J-CJED111

PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE 1
INTRODUCTION TO PCJS

INTRODUCTION

A civilized and democratic society is governed by the rule of law. Societal behaviour and specific human
transactional activities are guided by a set of laws, which provides standards of right and wrong, defines individual
rights and lays out the system for redress and punishment of offenses.

The system of justice should be carried out in such a manner that the right of a person whether accused or
accuser be respected under the law and that any or all persons who seek justice will be given speedy, impartial
and fair justice.

Such system is carried out through the five pillars of justice, which comprise of the law enforcement,
prosecution, judiciary (court), correction/reformation, and community.

Law Enforcement Prosecution Court Correction Community

Such tremendous responsibility rest on the five pillars of justice, which are tasked to investigate and
establish the truth and or the basis define the appropriate penalties and/or sanctions in a speedy manner and in
such a way that no undue moral or economic loss will be suffered as a result of the process of seeking justice.

DEFINITION

Criminal Justice (CJ) is viewed or defined as the system of law enforcement, adjudication, and correction
that is directly involved in the apprehension, prosecution, and control of those charged with criminal offense.
(Siegel & Senna, 2007)

Comparison of Criminal Justice System

American Model Philippine Model

Law Enforcement Law Enforcement

Court Prosecution
Correction Courts
Corrections
Community
 J-CJED111
PHILIPPINE CRIMINAL JUSTICE SYSTEM

CJ involves a number of government agencies that ensures the protection of public, the maintenance of
order, the enforcement of the law, the identification of transgressors, the prosecution of the accused and the
finding of the guilty, and the correction and treatment of criminal behavior.

CRIMINOLOGY MEANS

“The body of knowledge regarding crime as a social phenomenon. It includes within its scope the process
of making laws, of breaking laws, and of reacting toward the breaking of laws.”

DIFFERENCE BETWEEN CRIMINAL JUSTICE & CRIMINOLOGY

Criminology explains the etiology, extent, and nature of the crime in society. Criminologist are concerned
with identifying the nature, extent and causes of crime.

CJ studies the agencies of social control that handles criminal offenders. CJ scholars engage in describing,
analyzing and explaining the operations of the agencies of justice, specifically the police agencies, the
prosecution, the court and the community.

OVERLAPPING CONCERN OF CRIMINAL JUSTICE EXPERT & CRIMINOLOGIST

Criminal Justice require accurate criminal statistics and data to test the effectiveness of crime control and
prevention programs coming from the understanding the nature and cause of crime as espouse by criminologist.
It is the aspect that both have overlapping concerns.

CRIME AND CRIMINAL JUSTICE

1. Crime is the event the calls for the operation of the criminal justice system.
2. Police initiate police intervention by way investigation or apprehension,
3. Prosecutors prosecute the case,
4. Court determine the guilt of the accused,
5. Correction rehabilitate the criminal,
6. Community accept the reformed offender.

HOW DOES THE CJS OPERATE?

The first four pillars, i.e., law enforcement, prosecution, courts, and corrections, pertain to the traditional
agencies vested with the official responsibility in dealing with crime or in crime control. The community pillar
is the most broad based. 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 become involved in issues and
participate in activities related to crime prevention and control.

THE POLICE OR LAW ENFORCEMENT PILLAR

The first pillar consists mainly of the Philippine National Police (PNP). The work of the PNP is the
prevention and control of crimes, enforcement of laws, and effecting the arrest of offenders, including the conduct
 J-CJED111
PHILIPPINE CRIMINAL JUSTICE SYSTEM

of lawful searches and seizures to gather necessary evidence so that a complaint may be filed with the Prosecutor’s
Office. Includes in this pillar other law enforcement agencies that implement laws.

PROSECUTION PILLAR

The second pillar takes care of the investigation of the complaint. The prosecutor will determine if there
is a ground to file a criminal case in court. 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, a warrant of arrest for the accused will be issued by the court
once the information has been filled.

COURTS PILLAR

The third pillar of the CJS is the forum where the prosecution is given the opportunity to prove that there
is a strong evidence of guilt against the accused. It is also in the courts that the accused is given his “day in court”
to disprove the accusation against him.

CORRECTIONS PILLAR

The fourth pillar takes over once the accused, after having been found guilty, is meted out the penalty for
the crime he committed. 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. It is in this institution where
he will undergo treatment and rehabilitation (Institutional based correction). The offender could also be treated
in the so-called community based treatment.

COMMUNITY PILLAR

The fifth pillar has a two-fold role. 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.
 J-CJED111
PHILIPPINE CRIMINAL JUSTICE SYSTEM

FLOW CHART OF THE PHILIPPINE CRIMINAL JUSTICE

LEGAL PRINCIPLES OR MAXIM OF CRIME

• “Nullum crimen nulla poena sine lege” – There is no crime where no law is punishing it.
• “Actus non facit reum, nisi mens rea”- A crime is not committed if the mind of the person performing the
act complained be innocent.
• “Actus me invito factus, non est meus actus” - An act done by me against my will is not my act.
• “Mala en se and mala prohibita” – The first statement is morally wrong while the second statement
criminalized for regulatory purposes.

CRIME IN THE CRIMINOLOGICAL SENSE

Crime is a violation of the rules of the society interpreted by the legal code created by the people holding
social and political power. Individuals who violate these rules are subject to sanctions by authority, social stigma
and loss of status. This definition combines the consensus, perspective’s and interactionist views.

CRIME IN LEGAL SENSE

Crime is defined as a voluntary and intentional violation by legal competent person of a legal duty that
commands or prohibits an act for the protection of the society. A crime is punishable by judicial proceeding in
the name of the state.

CRIME IS CONSTITUTED BY THE FOLLOWING:

1. The act must be voluntary

2. It must be intentional
3. It must be committed by a legally competent person
 J-CJED111
PHILIPPINE CRIMINAL JUSTICE SYSTEM

4. The behavior that constitutes crime can be either an act of commission or an act of omission.
5. It is an act that threatens the welfare of the society and is punishable by judicial proceeding in the name
of the state.

ORDER OF CONVICTING A PERSON

An act was committed, that at the time of its commission, was prohibited, or that the accused failed to do
something commanded by law. The accused did the act voluntarily and with full knowledge of what he or she
was doing. The act resulted from the intent. The act and the intent caused something to occur that was offensive
to the law. It is caused some harm to society.

CLASSIFICATION OF CRIME

1. Types of victims
2. Types of Offender
3. Object of the Crime
4. Method of Criminal Activity
5. Degree of Gravity
6. Nature of a Crime
7. Class as to its source of enactment
8. Formal or Informal Crime
9. Continuing Crime
10. Transitory Crime
11. Status of Offense

IMPORTANCE OF THE CLASSIFICATION OF CRIME

It is very important because it will affect the decision making of the agents or agencies of Criminal Justice
in regard to enforcement of crimes.

CLASSES OF CRIMES IN BOOK II, RPC

• Crimes Against the National Security and the Laws of the State
• Crime Against the Fundamental Law of the State
• Crime Against Public Order
• Crime Against Public Interest
• Crime Relative to Opium and Prohibited Drugs
• Crime Against Public Moral
• Crime Committed by Public Officer
• Classes of Crimes in Book Ii, Rpc
• Crimes Against Persons
• Crimes Against Personal Liberty and Security
• Crimes Against Property
• Crimes Against Chastity
• Crimes Against the Civil Status of Persons
• Crime Against Honor
• Quasi Offenses
 J-CJED111
PHILIPPINE CRIMINAL JUSTICE SYSTEM

CRIMINAL LAW AND THE CJS

CJS is based on the enacted Criminal Law. Only violations of Criminal law are being considered in the
CJS. Even if the act is somewhat annoying to some people the person cannot be processed in the CJS if the
absence of an enacted Criminal Law. The advent of the modern concept in correction will drastically change the
point of view of the public concerned.

CRIMINAL LAW

Criminal Law is defined as that branch of public law, which defines crimes, treats of their nature and
provides for their punishment.

TYPES OF CRIMINAL LAW

1. Substantive Criminal Law - defines the elements that are necessary for an act to constitute a crime and
therefore punishable.
2. Procedural Criminal Law - refers to a statute that provides procedures appropriate for the enforcement of
the Substantive Criminal Law

SOURCES OF SUBSTANTIVE CRIMINAL LAW

• Revised Penal Code

• Presidential Decree
• Special Penal Laws
• City and Municipal Ordinances

SOURCES OF PROCEDURAL CRIMINAL LAW

1. The Bill of Rights of the Philippine Constitution

Extracted from Philippine Constitution

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

2. The Revised Rules of Criminal Procedure, Rules of Court

RULE 110 - PROSECUTION OF OFFENSES

Section 1. Institution of criminal actions.– Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
 J-CJED111
PHILIPPINE CRIMINAL JUSTICE SYSTEM

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor
unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running of the period of prescription of the offense
charged unless otherwise provided in special laws.

3. Other rules on Criminal Procedure promulgated by the Supreme Court pursuant to its Constitutional
mandate.

PRINCIPLES OF THE CRIMINAL LAW

1. “The Presumption of Innocence” – This means that those who are accused of crimes are considered
innocent until proven guilty.
2. “The Burden of Proof” – it means that the government must prove beyond reasonable doubt that the e
suspect committed the crime

CRIMINAL IN RELATION TO THE CJS

The criminal is the main character of the CJS. Some authors even refer to the criminal as the superstars of
the CJS. Because the criminal revolve in the pillars of the CJS.

DEFINITION OF A CRIMINAL

• In the Criminological Sense - a person may be considered as a criminal from the time he or she committed
the crime regardless of whether or not it has been referred or reported to the police for investigation.
• In the legal sense – a person may be considered a criminal upon undergoing the judicial process and upon
determination by the court that he or she is guilty beyond reasonable doubt.
• In the Criminal Justice sense – a criminal may be defined as one who has undergone the process and
went through all the pillars of the CJS.

TERMS FOR A PERSON UNDER PCJS

• Suspect – if undergoing investigation by the police.

• Respondent - during the determination of the probable cause of under Preliminary investigation of the
prosecution.
• Accused – when the cased has been filed in court.
• Convict – once the court has determined the guilt beyond reasonable doubt of the person.
• Criminal – a person called in this name only upon undergoing all the process when the person has served
the sentenced