Notes on Introduction to Philippine Criminal Justice System

CRIMINAL JUSTICE SYSTEM

Criminal Justice System refers to the sum total of instrumentation which a society uses in
the prevention and control of crime and delinquency. It refers to the machinery of the state or
government which enforces the rules of conduct necessary to protect life and property and to
maintain peace and order.
It also comprises all the means used to enforce those standards of conduct which are
deemed necessary to protect individuals and to maintain general community well-being.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Criminal Law is the basis that takes place in the Criminal Justice System. Only violations
of Criminal Law are being considered and processed in the Criminal Justice System. Where no
violation of Criminal Law or where no commission of the crime criminal justice as a process will
not operate.

CRIMINAL LAW
Criminal Law is that branch of public, which defines crimes, treats of their nature, and
provides for their punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW

A. SUBSTANTIVE
-defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.

B. PROCEDURAL
- refers to a statute that provides procedures appropriate for the enforcement of
the Substantive Criminal Law.
-
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

1. PRESUMPTION OF INNOCENCE
This means that those who are accused of crimes are considered innocent until proven guilty.
The accused is entitled to all the rights of the citizens until the accused’s guilt has been
determined by the court of law or by the accused’s acknowledgment of his guilt that he or she
indeed committed the crime. No less than the Constitution of the Philippines provides that an
accused shall be presumed innocent until proven guilty.

2. BURDEN OF PROOF
In criminal cases means that the government must prove beyond “reasonable doubt” that the
suspect committed the crime. In order to make sure that only those who are guilty of the crime
as punished, our Rules on Evidence provides that the evidence, in order to be sufficient to
convict an accused for a criminal act, proof beyond reasonable doubt is necessary. Unless his
guilt is shown beyond reasonable doubt, he is entitled to an acquittal.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING

PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the
Preliminary Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.
 4. Once the Court has determined that the accused is guilty beyond reasonable doubt as
charged and the judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence
when he can really be considered as a CRIMINAL.

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

PHILOSOPHIES BEHIND THE CJS

1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures

2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. LAW ENFORCEMENT
- also called the POLICE pillar. It occupies the frontline of the CJS because they are
regarded as the initiator of the system. They are also the first contact of the law violator in
the CJS process. It investigates, makes arrests and prepares evidence against the
suspects needed to prosecute them.
2. PROSECUTION
- takes care of evaluating the evidence and formally charges the suspects before the
court. It serves as screening process on whether to file a case based on evidence or
dismiss the same and determines what particular crime shall be formally filed and
presents the burden of proof against the suspect.
3. COURT
- conducts arraignment and trial. It issues warrant of arrest if the accused is at large and
acquits the innocent and adjudicate penalty for the accused if found guilty.
4. CORRECTION
- responsible for the incarceration and rehabilitation of the convicted person to prepare
for eventual reintegration in the community.
5. COMMUNITY
- helps the penitent offender to become law-abiding citizen by accepting the ex-convict’s
re-entry and assists said penitent offender lead a new life as a responsible member of the
society
- not under or independent among the branches of the government.

FIRST PILLAR: LAW ENFORCEMENT

The law enforcement pillar is the branch of the criminal justice system that has the
specific responsibility of maintaining law and order and combating crime within the society.
The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime
mover” of the Criminal Justice System. This pillar is also commonly referred to as the police
pillar.
This pillar is comprised of the different law enforcement agencies in the country such as
the Philippine National Police, the National Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs, the Bureau of Internal Revenue, and the Land
Transportation Office, among many others.
PHILIPPINE NATIONAL POLICE
- organized pursuant to RA 6975, as amended by RA 8551 as further amended by R.A.
9708.

RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:

1. RA 6975 - the “Department of the Interior and Local Government Act of 1990”
-approved on Dec 13, 1990
2. RA 8551 – the “PNP Reform and Reorganization Act of 1998.
- approved on February 25, 1998.
3. RA 9708 - “An Act extending for 5 years the reglementary period for complying the minimum
educational qualification for appointment to the PNP and adjusting the promotion system
thereof”.
- Approved on August 12, 2009
4. RA 11200 – An act providing for the rank classification in the PNP.
- Approved on February 8, 2019

PHILIPPINE NATIONAL POLICE

- a law enforcement agency under the DILG.
- under administrative control of the National Police Commission
- under the operational supervision of the local government unit

It is an organization that is national in scope and civilian in character, as provided by

Section 6, Article 16 of the 1987 Philippine Constitution: “The state shall establish and
maintain one police force which shall be national in scope and civilian in character…”

NATIONAL IN SCOPE - means that the PNP is a nationwide government organization whose
jurisdiction covers the entire breadth of the Philippine archipelago.
- all uniformed and non-uniformed personnel of the PNP are national government
employees.

CIVILIAN IN CHARACTER - means that that the PNP is not a part of the military, although it
retains some military attributes such as discipline.

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

I. LAW ENFORCEMENT
The Philippine National Police has the power to enforce laws and ordinances relative to the
protection of lives and property, such as the Revised Penal Code, other special penal laws and
city and municipal ordinances.
II. CRIME PREVENTION - the elimination of the opportunity for the commission of a
crime.
III. POLICE PATROL. Patrol has been described as the backbone of the police
department. Theoretically, patrol officers are the most valuable people in the
organization.
IV. CRIME DETECTION - is the discovery of the police that a crime had been committed.
There are traditional ways that occurrence of crime is made known to the police:
1) when the victim personally reports the crime to the police;
2) when a witness personally reports the crime to the police; and
3) when the police catch an offender while in the commission of a crime.
V. CRIMINAL APPREHENSION - the legal term for criminal apprehension is arrest.

ARREST - is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense. An arrest may be made on any day and at any time of the day or
night, even on a Sunday.

Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant
WARRANT OF ARREST
- an order in writing issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to take a person into custody in order
that he may be bound to answer for the commission of an offense
- shall remain valid until the person to be arrested has been arrested or has surrendered

CIRCUMSTANCES OF WARRANTLESS ARREST:

Arrest without warrant; when lawful. – A peace officer or a private person may, without a
warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;

b. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it; and

c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

VI. SEARCH AND SEIZURE

Search refers to the examination of an individual’s person, house, papers or effects, or
other buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action

SEARCH WARRANT
- an order in writing issued in the name of the People of the Philippine, signed by a judge
and directed to a peace officer, commanding him to search for personal property
described therein, and bring it before the court
- has a validity period of TEN (10) days
- can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

CIRCUMSTANCES OF WARRANTLESS SEARCH:

a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

VII. CRIMINAL INVESTIGATION - is an art, which deals with identity and location of the
offender and provides evidence of his guilt in criminal proceedings.

NATIONAL BUREAU OF INVESTIGATION (NBI)

The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon
approval of Commonwealth Act No. 181 by the legislature
Tasked with organizing a Division of Investigation or DI patterned after the United States
Federal Bureau of Investigation were Thomas Dugan, a veteran American police captain from
the New York Police Department and Flaviano C. Guerrero, the only Filipino member of the
United States Federal Bureau of Investigation.
On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau
of Investigation. Later, it was amended by Executive Order No. 94 issued on October 4, 1947
renaming it to what it is presently known, the National Bureau of Investigation (NBI).
The NBI is a government entity that is civilian in character, and national in scope which is
under the Department of Justice.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

- created by the virtue of Republic Act 9165.
- serves as the implementing arm of the Dangerous Drug Board (DDB).
- Responsible for the efficient and effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and essential chemical as provided in RA
9165.
- headed by Director General with the rank of Undersecretary, appointed by the
President.
- The head of the PDEA is assisted by 2 deputies Director General, with the rank of
Assistant Secretary, 1 for Operations and 1 for Administration, also appointed by the
President.