting the public and at the same time
rehabilitating them while undergoing institutional treatment
program.
3.Destierro (banishment/exile ) - the penalty of banishing a person from
the place where he committed a crime, prohibiting him to get
near or enter the 25 km.-perimeter.
4.Fine or compensation
5.Civic duties
E. DURATION OF PENALTIES
1.RECLUSION PERPETUA - imprisonment of more than 20 years; maximum
imprisonment of 30 years; the prisoner (convict) may apply for executive
clemency (pardon) unless he is disqualified by law
2.RECLUSION TEMPORAL - imprisonment of 12 years and 1 day to 20 years
3.PRISION MAYOR - imprisonment of 6 years and 1 day to 12 years
Temporary disqualification
4.PRISION CORRECTIONAL - imprisonment of 6 months and 1 day 6 years
Suspension and Destierro
5.ARRESTO MAYOR - imprisonment of 1 month and 1 day to 6 months
6.ARRESTO MENOR - imprisonment of 1 day to 30 days
7.BOND TO KEEP THE PEACE or FINE - the amount of fine to be imposed is
discretionary with the court
F. The DEATH PENALTY
CAPITAL OFFENSE or HEINOUS CRIME is an act, which under the existing

law at the time of its commission, may be punished by death (although a lower
penalty than death maybe imposed after conviction). Death penalty was re-
imposed as a form of punishment for heinous crime by virtue of RA # 7959,
otherwise called the Death Penalty Law approved in January 2, 1994. When RA #
8177 (The Lethal Injection Law) was enacted, the execution of death penalty was
changed from electrocution to lethal injection. Crimes punishable by death
include:
Treason – Murder - Qualified piracy – Kidnapping - Drug trafficking - Aggravated
Rape - Robbery w/ homicide or rape - Destructive Arson
Cases in which Death Penalty shall not be imposed:

1.If the guilty party is over 70 years old
2.If the death penalty imposed by the lower court is not affirmed by the Supreme
Court
3.If the offender is under 18 years of age at the time of the commission of the
crime.
Instances when the execution of the Death Penalty is suspended:

1.If the convict reached the age of 70
2.If the convict is a pregnant woman
3.If the convict becomes insane or is an imbecile
Question: Is RA 7659 applicable today?

a. Yes b. No
c. May Be d. It depends
Death penalty was re-imposed as a form of punishment for heinous crime by virtue
of ________, otherwise called the Death Penalty Law approved in January 2,
1994?
a. RA 8353 b. RA 3019
c. RA 8177 d. RA 7659
G. JAIL and PRISON Organization in the Philippines
1. NATIONAL or INSULAR PRISONS - administered by the Bureau of Correction

a. New Bilibid Prison (NBP) - originally referred to as National Bilibid Prison
b. Penal Colonies/Territories - prison territories distant from the NBP controlled by

the Bureau of Corrections, such as:
San Ramon Prison and Penal Farm (Zamboanga)
Iwahig Penal Colony (Palawan)
Davao Penal Colony (Central Davao)
correctional institution for women (Mandaluyong)
Sablayan Penal Colony and Farm (Occidental Mindoro)
2. PROVINCIAL JAILS - jails that are supervised and controlled by the provincial
government with in its jurisdiction.
3. CITY/MUNICIPAL JAILS - jails that are administered (supervised and controlled) by

the BJMP
H. The PHILIPPINE JAIL SYSTEM
Types of Jails:
1.Lock-up - a security facility, common in police stations or precincts

in urban areas (cities) for temporarily detaining those persons being
held for investigation or waiting hearing of their criminal cases.
2.Ordinary Jail - the type of jail commonly found in every

municipality or city; houses offenders awaiting court trial and those
convicted offenders who are serving their sentence of imprisonment
that does not exceed 3 years; place where juvenile offenders and the
mentally insane people are usually detained while their transfer to
other institutions are pending.
3.Work House, Jail Farm Or Camp - a facility that houses minimum

custody offenders who are serving short sentences; inmates
undergo constructive work programs; provides full employment of
prisoners, remedial services and constructive leisure time activities.
Classification of Jail Prisoners:
1.Detention prisoners - those detained for investigation, hearing, or

trial
2.Sentenced prisoners - offenders who are committed to the

jail/prison to serve their sentence after final conviction by a
competent court
3.Prisoners who are on safekeeping - includes non-criminal

offenders who are detained in order to protect the community,
example: insane persons
Classification of Prisoners according to Degree of Security:
1.Super-Maximum Security Prisoners - special group of prisoners

composed of incorrigible, intractable, and highly dangerous persons who
are the source of constant disturbance even in maximum security
institutions; wear orange uniforms and compose the 2% of NBP population
2.Maximum Security Prisoners - the group composed of chronic trouble-

makers but not as dangerous as the super maximum security prisoners;
their movements are restricted and they are not allowed to work outside
the institution but rather assigned to industrial shops within the prison
compound; they wear orange uniforms and they occupy the NBP main
building.
3.Medium Security Prisoners - prisoners who cannot be trusted in

open conditions and pose lesser danger than maximum security
prisoners in case they escape; a group of prisoners who maybe
allowed to work outside the fence/walls of the penal institution under
guard or with escorts; occupy Camp Sampaguita (Medium Security
Institution); they are employed as agricultural workers and they wear
blue uniforms
4.Minimum Security Prisoners - group of prisoners who can be

reasonably trusted to serve their sentence under "open conditions";
they can be trusted to report to their work assignments without the
presence of guards; they occupy Camp Bukang Liwayway and they
wear brown uniforms.
I. EXTINCTION OF CRIMINAL LIABILITY
Conditions for the total extinction of criminal liability are: Death

of the convict, Service of sentence, Absolute Pardon, Amnesty,
Prescription of crime, Prescription of penalty, Marriage of the
offended party to the offender (in good faith),
Conditions for the partial extinction of criminal liability are:

Conditional Pardon, Commutation of Sentence, Probation, Parole,
Good Conduct Time Allowance
THE COMMUNITY PILLAR
Prevention and control of crime is not the sole duty and

responsibility of the government - it is also the responsibility of the
community. It includes private persons, private groups, and public
entities.
The community could either be in the form of bad or good

neighborhood. Bad neighborhood refers to areas or places in which
dwelling or housing conditions are dilapidated, unsanitary, and unhealthy.
These traits are detrimental to the moral, health, and safety of the
populace. Bad neighborhood is usually packed with poor, disintegrated
and unorganized inhabitants. Most inhabitants are experiencing economic
difficulties, alcoholism, substance abuse, gambling and many other
problems in life. This connotes that bad neighborhood is the home of bad
elements of society because the environment is very conducive for the
commission of crimes.
The Community also consists of the existing social institutions such as

the family, school, church, mass media, and NGOs.
1. The FAMILY
The Family refers to the basic social group united through bonds of kinship or
marriage, present in all societies. It is the primary institution that molds a child to
become a law-abiding person or a delinquent.
The Home is the place of one’s affections, peace, or rest. It is the home where
the family resides. The home is one of the most basic but most influential
environments that lead a person to become a law-abiding citizen or the opposite –
a criminal. It is said that the home is the cradle of human personality, for it where
the child develops his fundamental attitudes and habits that last through out his
life. The kind of conscience that the child develops depends largely on the kind of
family - parents and siblings - he has. The parents are the most influential persons
in the family.
Broken home suggest separation between parents. Broken home is usually
characterized by the lack of parent’s interest on the welfare of their children. Many
delinquent children come from broken homes. Unfortunate homes breed juvenile
delinquency and criminality.
2. The SCHOOL
The second integral stage of the behavioral/social development process

is the school. It is said that the school is an extension of the home having
the strategic position to control crime and delinquency. It exercises
authority over every child that enters its jurisdiction. The teachers are
considered second parents having the responsibility to mold the child to
become productive members of the community by devoting energies to
study the child behavior using all available scientific means and devices in
an attempt to provide each the kind and amount of education they need.
The school has the role of working closely with the parents and
neighborhood, and other community agencies and organizations to direct
the child in the most effective and constructive way. However, the school
could be an influence to delinquency and criminality when teachers are
being disliked because they tend to antagonize the children. There are
teachers that are bad tempered, crabby, grouchy, hostile, sarcastic,
unreasonable, intolerant, ill-mannered, too strict, and unfair. These
teachers provide conditions that make the students experience frustration,
inadequacy, insecurity, and confusion which are usually considered the
kindergarten of crime.
3. The CHURCH
The Church is the institution that provides a place for public worship
and the services needed to enhance the spiritual and moral character of an
individual. The church influences people’s behavior with the emphasis on
morals and life’s highest spiritual values, the worth and dignity of the
individual, and respect for person’s lives and properties. The church
generates a strong will of the people to oppose crime and delinquency.
Religion refers to a particular institutionalized or personal system of

spiritual beliefs and practices. Religion is a positive force for goodness in
the community and an influence against crime and delinquency.
4. The MASS MEDIA
The media is the best institution for information dissemination thereby

giving an opportunity to the public to know the necessary facts of life that
help them shape their daily views about crime and its control.
5. Non-Government Organizations (NGOs)
NGOs are private organizations that are civic-oriented and thus

promote peaceful and productive society. These are groups of concerned
individuals responsible for helping the government to pursue community
development. They serve as partners of the government institutions in
providing common services for public good and welfare, thus preventing
criminality and maintaining peace and order.
2-fold Role of the Community as a pillar of CJS
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.
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.
Rehabilitation takes place when the convict is serving his

sentence. A convict may be paroled or may be placed on probation.
Under the concept of a participative criminal justice system in the

Philippines, public and private agencies, as well as citizens, become
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 correction pillar into the mainstream of society.
THANK YOU &
GOODLUCK

CJS Rev

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CRIMINAL JUSTICE SYSTEM

2. In theory, CJS is an integrated process primarily concerned with

3. CJS is a legal process of linking the law enforcement,

2.According to Mortimer J. Adler, there are two

3.Justice, according to the Supreme Court of the

In the Philippine setting, there

These are also known as the

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

5. To rehabilitate the convicted criminal offenders and reintegrate

The second pillar takes care of the

3.COURTS The courts provide opportunity for the prosecution

4. CORRECTIONS The fourth pillar takes over once the accused,

This pillar has 2-fold role.

Under the concept of a participative criminal justice system in the

Thus, citizen-based crime prevention groups become part of the CJS

• Which of the pillars of Philippine Criminal

• Which of the pillars of Philippine Criminal Justice is

• Which of the pillars of Philippine Criminal Justice is

• Which of the pillars of Philippine Criminal Justice is

•Which of the pillars of Philippine Criminal Justice is the _

•The superstar in the CJS? (CRIMINAL)

•The forgotten person in the CJS? (VICTIM)

What does the __

1. The lady justice - divine

5. What do you call the

In the Philippine setting, the first pillar

A. EVOLUTION OF THE PHILIPPINE POLICE SERVICE

Police functions at this time involve the following:

a.suppression of brigandage by patrolling unsettled areas

Police forces organized during the Spanish regime were:

The Japanese Military Police known as “Kempetai”

The first American occupation in

a. Insular Police Force was established on Nov. 30, 1890 during

b. Another Insular Police Force was created on JULY 18, 1901 by

c. Manila Police Department was organized on July 31, 1901 by

4. Post World War II

4. Post World War II

Law enforcement may refer to the policing body of the society or

Law enforcement, used in another perspective, is the process of

Law Enforcement operations encompass the following: Prevention

2. Filing charges against perpetrators/offenders

3. Assisting the prosecution in the trial of criminal cases

4. Collecting, preserving, keeping and presenting physical evidences to the courts

5. Aiding and evaluating victims of criminal attacks

6. Testifying in courts in any criminal prosecution

8.Providing necessary services in the reformation of convicted offenders

9.Assisting in the amicable settlement of minor civil or criminal cases

10.Providing protection and security to complainants or witnesses who are

11.Delivering of notices to witnesses

12.Effecting court orders to suspected offenders and hostile witnesses

When a crime is committed, how does it

1.When witnesses or concerned citizens

2.When the offended party files a criminal

3.By the spontaneous action or self-initiation

1.Proceed at the crime scene ASAP.

1.Prosecution may refer to the agency responsible in presenting the

2.Prosecution is the legal process/method by which an accusation is

2.Non-Government prosecuting agencies

Attorneys in private practice should be deemed a part of this CJS component.