Criminal Justice System (CJS)

 maybe defined as the machinery of the government, which enforces the

rules of conduct necessary to protect life and property and to maintain
peace and order. It is also defined as the network of works and tribunals,
which deals with criminal law and its enforcements.
Primary Goals of CJS:
1. Maintenance of law and order; and
2. Protection of members of society.
Note: As to the role of the CJS in crime prevention is basically reactive in nature,
because its contribution is primarily anchored on the principle of deterrence.
Deterrence maybe described as prevention by setting an example (e.g.
imposition of punishment on the offender) with the end view of creating fear in
the mind of an individual who witnessed it in order for him not to do the same in
the future.
The five (5) Pillars of Philippine Criminal Justice System:
1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Community
A. Law Enforcement
considered as initiators of actions, that the other pillars must act upon to attain
its goals and objectives in the process. Their decisions essentially control and
dominate the activities or functions of other components.
Functions and goals of Law Enforcement
according to Charles D. Hale in his book entitled “Police Patrol Organizations
and Management”, these are:
1. Crime Prevention;
2. Criminal Apprehension;
3. Law Enforcement;
4. Order Maintenance;
5. Public Service;
6. Traffic Regulation and Motor Accident Investigation;
Functions and goals of Law Enforcement
7. To Prevent Criminal Behavior;
8. To Reduce Crime;
9. To Apprehend and Arrest Offenders;
10. To Protect Life and Property; and
11. To Regulate Non-Criminal Conduct.
Note: Please see Section 24 of Republic Act No. 6975, for the list of functions of
the Philippine National Police.
Development of Police Organization in the Philippines
Spanish Era
A. Carabiñeros de Seguridad Publica (1712) – this was organized for the purpose
of carrying the regulations of the Department of State. It was armed and
considered as the mounted force. Years after, this kind of police organization
discharged the duties of a port, harbor and river police.
Development of Police Organization in the Philippines
B. Guardrilleros (1836) – this was a body of rural police organized in each town
and established by Royal Decree of January 8, 1836. This Decree provided that
five percent (5%) of the able bodied male inhabitants of each province were to
be enlisted in this police organization for three years.
Development of Police Organization in the Philippines
C. Guardia Civil (1852) – This was created by a Royal Decree issued by the
Crown on February 12, 1852 to partially relieve the Spanish Peninsular Troops of
their work in policing towns. It consisted of a body of Filipino of policemen
organized originally in each of the provincial capitals of central province of
Luzon under the Alcalde (Mayor).
Development of Police Organization in the Philippines
During American Occupation
On November 30, 1900, the Commission recommended to the Secretary of War
the organization of Insular Police Force. The Philippine Commission passed Act
No. 175 on July 18, 1901, entitled an “Act Providing for the Organization and
Government of Insular Constabulary” better known as the “Philippine
Constabulary” by Section 1, Act No. 255 dated October 3, 1901.
Development of Police Organization in the Philippines
Civil Service Law – the appointment and promotion of the police was governed
by the Civil Service Law, although the Chief of Police and any of his subordinate
in the matter of their appointment and retention in the police service were
under the pleasure of the mayors, regardless of their qualifications, so long as
they could read and write.
Philippine Police Service – The birth of Republic Act No. 4864 (The Police Act of
1966) which created the Office of the National Police Commission
(NAPOLCOM); originally as Police Commission (POLCOM) under the Office of
the President. It is the supervisory agency to oversee the training and
professionalization of the country’s police force.
Martial Law Regime – Presidential Decree No. 765 dated August 1975, stipulated
that the Office of the National Police Commission was under the Office of the
Ministry of National Defense.
Executive Order No. 1040 dated July 10, 1985, which transferred the
administrative control and supervision of the Integrated National Police (INP)
form the Ministry of National Defense (MND) to the Office of the National Police
Commission.
Republic Act No. 6975 (The Department of Interior and Local Government Act of
1990)
Republic Act No. 8551 (Philippine National Police Reform and Reorganization
Act of 1998)
Other Law Enforcement Agencies :
National Bureau of Investigation (NBI)
It had its origin in the Division of Investigation (DI) of the department of Justice
(DOJ). Its formation was included in the provisions of Commonwealth Act No.
181, dated 1938. Responsible for the conceptualization and creation of the
division were the late President Manuel L. Quezon, the late Chief Justice Jose
Abad Santos, and the late Secretary of Justice Jose Yulo. The organization,
functions and objectives were patterned after the Federal Bureau of
Investigation (FBI) of the United States of America.
In additional to its normal investigation function, it was created towards
providing needed assistance to other law enforcement agencies. On June 19,
1947, Republic Act No. 157 created the NBI. Republic Act No. 2678 dated 1960,
expanded further and reorganized the NBI by increasing its personnel and
creating additional divisions and by establishing regional offices.
1. Bureau of Immigration
2. Bureau of Fire Protection;
3. Bureau of Jail Management and Penology;
4. Bureau of Customs;
5. Bureau of Internal Revenue;
6. Bureau of Food and Drugs; and
7. Optical Media Board.
Essential Constitutional Provisions to consider in relation to Law Enforcement:
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 1, Article III, 1987 Constitution).
Essential Constitutional Provisions to consider in relation to Law Enforcement:
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 witnesses
he may produce, and particularly describing the place to be searched and the
persons and things to be seized (Section 2, Article III, 1987 Constitution).
Arrest
It is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense (Section 1, Rule 113, Rules of Court).
Kinds:
1. Arrest by virtue of a warrant; and
2. Arrest without warrant (Section 5, Rule 113, Rules of Court).
Instances:
A. In Flagrante Delicto
Requisites:
1. The person to be arrested must commit an overt act indicating that he has
just committed, is actually committing, or is attempting to commit a crime; and
2. Such overt act is one in the presence of or any overt act indicative of a
felonious enterprise in the presence of and within the view of the arresting officer
(People vs. Laguio, G.R. No. 128587, March 16, 2007). Hence, reliable information
alone is not sufficient to justify a warrantless arrest.
Instances:
B. Hot Pursuit
When an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts and circumstances that the
person to be arrested has committed it.
C. Escapees
When the person to be arrested is a prisoner who has escaped form 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.
Search and Seizure
a search warrant is 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 search for personal property described therein and bring it before the
court.
Our Constitution states that a search and seizure must be carried through or with
a judicial warrant; otherwise, such search and seizure becomes “unreasonable”
and any evidence obtained there from is inadmissible for any purpose in any
proceeding (People vs Nuevas, et al, G.R. No. 170233, February 22, 2007).
The constitutional proscription, however, is not absolute but admits of
exceptions, namely:
1. Warrantless search incidental to a lawful arrest (Section 12, Rule 126, Rules of
Court);
The law requires that there first be arrest before a search can be made, the
process cannot be reversed.
2. Search of evidence in “plain view”;
The elements are the following:
a. Prior valid intrusion based on the valid warrantless arrest in which the
police are legally present in the pursuit of their official duties;
b. The evidence was inadvertently discovered by the police who have the right
to be where they are;
c. The evidence must be immediately apparent; and
d. “Plain view” justified by mere seizure of evidence without further search.
3. Search of a moving vehicle;
Highly regulated by the government, the vehicle’s inherent mobility reduces
expectation of privacy especially when its transit in public thoroughfares
furnishes a highly reasonable suspicion amounting to probable cause that the
occupant committed a criminal activity.
4. Consented warrantless search;
The consent to a search is not to be lightly inferred, but must be shown by clear
and convincing evidence. The question whether consent to a search was in fact
voluntary is a question of fact to be determined from the totality of all the
circumstances.
5. Custom search;
6. Stop and frisk; and
Allowable scope: “limited protective search of outer clothing for weapons.”
While probable cause is not required to conduct a “stop and frisk”, it
nevertheless holds that mere suspicion or a hunch will not be validate a “stop
and frisk”. A genuine reason must exist, in light of the police officer’s experience
and surrounding conditions, to warrant the belief that the person detained has
weapons concealed about him.
7. Exigent and emergency circumstances.
Note: In addition to the foregoing instances, by virtue of R.A. No. 6235, it
authorizes search for prohibited materials or substances at the airport entrances
( People vs Susan Canton G.R. No. 148825, December 27, 2002).
Persons not subject to arrest:
1. A senator or member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from
arrest while the congress is in session (Section 11, Article VI, 1987
Constitution)
2. Under generally accepted principles of international law, sovereigns and
other chiefs of state, ambassadors, ministers plenipotentiary, ministers
resident, and charge d affaires are immune from the criminal jurisdiction
of the country of their assignment and are therefore immune from arrest.
B. Prosecution
defined as the proceeding instituted and carried on by course of law, before a
competent a competent tribunal for the purpose of determining the guilt or
innocence of a person charged with a crime
Duties of the Prosecution:
1. To conduct Preliminary Investigation;
2. To make proper recommendation during the inquest of the case referred
to them by the police after investigation of a suspect;
3. 3. To represent the government or state during the prosecution of the
case against the accused in the absence of a private counsel or
prosecutor under his supervision and control;
Duties of the Prosecution:
4. To act as a Law Officer of the province or city in the absence of a legal officer
and as a Legal Adviser of all political instrumentalities and the officials; and
5. To investigate administrative cases filed against State Prosecutors including
the support staff of the National Prosecution Service.
National Prosecution Service
is under direct supervision and control of the Department of Justice (DOJ). It is
composed of Chief State Prosecutor (Prosecutorial Staff), Regional State
Prosecution Offices, Provincial and City Prosecution Offices.
Preliminary Investigation
it is an inquiry or proceeding to determine whether there is a sufficient ground to
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial. The threshold
is four (4) years, two (2) months and one (1) day (Criminal Procedure, Rule 112,
Rules of Court). Judges of the Municipal Trial Courts can no longer accept cases
for preliminary investigation by virtue of A.M. No. 05-8-26 SC, effective October
3, 2005.
The following may conduct preliminary investigations:
1. Provincial or City Prosecutors and their assistants;
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law.
Please see Section 3, Rule 112 of the Rules of Court for the procedure on the
conduct of the Preliminary Investigation.
Information – it is defined as an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court.
Inquest
it is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose of determining whether or
not said persons should remain under custody and correspondingly be charged
in court (Section 7, Rule 112, Rules of Court). In relation to this, please see Article
125 of the Revised Penal Code.
Bail
is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court. Bail
may be given in the form of corporate surety, property bond, cash deposit or
recognizance (Rule 114, Rules of Court).
Office of the Ombudsman
the prosecutory arm of the government against erring government officials who
committed graft and corrupt practices (Sections 5-13, Article XI, 1987
Constitution).
C. Court
a government body officially assembled under authority of law at the
appropriate time and place for the administration of justice through which the
state enforces its sovereign right and power.
Duties of the court:
1. To protect the rights of the accused;
2. To determine by all available legal means whether a person is guilty of a
crime as charged;
3. To dispose properly of those convicted of crimes;
 4. To protect society; and
5. To prevent and reduce criminal behavior.
Judicial Power
the judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law. Includes the duty of the court of justice to
settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether there has been a grave abuse of
discretion amounting to lack or in excess of jurisdiction on the part of any
branch or instrumentalities of the government (Section 1, Article VIII, 1987
Constitution).
Scope of the Judicial Power
1. Adjudicatory Power (the traditional function of the court, e.g. settling of
actual controversies);
2. Power of Judicial Review (e.g. power to review the constitutionality of the
governmental acts or laws); and
3. Incidental Power (e.g. contempt power).
Regular courts created under B.P. Blg. 129:
1. Court of Appeals (CA);
2. Regional Trial Court (RTC); and
3. Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC), and
Metropolitan Trial Court (MeTC).
Special courts created by special laws:
1. Court of Tax Appeals (CTA) created by R.A. No. 1125;
2. The Sandiganbayan which is Constitutionally mandated under Section 4,
Article XI, 1987 Constitution. The enabling law is P.D. No. 1606;
3. Sharia Courts in accordance with Muslim Personal Code, created by P.D.
No. 1083; and
4. Quasi-judicial agencies, which by virtue of the nature of their mandates
and considering their expertise in their own respective fields, they have
given quasi-legislative and quasi-judicial powers by law and prevailing
jurisprudence, in accordance with the principle of delegation practice in
the executive branch of the government.
Jurisdiction
is the authority or power to hear, try, decide a case (Cuenca vs. PCCGG, 535
SCRA 102) and to execute the judgment thereon (Echegaray vs Secretary of
Justice, 301 SCRA 96).
Jurisdiction
The Municipal trial Court, under R.A. No. 7691, has exclusive original jurisdiction
over offenses punishable with imprisonment not exceeding six (6) years
regardless or irrespective of the fine and other accessory penalties and civil
liability. Under B.P. Blg. 129, before the amendments introduced by R.A. No.
7691, the jurisdiction of the MTC for offenses not exceeding four (4) years and
two (2) months and/or a fine of four thousand pesos (Php4,000.00). So as it
stands now, all criminal cases where the penalty is higher than six (6)
imprisonment (except those cases falling within the Sandiganbayan) are within
the jurisdiction of the RTC.
Jurisdiction
In cases where the only penalty provided by law is a fine, the MTC has exclusive
original jurisdiction over offenses punishable with a fine not exceeding
Php4,000.00.
The MTC also has exclusive originals jurisdiction over all violations of city or
municipal ordinances committed within its respective territorial jurisdiction. The
MTC also has a special jurisdiction to hear and decide petitions for a writ of
habeas corpus or applications for bail in the province or city where the RTC
judges are absent.
Jurisdiction
In addition, the following cases should also be filed with the MTC:
1. Cases involving B.P. Blg. 22;
2. Offenses involving damages to property through criminal negligence (B.P.
Blg. 129 as amended by 7691).
Jurisdiction
Kinds of Jurisdiction:
1. General; 5. Concurrent;
2. Limited; 6. Exclusive;
3. Original; 7. Criminal;
4. Appellate 8. Civil; and
9. Administrative.

Arraignment and Plea (Rule 116, Rules of Court).

Motion to quash – is a motion to dismiss in civil cases (Rule 117, Rules of Court).
Pre-trial – is mandatory in criminal cases. The court shall order a pre-trial
conference after arraignment and within thirty (30) days form the date the court
acquires jurisdiction over the person of the accused (Section 1, Rule 118, Rules of
Court)

Trial – the trial shall commence within 30 days from receipt of the pre-trial order.
Once the trial is commenced, the same shall continue from day to day as far as
practicable until terminated. The trial however, may be postponed for a
reasonable period of time for good cause. In no case shall entire trial period
exceed 180 days form the first day of trial, except as otherwise authorized by the
Supreme Court (Section 2, Rule 119, Rules of Court). The rule however, also
provides, that certain periods of delay shall be excluded in computing the time
limits within which a trial must commence.

Please see Section 9, Rule 119, Rules of Court for the Order of Trial. The order of
trial may be modified and so instead of the prosecution presenting first its
evidence, the accused may be allowed to present evidence ahead of the
prosecution, when the accused admits the act or omission charged in the
complaint or information but interposes a lawful defense (Section 11(e), Rule
119, Rules of Court).
Judgment
is the adjudication of the court that the accused is guilty of the offense charged
and the imposition on him the proper penalty and civil liability, if any. It must be
written in the official language, personally and directly prepared by the judge
and signed by him and shall contain clearly and distinctly a statement of the
facts and the law upon which it is based. Judgment becomes final and
executory after fifteen (15) days from notice of judgment.
Remedies against a judgment of conviction before it becomes final and
executory:
1. Motion for new trial;
2. Motion for reconsideration (Rule 121, Rules of Court); or
3. Appeal (Rule 122, Rules of Court). If the judgment is that of the MTC, the
appeal is to the RTC; in cases decided by the RTC, the appeal is to the CA
or the SC in the proper case; if the judgment is rendered by the CA, the
appeal is to the SC (Section 2, Rules of Court); if rendered by the
Sandiganbayan, the appeal is to the SC under Section, Rule 45, Rules of
Court.
D. Corrections
a branch of administrative of criminal justice charged with the responsibility for
the custody, supervision, and rehabilitation, of the convicted offender.
I. Institutional Corrections
Penology – a branch of criminology that deals with management and
administration of inmates.
Some of the Society’s common response to crime:
1. Retribution;
2. Deterrence;
3. Incapacitation;
4. Rehabilitation; and
5. Reintegration.
The word “prison” is said to have been derived from the Greco-Roman word
“Presidio”. Pre means before and Sidio means inside.
The word “jail” is said to have been derived from the Spanish word “jaulo” which
means cage. Its legal definition: is a building or place of confinement of
arrested or sentenced persons.
Types of Jail:
1. Lock-up jail;
2. Ordinary jail; and
3. Workhouse, Jail Farm of Camp-houses.
Distinctions between Jail and Prison:
1. Jail is under the Department of Interior and Local Government (DILG) through
the Bureau of Jail Management and Penology (BJMP); whereas, prison is under
the Department of Justice (DOJ) through the Bureau of Corrections (BuCor); and
2. In jail, the person detained therein is merely awaiting trial of his case and who
cannot afford the amount of bail imposed, hence there is no yet final judgment
rendered by a court; whereas, in prison, the person is convicted by final
judgment and already serving his sentence.
Classification of Prisoners
(P.D. No. 29)
1. Insular/National Prisoner (three (3) years and one (1) day to death);
2. City/Provincial Prisoner (less than three (3) years but more than six (6)
months); and
3. Municipal Prisoner (not more than six (6) months).
Classification refers to the assigning or grouping of inmates according to their
sentence, age, nationality, health, criminal records, etc.
Classification of prisoners according to the degree of custody:
1. Maximum security;
2. Medium security; and
3. Minimum security.
The seven (7) operating correctional facilities in the Philippines:
1. Bilibid Prison;
2. San Ramon Prison and Penal Farm;
3. Iwahig Prison and Penal Farm;
4. Correctional Institution for Women;
5. Sablayan Prison and Penal Farm;
6. Davao Prison and Penal Farm; and
7. Leyte Regional Prison.
II. Non-Institutional Corrections.
1. Good Conduct Time Allowance – the good conduct of a prisoner in a penal
institution shall entitle him the deductions from the period of his sentence (Article
97, Revised Penal Code):
a. First two (2) years – five (5) days each month;
b. From his third year to fifth year – eight (8) days each month;
c. From his sixth year to tenth year – ten (10) days each month; and
d. From eleventh year onwards – fifteen (15) days each month.
II. Non-Institutional Corrections
2. Commutation of Sentence – an executive clemency changing a heavier
sentence to a less serious one or a longer term to a shorter term;
3. Parole – is a method by which a prisoner who has served a portion of his
sentence is conditionally released but remains in legal custody, the condition
being that in case of misbehavior, he shall be imprisoned;
4. Reprieve is the postponement of the execution of a death sentence to a
certain date;
II. Non-Institutional Corrections
5. Amnesty – is an act of grace, which relieves the offender not only from
suffering the penalty but obliterates the effects of the conviction as if the act
committed was not criminal in nature (Boado, Revised Penal Code);
6. Pardon – has been defined as the executive clemency which exempts the
individual on whom it is bestowed from the punishment for a crime he has
committed;
Distinctions between pardon and amnesty: pardon is granted to one after
conviction; while amnesty is granted to classes of persons or communities who
may be guilty of political offenses, generally before or after the institution of the
criminal prosecution and sometimes after convictions. Pardon looks forward and
relieves the offender from the consequences of an offense of which he has
been convicted, it abolishes or forgives the punishment; whereas, amnesty looks
backward and abolishes and puts into oblivion the offense itself (People vs
Casido, March 1997, 80 SCAD)
II. Non-Institutional Corrections
7. Probation (P.D. No. 968) – is a disposition under which the defendant, after
conviction and sentence, is released subject to the conditions imposed by the
court and to the supervision of a probation officer.
Who are disqualified from availing the benefits of probation?
a. Those who are sentenced to served a maximum imprisonment of more than
six (6) years;
b. Those convicted of subversion or any crime against the national security or
public order;
II. Non-Institutional Corrections
c. Those who have been previously convicted of an offense punished by
imprisonment of not less than one month and one day and/or fine of not less
than two hundred pesos;
d. Those who have been once on probation; and
e. Those who are already serving their sentence when the Probation Law
became effective.
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