Introduction

to
Philippine Criminal Justice System

By

Loudelito L. Umali RCrim, MS Crim, PhD Crim

 The Criminal Justice System
The Criminal Justice System was once
likened to an industrial or manufacturing
process churning out a definite product (Adler,
et al., 2000). Some people labelled that product
as “justice” other considered it as the “reduction
of crime”, while still others viewed it as both.
It is the flow of administration of Justice.
Criminal Justice refers to the procedure by
which criminal conduct is investigated, arrest
made, evidence gathered, charges brought,
defences raised, trials conducted, sentences
rendered, and punishment carried out.
 The American Justice System has
three (3) Pillars as follows:
• Police-Initiate the criminal Justice process by
the arrest of the criminal.
• Court – conducts the trial and imposes the
penalty if on if one is found guilty.
• Criminal- is remanded to the prison not for
punishment but for corrections and
rehabilitations.
 Criminal law

is the branch or division of law which

defines crimes, treat of their nature and
provides for their punishment.
 What is a Criminal?

Is the principal character in the process of

conducted by the five (5) pillars of Criminal
Justice System.
Is any person who has been found to have
committed a wrongful act in the course of the
standard judicial process.
 Crime and Justice Defined
A crime is any offense against a public law.
This word, in its most general sense, comprehends
all offenses but, in its limited sense, it is confined to
felony punishable by the Revised Penal Code (RPC).
Whereas Justice is defined as rendering to others
what is due to them. It means fairness, moral
rightness. It is the conformity of our actions and our
will to the law.
But in the most extensive sense of the word,
justice means the proper administration of the law;
the fair equitable treatment of all individuals under
the law.
 Theories
in
Criminal Law
 Classical Theory
Characteristics of Classical Theory
• The basis of criminal liability is free will and the purpose of
the penalty is retribution.

• Man is essentially a moral creature with an absolute free

will. As a result, he /she can choose between good and evil.
As such, the effect or result of the felony or act is stressed
or emphasized rather that the criminal himself/herself.

• There is a mechanical and direct proportion between the

crime and its penalty.

• The human element is usually disregarded.

 Positivist theory
Characteristics of Positivist Theory
• Man is subdued occasionally by a strange and morbid
phenomenon which constrains him/her to do wrong, in
spite of or contrary to his/her volition.

• Crime is essentially a social and natural phenomenon,

and, as such, it cannot be treated and checked by the
application of abstract principles of law and
jurisprudence or by the imposition of a punishment,
fixed and determined a priori; but rather through the
enforcement of individual measures in each particular
case after a thorough, personal, and individual
investigation conducted by a competent body of
psychiatrists and social scientists (Reyes, 2000).
Characteristics
of
Criminal Law
General
Criminal law is binding on all persons who
live or sojourn in the Philippine territory.
Territorial
Criminal laws undertake to punish crimes
committed within the Philippine territory. The
principle of territoriality mean that, as a rule,
penal laws of the Philippines are enforceable
only within its territory.
Prospective
A penal law cannot punish a person for an
act which when done was not criminal.
Legal Approach
to
Crime
• Act or Omission
A person may not be punished for his
/thoughts; crimes must involve action.

• Intent
An act or omission that is not sufficient to
constitute a crime may nevertheless constitute a
tort. The law also requires intent or mens rea—a
“guilty of mind” to establish culpability.

• Without justification or defense

Individual are not always held responsible for
acts that cause harm or injury to others; the law
recognizes some extenuating circumstances.
• Felony or Misdemeanor
Historically, the primary distinction
between a felony and misdemeanour is that a
person can be required for forfeit all his/her
property upon his/her conviction of a felony. In
addition, most, if not all felonies are considered
capital offenses. Today, two (2) categories are
distinguished primarily in terms of the sentence
that may be imposed. Usually a felony is a crime
for which a person may be meted out with a
long prison term while a misdemeanor is a less
serious offense for which a short jail term, a
fine, probation, or some other alternative to
incarceration may be imposed.
CONCEPT
OF
LAW
 Laws are designed to protect the legal and
political systems. They organized power
relationships. They establish who is
superordinate. Laws, particularly criminal laws,
are designed to maintain order as well as
protect private and public interest.

Law is a formal system of social control

that may be exercised when other forms of
control are not effective.
 Source and Nature of Law
• The concept of natural laws is seen in the
earliest legal document, the Code of
Hammurabi in 1900 BC.
• The code incorporates religious practices
of the people and emphasizes the importance
of religious beliefs. It reflects the economic
problems of Babylonian society through its
imposition of specific regulations about how
commodities were to be priced and marketed.
An eye for an eye a tooth of a tooth principle
is ingrained in the code.
 Law as Formal Social Control
Reid (2000) states that law is a method of
social control. Prior to the emergence of law social
control was achieved in less formal way, which are
not sufficient in today’s complex societies.

Some provisions must be made for replacing

members through reproduction or immigration;
providing food and other needed resources such as
housing and clothing; maintaining sense of
belonging sufficient enough to sustain cooperation;
deciding how much deviation from the norms or
rules of the group will be permitted and what
sanctions will be imposed on those who deviate.
 Informal Social Control

An early sociologist, William Graham

Sumner, distinguished two types of norms:
folkways and mores. According to him, behavior
begins with acts, not thoughts. The first reason
for acts is NEED, and people used a trial and
error method in an attempt to find the best
ways to satisfy their needs.
 Limits of Law

Not all forms of behavior are regulated by

criminal law. Nevertheless, criminal law should
provide the standards, goals, and guidelines—a
statement of what conduct is so important that
it must be sanctioned. It also provide moral
guidance as well, but controversy arises over the
extent to which the law should be influenced by
morality.
 Control of Crime
Clearly, Criminal law should target criminal
activity. The problem lies in defining which
activities should be considered “ criminal” .
Although the legal definitions of a crime and its
elements have been explained, this explanation
does not solve the problem of which forms of
behavior should be included within the scope of
those elements. Some acts are criminal in
themselves while others are only so because
they are defined as such by law.
THEORIES OF
CRIMINAL
BEHAVIOR
 1. Biological theories of Criminal
Behavior
One Criminologist trace the belief that
personality is determined by the shape of the
skull back to Aristotle. The relationship between
criminal behavior and body type was linked to
the theorists in the 1500s, and the study of
facial features and their relationship to crime to
those of the 1700s.
 2. Psychological Theories of
Criminal Behavior

One of the most popular explanation of

criminal behavior in the past was demonology.
Individuals were thought to be possessed by
good and evil spirits, which caused good or evil
behavior.
 3. Sociological Theories of Criminal
Behavior
According to Emil Durkheim, crime has
functional consequences, such as fostering
flexibility. It is impossible for all the people to be
alike and to hold the moral consciousness to
such an extent that dissenting opinions are no
longer formed. Some individuals differ from the
collective type; inevitably some of these
divergences include criminal behavior- not
because the act is intrinsically criminal but
because the collectively define is as criminal.
 Seven (7) major functions and
components of criminal justice system.
• Police- to arrest the violator/criminal
• Prosecution- to proceed against the accused.
• Court- to litigate cases.
• Probation officers- to supervise low-risk, non-
serious law violators.
• Correctional institution – to control prisoners
• Parole board- to select inmates ready for early
re-entry to society.
• Parole officers- to counsel and supervise the
more serious recidivist and hardened criminals.
Two (2) Major Division of Criminal
Justice System

•Formal CJS
•In formal CJS
• Forma CJS- is the one that is given the formal
responsibility of controlling crime; the one
that everyone sees in everyday operation; and
the one that redresses a wrong or harm done
to a person or a property.
– Police
– Prosecution
– Court
– Corrections
• Informal CJS- is the larger criminal justice
system, which includes the public and private
agencies and citizens that are involved in
reducing and preventing crimes. These private
functionaries include community
organizations, unions, Barangays, employers
and individual citizen. Their participation
usually ignored by most citizens.
2 MAJOR GOALS OF CRIMINAL JUSTICE SYSTEM
• To protect the members of the community
• To maintain peace and order

Sub-goals
• Crime Prevention
• Suppression of criminal conduct by apprehending the
offenders for whom prevention is ineffective.
• Review of the legality of preventive and suppressive
measures.
• Judicial determination of guilt/innocence of those
apprehended.
• Proper disposition of those who have been legally
found guilty.
• Correction by socially approved means of behavior of
those who violate the criminal law.
 PATTERN OF CRIMINAL JUSTICE
SYSTEM
1. The police are responsible for the apprehension of an
offender and in gathering evidence against him or her.

2. The prosecutor is responsible for evaluating the

evidence the police have gathered and in deciding
whether it is sufficient to warrant the filing of charges
against the alleged perpetrator.

3. The defense lawyer, whether private or government

provided, is responsible for the accused.

4. The judge during the trial is an arbitrator in court who

ensures that the defense and the prosecution adhere to
the legal requirements of introductory evidence and
examining of witnesses.
5. The judge at the end of the trial renders
decisions.

6. The probation officer conducts pre-sentence

investigation which the judge will make use of in
the determination of sentences.

7. The prison system receives and keeps the

convict until parole board grants parole or until
convict completes his sentence if a parole is
denied.
 PRIORITIES OF CRIMINAL JUSTICE
SYSTEM

1. Improving the management and the operational skills

of law enforcement.

2. Reducing the delays in the CJS process.

3. Making the corrections more attuned to its role of

reducing criminal behavior.

4. Increasing the community participation in crime

prevention.
GENERAL CHARACTERISTICS OF
CRIME AND CRIMINALS
1. Age and Crime
2. Gender and Crime
3. Social Class and Crime
4. Race and Crime
5. Urban/Rural Areas and Crime
6. The family and Crime
7. Education and Crime
8. Economy and Crime
9. Mass Media and Crime
 1. Age and Crime
According to Reid (2000), although the major
biological theories of criminal behavior developed in the
19th century, they originated much earlier. One
criminologist traced the belief that personality is
determined by the shaped of the skull back to Aristotle.
The relationship between criminal behavior and
body type was linked to the theorists of the 1500s, and
the study of facial features and their relationship to crime
to those of the 1700s.
Cesar Lombroso developed several categories of
criminals, but he is best known of his concept of the
biological or born criminal. He believed that criminals
possesses of the characteristics of savages. He called this
phenomenon an atavism, a throwback or a reversion to
pre-humanism.
 Theories of evolution introduced during
Lombroso’s time argued that as humans evolved,
their physical constitutions changed, becoming
more complex as they reached a higher stage.
Lombroso used these theories of evolution to
support his belief that criminals, compared to non-
criminals, are not only physically different but also
physically inferior as well; they have not evolved as
far as the non-criminals.
The Belief that criminal behavior is related to
body type could be traced back to a 1962 book, but
first real development of this approach began in
1940’S with the work of William H. Sheldon, who co
related physique and body type with temperament.
Sheldon defined three such type; the ectomorph,
endomorph and the mesomorph.
 2. Gender and Crime
Of All demographic variables, gender is the
best predictor of criminality; most persons arrested
are males. In the 1990’s, most males represented
about 83% of those arrested; and with the
exception of primarily female offenses such as
prostitution, this difference holds for all criminal
offenses. The male crime rates exceeds that of
females universally, in all communities, among all
age groups, an in all periods of history for which
statistics are available.
The female crime rate appears to be closer to
that or males in countries where males enjoy more
equality and freedom and, thus, an increased
opportunity to commit crime.
 4. Race and Crime

The validity of this shorthand method of

identifying groups in an increasingly diverse
society needs to be questioned by more
criminologist.
 3. Social Class and Crime

The vast majority of those arrested or

labelled as criminal are from the lower classes.
Criminality for traditional crimes is higher
among lower class individuals, totally apart from
bias in statistics or the administration of justice.
5. Urban/Rural Areas and Crime

Internationally, urban recorded crime rates

are generally higher than rural crime rates; and,
with few exemptions, this difference appears to
have been the case since cities began.
 6. The family and Crime

The family is the primary or most important

agent of socialization, particularly during
childhood. The family has exclusive contact with
the child during the period of greatest
dependency and plasticity.
The most important variables correlated
with delinquency are probably poor home
discipline, neglect and, indifference.
 7. Education and Crime
The relationship between education and
crime and delinquency is at least twofold.
Firstly, for adolescents in modern societies,
schools, particularly high school, represents a major
factor in their self-esteem at a very important stage
in their lives.
Secondly, there is a inverse relationship
between the amount of formal of formal schooling
individuals possess and arrest rates for traditional
crimes. School strong binding decreases the
likelihood of delinquency. It is also indicates that a
major predictor of delinquency is misconduct in
school.
 8. Economy and Crime
Researchers examined historical data for
all major crime since 1900 and their relationship
to employment/unemployment, per capita
income, inflation, and other economic indices.
They found in all political areas that the rate of
employment showed strong and significant
relationships to increase in all major categories
of crime.
 9. Mass Media and Crime
A subject of continual heated debate is the
role of the mass media in encouraging crime,
particularly crimes of violence. Do comic books,
violent video games, music, news papers,
magazines, movies, and/ television cause an
increase in crease? This protracted debate is
periodically fuelled by cries, particularly brutal
ones that appear to have some link with the
media coverage or fictionalization of criminal
events.
 FIRST PILLAR
OF
CRIMINAL JUSTICE SYSTEM
 LAW
ENFORCEMENT
 Law Enforcement
The criminal justice system begins in law
enforcement because the lawmakers promulgated,
laws, rules and regulations to maintain peace and
order to protect the people form harassment or
invasion.
is the prevention and control of crimes,
enforcement of laws and effecting the arrest of
offenders, including the conduct of lawful searches
and seizures to gather necessary evidence.
 The law enforcement pillar is where the
one committing a crime is arrested, detained or
investigated.
 Origins of Law Enforcement
the Family
Law enforcement in the Philippines
originated from the smallest unit of organization
in society- the family. Passed on from one
generation to another, “Law enforcement” in
the family was implemented by both parents,
but remained mostly patriarchal in nature, with
the father, the family provide, making the rules
and the mother enforcing them.
 There are two (2) agencies in charge
of law enforcement
1. Philippine National Police
2. National Bureau of Investigation
 Other agencies that enforce special
law:
• Bureau of Internal Revenue (BIR)
• Land Transportation Office (LTO)
• Bureau of Customs (BOC)
• Food and Drug Administration (FDA)
• Philippine Coast Guard(PCG)
• Philippine Aviation Security Command
(PAVSECOM)
• Marine Industry Authority (MARINA)
• Bureau of Fisheries and Aquatic Resources (BFAR)
• Airt Transportation Authority (ATO)
 Functions of Law enforcement
• Patrol
• Traffic enforcement
• Detection/investigation of Crimes
• Vice control
• Juvenile delinquency control
• Records and Communication
• Laboratory maintenance (Drug test)
• Planning (for surveillance and arrest )
• Jail operation
• Inspection
• Budget and accounts ( PNP budget)
• Personnel Maintenance
• Public relations
• Intelligence
 Bases of Law Enforcement in the
Philippines

1. Act. 3815 or the Revised Penal Code

2. Special Penal Laws
3. Local Ordinance
Constitutional basis on the creation of
the Philippine National Police
ARTICLE XVI “1987 Constitution”
SECTION 6. The State shall establish and
maintain one police force, which shall be
national in scope and civilian in character, to be
administered and controlled by a national police
commission. The authority of local executives
over the police units in their jurisdiction shall be
provided by law.
 The PNP as the prime mover of the
Philippine Law Enforcement

• The PNP as the Major players in the first pillar

of the Philippine Criminal Justice System, all
member should be well-educated and trained
both physically and psychologically.
 POLICE
• The word “police” generally means the
arrangements made in a civilized state to ensure
that the inhabitants keep the peace and obey the
law. It is considered a public office.
• A public office is defined as an office created by
law with responsibilities specially assigned by law
and occupied by a person who is either
appointed by competent authority or elected to
the said office in order to carry his functions.
 Etymology of the word “Police”
First attested in English in the early 15th
century, initially in a range of senses
encompassing '(public) policy; state; public order',
the word police comes from Middle
French police ('public order, administration,
government'), in turn from Latin politia, which is
the Latinisation of the Greek (politeia),
"citizenship, administration, civil polity". This is
derived from (polis), "city".
 MAJOR POLICE FUNCITONS
1. CRIME PREVENTION
2. CRIME INVESTIGATION
3. TRAFFIC SUPERVISION
 PHILIPPINE
NATIONAL POLICE
(PNP)
CHRONOLOGY OF LAW ENFORCEMENT
Before the tribal era- crimes were avenged by
the family of the victims. Retaliation is the most
common punishment . This system was harsh
and barbaric.
During the tribal era- the tribal leaders or chiefs
were the executive, legislative, and judiciary
officer. They determined who would guard the
community against the other tribes and
maintain peace and order.
 During the Spanish Regime
• 1. Carabineros de Seguridad Publica or
Mounted Police in 1712
• 2. Cuadrillerso in January 8, 1836
• 3. Guardia Civil February 12, 1852
 During the American Regime
• 1. Insular Police Force- November 30, 1890
• 2. Insular Constabulary-Act no. 175( July 18,
1901
• 3. Manila Police Deparment- Act. 183, July 31,
1901.
• 4. Philippine Constabulary – Act no. 255, First
Chief Henry T. Allen.
Kempetai- During the Japanese Regime

After the World war 2

1. Police Commission- Republic Act No. 4864

2. On December 13, 1990 RA no. 6975 DILG Act
and the PNP law of 1991 were approved by
then Pres. Cory Aquino.
3. On Feb. 25, 1998 RA 8551 or the PNP reform
and reorganization Act of 1998 were
approve.
 Arrest

• Is the taking of person in custody in order that

be may be bound to answer for the
commission of an offense.
 Procedure in making an arrest by virtue of warrant
1. The Police secures a warrant of arrest from the court.
2. The Police shall inform the person to be arrested of the
cause of the arrest based on the warrant arrest form the
court.
3. If the person to be arrested flees or forcibly resists the
arresting officer before he/she could be informed of the
facts of the arrest or if divulging these facts could imperil
the arrest, the officer may arrest the person even if the
warrant is not in his or her possession at the time of the
arrest. If the person demands to see the warrant of arrest
this will be show to hi/her as soon as practicable.
4. After executing the arrest, the arrested person shall be
delivered to the nearest police station or jail without
unnecessary delay.
 Procedure in making an arrest without
warrant
1. when the arrest is made without a warrant, the
police shall inform the person to be arrested of
his/her authority and the cause of the arrest.
2. In the case the person to be arrested flees or
forcibly resists arrest before the arresting officer has
the opportunity to tell him/her of the facts of the
arrest of if giving these facts may imperil the arrest,
then a warrant is not needed.
3. After the arrest, the person arrested shall be
brought immediately to the nearest police station
or jail and may be subjected to inquest where the
offense for which he/she has been arrested requires
a preliminary investigation.
 Power of the Police during an arrest
1. Orally summon any or more persons to assist
him/her in effecting the arrest. (Sec. 10,
Rules 113 of Rules of court)
2. Break into a building or enclosures where the
person to be arrested is or is believed be
inside, after the arresting police officer has
announced his/her authority and purpose
and has been refused admittance. (Sec. 10-
12, Rule113 of Rules of Court)
3. To arrest a suspect on any day at anytime of
the day and night( Sec. 6, Rule 113 of Rules of
court)
4. To make a report to the judge who issued the
warrant.
5. A police officer may still arrest a person with a
pending warrant of arrest until such time when
the latter has been arrested. The police may not
bring the actual warrant of arrest as long as
he/she knows that a warrant was issued to the
person being arrested. A warrant of arrest
issued by a competent court may be served
anywhere in the Philippines.
 Search and Seizure

The police can also be authorized to search

and seize evidence. As with arrest, searches may
be done may be done with or without a court
issued search warrant.
 Search Warrant
- Is an order in writing issued by the court in the
name of the People of the Philippines directing a
peace officer to search a personal property
described in the warrant and bring to the court
(Sec. 1, Rules 113 of the Rules of Court).
 How to obtain Search Warrant
1. The law enforcement officer must provide
information amounting to probable cause.
Probable cause- refers to the facts and
circumstances that will lead a reasonably
discreet and prudent man to believe that an
offense has been committed and the object
sought in connection with the offense is in the
place sought to be searched.
2. Data such as the address or the description of
the place or vehicle to be searched must be
supplied by the judge.
3. The request must also include the crime or
activities to be investigated.
4. Furthermore, the things to be seized must be
particularly described.
 Requirements in the issuance of a Search Warrant

1. There must be a probable cause.

2. The request must be for specific offense.
3. The Judge must determine if the facts presented
constitute probable cause. This task cannot be
delegated.
4. The examination report must be sworn to and
affirmed by an affidavit duly notarized by the
complainants and the witness/es. The complainant
and the witness/es but be under oath so that in case
the testimony turns out to be false, he/she/they
may be charged with perjury.
5. The place to be searched must have a complete
address or must be clearly described and the things
to be seized must also be specified.
The Second Pillar of Philippine
Criminal Justice System

PROSECUTION
 PROSECUTION
• Is the institution or continuance of a criminal
suit involving the process of formal charges
against an offender before a legal tribunal and
pursuing the final judgment of behalf of the
state or government.

• It is the process or method whereby

accusations are brought before a court or
justice to determine the innocence or guilt of
the accused.
 Functions of the prosecution
Prosecutors
- are government officials who represents the
people of a particular jurisdiction.
-to initiate and prosecute all criminal
prosecutions.
- he is a public official who instigates a
criminal proceedings.
- he is a criminal investigator who works in
coordination with the police officers.
- The prosecution ensure that the evidence
collected will stand up to judicial scrutiny even
at the early stages of a case.
- He prosecutes and performs the function of
the judge, in that decides which case to bring to
trial.
• State Prosecutors
- known as Fiscals, are considered the key
stone in the administration of criminal justice.
- The state prosecutor serves as the lawyer of the
state in criminal cases.
 PRE-TRIAL
• Is a mandatory conference and personal
confrontation before the judge between the
parties and their respective counsel. It is, by
definition, a procedural device intended to
clarify and limit the basic issues raises by the
parties.
 The main purpose of pre-trial is to
expedite the trial, where the accused and
counsel agree. Both parties consider these three
(3) areas of pre-trial:

1. Whether or not to file criminal charge;

2. How to set the level of seriousness of the
offense to be charged;
3. When to stop the prosecution.
 Roles of prosecutors

1. As dispenser of justice- prosecutors decide

either to dismiss of file a case for trial.
2. As overseers of the police- Prosecutors can
review and analyze the work of the police to
determine whether the have a case base on
the sufficiency of evidence they have
gathered.
 Interaction of the Police and the
Prosecution
The effectiveness of the prosecution
depends of the immediate and full cooperation
of the arresting officer. A good police
investigation of a case helps the prosecution
involved in the process to evaluate the legal
strength of the case, review the action taken by
the police while the facts can still be validated,
and decide what course of action to take in
behalf of the state.
The Third Pillar

COURT
 COURT
The word court derived from the latin terms
“CO” meaning “TOGETHER” and “HORTUS”
meaning “GARDEN” or “YARD”. Later in history, the
domiciles or emperors, king and dukes and other
nobles were also referred to as “COURTS”. The
business of resolving disputes and adjudging the
guilt or innocence of the accused is held in a court.
A court is a government institution that
decides a case according to the existing laws or the
laws of the land.
 Functions of the Court

Keeping peace
Deciding controversies
Administrative role
Different Courts
in the
Philippines.
• Supreme Court – It is the highest court in the
Philippines and a constitutional court created by
direct supervision of the constitution.
• Court of Appeals- It is the second-highest
judicial court after the Supreme Court. It reviews
decisions and orders of the lower courts.
• Sandiganbayan- It is a special court that has
jurisdiction over criminal and civil cases involving
graft and corrupt practices of the public officers.
• Regional Trial Court (RTC)
• Inferior courts( MTC and MCTC)
• Courts of Tax Appeals (CTA) – it has the same
level with court of Appeals.
JURISDICTION
AND
VENUE
• Jurisdiction- is the power and authority of the
court to hear, try and decide a case. It is also the
power to enforce or execute its judgments or final
orders. Jurisdiction of a court over the subject
matter of a case is conferred by law.

• Venue- refers to the place or the geographical area,

where the action is to be filled and tried.
 Twofold Role of the Court

The court has a twofold role in the

dispensation of the justice, as participant and
superior. In its capacity as participant, the court
must decide the culpability or innocence of the
accused after a careful examination of the
records or the case after its trial on the merit. As
a superior, the court has a noble mission as a
protector of human rights.
 Jurisdiction over the Person of the
Accused.
• A person who committing a crime is brought to
court either by valid warrant of arrest or by
voluntary submission to the jurisdiction of the
court, either by filling a motion to quash the
information against him, appearing for
arraignment, or by participating in the trial or by
giving bail.

• During the preliminary investigation, the person

accused of a crime is given a subpoena.
• Subpoena- is an order to appear and testify at
the hearing or trial of an action, or at any
investigation conducted by competent
Authority.
 Two types Subpoena

• Subpoena ad testificandum- the person will

appear and attend and testify .
• Subpoena duces tecum- a person is required
to bring with him books, documents or other
things.
• Summon- is a writ of the court by which the
defendant is notified of the action brought
against him/her.
 Bail and Recognizance

• Bail- is the security given for the release of a

person in custody of law, furnished by him
under herein after condition. Bail may be
given in the form of corporate surety, property
bonds, cash deposit or recognizance.
• Recognizance- refers to the obligation of
record, entered into before some court or
officer with a condition to some particular
acts. In criminal cases, the condition is the
appearance of the accused on trial.
• Preventive Detention
Is an imprisonment that allows
judges to hold the accused inside the jail who
could not afford bail. This kind of imprisonment
is not imposed for by the punishment for a
crime but in order to prevent the prisoner from
doing possible harm.
 CONDITION OF BAIL
1. The undertaking shall be effective upon approval,
and unless cancelled, shall remain in force at all
stages of the case until promulgation of the
judgement of the RTC, irrespective of whether the
case was originally filled in or appealed it.
2. The accused shall appear before the proper court
whenever required .
3. The failure of the accused to appear at the
trial without justification or despite due notice
shall be deemed a waiver of his/her right to be
represent thereat. In such case, the trial may
proceed in absentia.

4. The bondsman shall surrender the accused to

the court for execution of the final judgement.
 Amount of bail
The judge who issued the warrant or
granted the application shall fix a reasonable
amount of bail considering primarily, but not
exclusively, the following factors:
1. Financial ability of the accused to give bail.
2. Nature and circumstances of the offense.
3. Penalty of the offense charged.
4. Character and reputation of the accused.
5. Age and health of the accused.
6. Weight of the evidences against the accused.
7. Probability of the accused appearing at the
trial.
8. Forfeiture of other bill
9. The fact that the accused was a fugitive from
justice when arrested.
10. Pendency of other cases where the accused
is on bail.
 LITIGATION PROCESS
1. Arraignment
2. Pre-Trial
3. Trial
4. Judgement
5. New Trial or Reconsideration
6. Appeal
 Arraignment
• An arraignment
is a court
proceeding at
which a criminal
defendant is
formally advised
of the charges
against him and
asked to enter a
plea to the
charges.
 PLEA

• a formal statement by or on behalf of a

defendant or prisoner, stating guilt or
innocence in response to a charge, offering an
allegation of fact, or claiming that a point of
law should apply.
 ARRAIGN AND PLEA
1. The accused must be arraigned before the court
where the complaint or information was filed or
assigned for trial. The arraignment shall be made in
open court by the judge or clerk by furnishing the
accused with a copy of the complaint or
information reading the same in the language or
dialect know to the accused and him/her whether
she/he pleads guilty or not guilty. The prosecution
may call at the trial witnesses other than those
named in the complaint or information.
2. The accused must be present at the
arraignment and must personally enter his/her
plea. Both arraignment and plea shall be made
of record, but failure to do so shall not affect he
validity of the proceedings.
3. When the accused refuses to plead or makes
a conditional plea, a plea of not guilty shall be
entered for him or her.
4. When the accused pleads guilty but presents
exculpatory evidence, his/her plea shall be
deemed withdrawn and a plea of not guilty shall
be entered for him or her.
5. When the accused is under preventive detention, his/her
case shall be raffled and its records transmitted to the judge
to whom the case was raffled within 3 days form the filling of
the information or complaint. The accused shall be arraigned
within 10 days from the date of the raffle. The pre-trial
conference of his/her case shall be held within 10 days after
the arraignment.

6. The private offended party shall be required to appear at

the arraignment for purposes of plea bargaining,
determination of civil liability and other matters requiring
his/her presence. In case of failure of the offended party to
appear despite due notice, the court may allow the accused
to enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the
conformity of trial prosecutor alone.
7. Unless a shorter period is provided by special
law or supreme court circular, the arraignment
shall be held within 30 days for the date the
court acquires jurisdiction over the person of
the accused. The time of the pendency of a
motion to quash or for a bill of particulars or
other causes justifying suspension of the
arraignment shall be excluded in computing the
period.
 MOTION TO QUASH
Is a request to nullify a previous decision of
a court or that of an inferior judicial body. At
anytime before entering his/her plea, the
accused may move to quash the complaint or
information. The motion to quash shall be in
writing, signed by the accused or his/her
counsel and shall distinctly specify its factual
and legal grounds.
GROUNDS IN MOTION TO QUASH
1. That the facts charged do not constitute an
offense.
2. That the court trying the case has no
jurisdiction over the offense charged.
3. That the court trying the case has no
jurisdiction over the person of the accused.
4. That the officer who filed the information has
no authority to do so.
5. That it does not conform substantially to the
prescribed form.
6. That more than one offense is charged except
when a single punishment for various offenses is
prescribed by law.
7. That the criminal action or liability has been
extinguished.
8. That it contains averments which, of true,
constitute a legal excuse or justification.
9. That the accused has been previously convicted
or acquitted of the offense charged, of the case
against him/her was dismissed or otherwise
terminated without his/her express consent.
The Fourth Pillar of Criminal
Justice System

CORRECTIONS
 After the conviction and sentencing, the
offenders enter the correctional system.

CORRECTIONS
is a branch of administration of criminal
justice system charged with the responsibility
for the custody, supervision, and rehabilitation
of a convicted offender.
Correctional
-Refers to the institution in which the
convicted person serves his final judgement.

Kinds of Corrections
Community-based corrections
Institutional-based corrections
Concept of Penalty in our Justice System
Penalty is defined as the suffering
inflected by the state on an individual for
disobeying a law.
In general, it is signifies “pain”. In the
juridical sphere it means the “suffering”
undergone by one who committed a crime
(Reyes, 2012).
 Justification of Punishment
• Because it is harmful, painful, or unpleasant
need a justification. Imprisonment, for
example, causes physical discomfort,
psychological pain, indignity and general
unhappiness, among others.
Concept of Penalty in our Justice System
1. Productive of suffering- But it must not affect
the integrity of the human personality.
2. Commensurate with the offense- Different
crime must be punished with different
penalties.
3. Personal- No one should be punished for a
crime of another.
4. Legal-it is the consequence of a judgement
based on law.
5. Certain – No one may escape its effects.
6. Equal – It must be equal to all.
7. Correctional – The aim of penalty is corrective in
nature.
Two (2) most frequently cited
justification for punishment.

Retributivism
Reductivism
 RETRIBUTIVISM

Punishment is justified on the ground that

the offender deserves to be punished. The
retributivist principle, to a certain extent, is
antithetical to reductivism.
 Reductivism

Punishment is justified on the ground that it

helps reduce the incidence of crime. It is a forward-
looking; it seeks to justify punishment by its alleged
future consequences.
 THEORIES IN JUSTIFYING PENALTIES
1. Prevention- The state punishes the criminal to
prevent or suppress the danger his/her criminal
act pose to the state.
2. Self-defense- the state punishes the criminal to
protect itself from the wrong inflicted by the
criminal.
3. Reformation- the state punishes to correct or
reform him/her.
4. Exemplarity- The state punishes the criminal to
deter others from committing a crime.
5. Justice- The state punishes the criminal as an act
of retributive justice and a vindication of the
absolute right and moral law he/she violated
(Reyes, 2012).
Classification and Duration of Penalties
 CLASSIFICATION OF PRISONERS
1. Insular- One who is sentenced to a prison
term of 3 years and one day to reclusion
perpetua.
2. Provincial- One who is sentenced to prison
term of 6 months and one day to three years.
3. City- One who is sentence to a prison term of
one day to three years.
4. Municipal- One who sentenced to a prison
term of one day to six months.
 JAIL VS PRISON
Jail
the latin root word of the word jail is “cavea”,
meaning “cavity” “cage” or “croop” since it has
been suggested that jails are public cages or coops.
Jails are used for several purposes. Their main
purpose was to detain a people awaiting trial,
transportation, the death penalty, or corporal
punishment.

Prison
are designed for the long-term incarceration
of offenders.
Correctional System in the Philippines
The offenders by the courts to serve sentences of
three years or more are sent to the prison facilities
of the Bureau of Correction(BuCor), an agency of
the Department of Justice (DOJ). They are classified
as national prisoners. Those meted with lighter
sentences, as well as those with pending cases
before RTCs, are confined in provincial jails under
the local government while those awaiting trial in
municipal trial courts or serving light penalties are
housed city, municipality or district jails of the
Bureau of Jail Management and Penology (BJMP).
 Probation
Probation allows a convicted defendant to go
free with a suspended sentence for a specified
duration during good behavior. Probationers are
placed under the supervision of a probation
officer and must fulfill certain conditions.
 Parole
Parole is conditional freedom for a prison inmate.
The prisoner (called a "parolee") gets out from
behind bars, but has to live up to a series of
responsibilities. A parolee who doesn't follow the
rules risks going back into custody.

WHO MAY GRANT PAROLE TO A PRISONER?

The Board of Pardons and Parole, an agency
under the Office of the Secretary of Justice.
 WHO MAY GRANT PAROLE TO A
PRISONER?

The Board of Pardons and Parole, an

agency under the Office of the Secretary of
Justice.
 EXECUTIVE CLEMENCY
It refers to the Commutation of Sentence,
Conditional Pardon and Absolute Pardon maybe
granted by the president upon recommendation
of the Board.
 Pardon
A pardon is a government decision to allow a
person to be relieved of some or all of the legal
consequences resulting from a criminal
conviction. A pardon may be granted before or
after conviction for the crime, depending on the
laws of the jurisdiction.
 Types of pardons

Conditional Pardon
Absolute
CONDITIONAL PARDON
It is the conditional exemption of a guilty
offender for the punishment imposed by a
court.

ABSOLUTE PARDON
It is the total extinction of the criminal
liability of the individual to whom it is granted
without any condition whatsoever resulting to
the full restoration of his civil rights.
WHO MAY FILE A PETITION FOR CONDITIONAL
PARDON?
A prisoner who has served at least one-
half (1/2) of the maximum of the original
indeterminate and/or definite prison term.
WHO MAY GRANT COMMUTATION OF
SENTENCE AND PARDON?
The President of the Philippines.
FIFTH PILLAR OF CJS
COMMUNITY
 Community
The community, as one of the pillars of
criminal justice system , refers to institutions,
government, and non-government agencies and
people’s organizations that provide care and
assistance to the victims or offended party,
during and after the onset of a victim’s right
case.
 ROLE OF THE COMMUNITY

The primary role of the community is to

accept an individual for treatment and
continuous rehabilitation by way of giving the
ex-convict another chance to live in the
community as a free and normal citizen.
 POLICE COMMUNITY RELATIONS
The police must create a harmonious
relationship with the community. Two of the
criminal justice system pillars , the Police and the
Community, should have an effective partnership
for crime prevention, peace and order, and law
enforcement .
Is the sum total of the dealing of the police
officers with the people they serve and whose
goodwill and cooperation they seek to ensure the
greatest possible efficiency in public service.
 THE SPAN OF POLICE-COMMUNITY
RELATIONS
1. The entire field of public information designed to
bridge any communication gap between the police
and the public.
2. Public relations intended to maintain harmony
and mutual support between the police and the
community.
3. Mass communication for the purpose of
conditioning both the friendly and the hostile
public, thereby ensuring and facilitating the
attainment of police objectives.
THANK YOU!