CRIMINAL JUSTICE SYSTEM

BY: CHIQUIT A. GAYAMO, MSCJ

 INTRODUCTION
• 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.
• Criminal Justice System 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
 CRIME

• Legal Point
• An act or omission in violation of a criminal law
• Social Definition
• An anti-social act; an act that is injurious, detrimental or harmful to the norms
of society; they are the unacceptable acts.
• Psychologically
• crime is an act, which is considered undesirable due to behavioral
maladjustment of the offender; acts that are caused by maladaptive or abnormal
behaviors.
CRIME is also a Generic Name that refers to OFFENSE,
FELONY And DELINQUENCY OR MISDEMEANOR.

• Offense – is an act or omission that is punishable by special

laws .
• Felony – is an act or mission that is punishable by the
Revised Penal Code
• Delinquency/Misdemeanor – acts that are in violation of
simple rules and regulations usually referring to acts
committed by minor offenders.
 THE CRIMINAL
• Legal Definition
• A person who committed a crime and has been convicted by a court of the
violation of a criminal law
• Social Definition
• A person who violated a social norm or one who did an anti-social act.
• Psychological Definition
• A person who violated rules of conduct due to behavioral maladjustment.
 THE VICTIM

• Victimology is simply the study of victims of

crimes and contributory role, if any, in crime
causation. It is also the scientific process of gaining
substantial amounts of knowledge on offender
characteristics by studying the nature of victims.
 JUSTICE

• Justice is “rendering what is due or merited and that

which is due or merited.”
• 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.
 OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING

1. LAW ENFORCEMENT: 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.
•
 PROSECUTION

•The second pillar takes care of the investigation

of criminal complaints to ensure that there are
reasonable grounds in filing such complaints .
 COURTS

1. 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.
 CORRECTIONS

•The fourth pillar takes over once the

accused, after having been found guilty,
is meted out the penalty for the crime he
committed
 COMMUNITY
• 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.
 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).
 EVOLUTION OF THE PHILIPPINE POLICE SERVICE

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.
Police forces organized during the spanish
regime were:
•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.
 CUARDRILLEROS

• 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.
 GUARDIA CIVIL

•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.
 JAPANESE OCCUPATION

• The Japanese Military Police known as “Kempetai” was held

responsible in maintaining peace and order in Manila. The
Manila Police, which was created during the first American
occupation, was renamed into Metropolitan Constabulary
under the Bureau of Constabulary. Kempetai ruled the urban
areas until Gen. Douglas McArthur returned on February 7,
1945.
 AMERICAN OCCUPATION

• 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.
• 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.
• Philippine Constabulary is a national police institution for preserving
the peace, keeping order and enforcing the law.
• 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.
• 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.
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.
•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
 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.
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?

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.
 PROSECUTION PILLAR

• Prosecution may refer to the agency responsible in

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

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 court is a body to which the public administration of justice is delegated.
MEANING OF JUDGE
• The Judge is a public officer so named in his commission 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 2. Indispensable part of
judges the court
3. Cannot exist without a 3. Can exist without a
judge court
 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.
• Judicial power is vested to the Supreme Court and in such
inferior courts as may be established by law.
• judicial power is the authority to settle justifiable controversies
or disputes involving rights of justice, or the redress of wrongs
 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.
 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.
BASIC COURT SYSTEM IN THE PHILIPPINES
 COURT JURISDICTION AND VENUE OF TRIAL

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.
The Venue refers to the place where a case should be heard, tried,
and decided.
 DECISION

• 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.
 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.
 JAIL

•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

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. preven-tion of crime
 IMPRISONMENT
Imprisonment refers to the state or condition of being con-strained,
restrained, or incarcerated in confined room or build-ing. 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.
 PROBATION LAW (P.D. NO. 968)
• 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;

• the confinement of all offenders in prisons and other

institutions with rehabilitation programs constitutes an
onerous drain on the financial resources of the country
 CORRECTIONAL AGENCIES IN THE
PHILIPPINES

Agencies engaged in institutional corrections

a. Bureau of Corrections
b. Provincial Jails
c. Bureau of Jail Management and Penology
 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)
 DURATION OF PENALTIES
1. RECLUSION PERPETUA - imprisonment of more than 20 years;
maximum imprisonment of 40 years or life imprisonment
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

4. PRISION CORRECTIONAL - imprisonment of 6 months and 1

day 6 years
5. ARRESTO MAYOR - imprisonment of 1 month and 1 day to 6
months
6. ARRESTO MENOR - imprisonment of 1 day to 30 days
 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.
• 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.
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
 THE PHILIPPINE JAIL SYSTEM
• 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.
• 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.
• 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 of-
fenders who are detained in order to protect the community,
example: insane persons
 CLASSIFICATION OF PRISONERS ACCORDING TO
DEGREE OF SECURITY:

• 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
• 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.
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
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.
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)
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.
 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.
 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 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.
 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.
 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.
THANK YOU AND GODBLESS!