PHILLIPINE

CRIMINAL
JUSTICE
SYSTEM
WHAT IS CRIMINAL JUSTICE SYSTEM?

It compromises all the means used to enforce those

standards of conduct, which are deemed necessary to protect
individuals and maintain general community well being.

In broad terms, a system of criminal justice system

creates the laws governing social behavior, attempt to prevent
violation of the laws, and apprehends, judges and punishes
those who do violate them.

It also defined as the “machinery of the state or

government which enforces the rules of conduct necessary to
protect life and property and maintain peace and order”.
5 PILLARS OF THE PHILLIPINE CRIMINAL
JUSTICE SYSTEM
Police or Law Enforcement
Prosecution
Court
Correction or Correctional Institution
Community

3 PILLARS OF UNITED STATES CRIMINAL JUSTICE

SYSTEM
Police
Court
Corrections
PURPOSES OR GOALS OF CRIMINAL JUSTICE
SYSTEM
Primary goals
1. Maintain Peace and Order
2. Protect members of the Society
Secondary Goals or Sub-Goals
1. Prevention of Crime
2.The review of legality of preventive and suppressive
measures
3.The judicial determination of guilt or innocence as those
apprehended –Court
4.The proper disposition of those who have been legally found
guilty – Correction
5.The correction by socially approved means of the behavior of
those who violate the criminal law – Correction
6.The suppression of criminal conduct by apprehending
LAW ENFORCEMENT
The Philippine National Police is national
in scope and civilian in character administered
and controlled by the National Police.
Commission with the secretary of Department
of the Interior and Local Government
POWERS AND FUNCTIONS OF THE PHILIPPINE
NATIONAL POLICE
1. Enforce all laws and ordinances relative to the protection
of lives and properties.
2.Maintain Peace and Order and take all necessary steps to
ensure public safety
3.Investigate and prevent crimes effect the arrest of the
criminal offenders, bring offenders to justice and assist in
their prosecution.
4.Exercise the general Powers to make arrest, search and
seizure in accordance with the Constitutional and pertinent
law.
5.Public Services and Perform such other duties and
exercise all other functions as may be provided by law.
COMPOSITION/MEMBERS OF THE
PHILIPPINE NATIONAL POLICE
PC- Philippine Constabulary

INP- Integrated National Police

Narcotics Command (NARCOM)

Criminal investigation Service Command (CISC)

NAPOLCOM Inspection, Investigation and Intelligence Branch

NACAH- National Action Committee and Anti-Hijacking

PAFSECOM- Philippines Air force Security Command

Coast Guard
DIFFERENT VIOLATIONS OF LAWS

Felonies

Special Penal Laws

Infraction of City or Municipal Ordinances

Presidential Decree
POLICE DISCRETION

It is “an authority conferred by law to act in certain

conditions or situation in accordance with an official’s or an
official agency’s own considered judgment and conscience.

OTHER DEFINITION OF DISCRETION

It is also known as the wise used of sound judgment.

It is the use of personal decision to carry out the objectives

of the Criminal Justice System
 
What Are Some Discretion of the Police?

To strictly enforce the laws and ordinance

To be lenient in the enforcement of laws and ordinances

To apply search warrants

To arrest the suspect/s or just war him

To gather additional evidence or immediately file the case

against the suspect/s

To follow-up cases
PROSECUTION
National Prosecution Services
It is under the supervision and control of the DOJ and is
tasked the prosecutorial arm of the government.
FUNCTIONS OF PROSECUTORS
1. To conduct Preliminary investigation
2. To make proper recommendation during the inquest of a case
3. To represent the government or state during the prosecution of
the case
4. To act as Law Officer of the province or city in the absence of
legal officer
5. To investigate administrative cases filed against state
Prosecutors.
PRELIMINARY INVESTIGATION

It is an inquiry or proceeding for the

purpose of determining whether there is
sufficient ground to engender a well-
founded belief that a crime cognizable by
the regional trial court has been committed
and that the respondent is probably guilty
thereof and be held for trial
.
Who are the officers empowered to conduct
Preliminary Investigation?
Judges of the Municipal Trial Court

Judges of the Municipal Circuit TC

National and Regional State Prosecutor

Provincial or City Prosecutor

Such other officer s that may be authorized by law alike the

Tanodbayan, COMELEC lawyers and the Municipal Mayor in
the absence of the Municipal Judge.
PURPOSES/OBJECTIVES OF PRELIMINARY
INVESTIGATION
1. To protect innocent against hasty, oppressive and malicious
prosecution.
2.To secure the innocent from an open and public accusation of
trial
3. To protect the state from useless and expensive trials
COMPLAINT
It is a sworn written statement; charging a person for an
offense, subscribe by the offended party, public officers or any
peace officer in charged of the law violated.
INFORMATION
It is an accusation of writing charging a person for an
DISCRETION OF THE PROSECUTOR
1.Filing a case against the accused
2.To drop or dismiss the case due to lack of merits.
3.To recommend the reduction of charges and bail in favor of
the accused.
Remedies of the offended Party against a Fiscal who
refuses unreasonably to file the Information:
1.To file a criminal cases against the fiscal
2.To file an administrative case
3.To hold him civilly liable
4.To file an action for mandamus to compel the fiscal to file the
information
5.To file a motion for reconsideration
6.To appeal to the department of justice
WHAT IS PROBABLE CAUSE?
As basis in charging/prosecuting
person for an offense
As grounds for arrest or issuance of
warrant of arrest
As a protection against false
prosecution and arrest
WHAT IS COURT?
It is a governmental body officially
assembled under the authority of law
at the appropriate time and place for
administration of justice through
which the state enforces its sovereign
rights and power.
Distinction between Jurisdiction and Venue
JURISDICTION - The authority to hear and
determine the cause
VENUE -The site or location where the case is to be
tried to merits.
BAIL
It is the security given for the release of a person in
custody of the law, furnished by him or bondsman,
conditioned upon his appearance before any court as
required under conditions hereinafter specified.
TYPES OF BAIL
Property Bonds- A signature bond secured by mortgage or real property.
In some jurisdictions courts allow property to be used for bail. This property
often has to be twice the value of the imposed bail, and involves many
complicated forms and procedures.
Cash Bonds- Some people choose to simply pay cash for their bail, but
this can use up important money that can be better used for other
immediate purposes, even though it is returned eventually.
Corporate Surety Bonds- Surety bail bonds involve a number of
contracts with a bail agent that contains stipulations for release, such as
drug treatment programs. Bonds of this type usually require some form of
collateral for the bail amount.
Release on Recognizance - A bond made to a court, and recorded, of an
obligation to do something, which if the person so bound fails to do will
require the payment of a preset sum of money.
JUDGEMENT
It is the adjudication by the court that the accused is
guilty or not of the offense charged aid in the imposition of the
proper penalty and civil liability provided by the law on the
accused.
COURT ORGANIZATION
SUPREME COURT- Often to as the “Court of Last Resort”. It
renders final judgment on constitutional and other important
issues and questions of law. It shall compose of a chief justice
and fourteen (14) Associate justices.

COURT OF APPEALS- This court generally exercises appellate

jurisdiction over decisions of Inferior courts not otherwise
falling within the appellate jurisdiction of the Supreme Court. It
shall be composed of a presiding justice and fifty Associate
Justices who shall be appointed by the President of the
Philippines.
REGIONAL TRIAL COURT- “Court of First Instance”
Regional trial court exercise exclusive original jurisdiction in
civil cases and in criminal cases not within the exclusive
jurisdiction of any court.

THE SO CALLED INFERIOR COURTS- Inferior courts are

those whose jurisdiction is limited and special and whose
proceedings are not according to the course of the common law
or any court whose decisions can be appealed to a higher court.

SANDIGANBAYAN- A special court tasked to handle criminal

cases involving graft and corruption and other offenses
committed by public officers and employees in connection with
the performance of their function or the so-called service-
connected duties
ROLE OF COURT
 
In its capacity as participant, the court must decide the
culpability or innocent of the accused after careful examinations
of the records of the case after its trial on the merit. If the
prosecution successfully proves the guilt of the accused beyond
reasonable doubt. The Court has no option but to render a
decision convicting the accused. On the other hand, if the
prosecution fails to show the guilt of the accused for
insufficiency of evidence he would be acquitted and or release
from prison if he is under detention unless he has another
pending case where he fails to post bail for his provisional
release.
CORRECTION 
The Corrections pillar undertakes the reformation and
rehabilitation of offenders for their eventual absorption into social
and economic steams of the community. 

The Bureau of Corrections, which is under the Department of

Justice, is responsible for the treatment and rehabilitation of national
prisoner who are serving sentence of more than three (3) years.

There are seven (7) Correctional facilities, located all over the
country, which are under the direct supervision and control of the
Bureau. They are as follows
The New Bilibid Prison
Located in Muntinlupa, Metro Manila
Constructed in 1936
Approximately 552 hectares
Has two (2) satellite
Camp Sampaguita - Medium Security

Camp Bukang Liwayway - Minimum Security

Has three(3) Security camps

MAXIMUM SECURITY COMPOUND
Offenders whose minimum sentence is twenty (20) years
Sentence is under review of Supreme Court
Recidivist, escapees and under Disciplinary punishment
MEDIUM SECURITY COMPOUND
Offenders whose minimum sentence is below 20 years
First time offenders originally classified under maximum
security who have served five years of good conduct.

MINIMUM SECURITY COMPOUND

An open camp with less restriction
Offenders who are sixty five (65) years old and above
Offenders who are medically certified as invalid and
physically disabled
Offender whose remaining period in their sentences is at
lease 6 months
CORRECTIONAL INSTITUTION FOR WOMEN
Located in Mandaluyong City
The only prison facility for National female convicted prisoners
Established in 1931
Measures 18 hectares
IWAHIG PRISON AND PENAL FARM
Located in Iwahig, Puerto Princesa City, Palawan
Established on November 16, 1904
Measures 36,000 hectares
Divided into four (4) sub-colony
Sta. Lucia sub-colony
Inagawan sub-colony
Montible sub-colony
Central sub-colony
SAN RAMON PRISON AND PENAL FARM
Located in Zamboanga del Sur
Established in 1870 by Capt. Ramon Blanco of the Spanish Royal Army, and was
named after Capt. Blanco’s father’s patron saint
Established for political prisoners
Measures more than 1,530 hectares
Has three (3) security: minimum, medium, and the maximum

DAVAO PENAL COLONY

Located in Tagum Davao del Norte
Established on January 21, 1932
Measures 15 hectares
Has 2 sub-colonies
Panabo
Kapalong
Has only two levels of security: minimum and medium
SABLAYAN PENAL COLONY AND FARM
Located in Sablayan San Jose, Occidental Mindoro

Established on September 27, 1954

Measures 16,000 hectares

Has 4 sub-colonies
Central

Pasugul

Pusog

Yapang

LEYTE REGIONAL PRISON

Located Abuyog, Leyte

Established on January,16 1973

Has three (3) security: minimum, medium, and the maximum

CLASSIFICATION Of PRISONERS
ACCORDING TO STATUS:
DETENTION PRISONERS (detainees)
Those held for security reasons; held for investigation; those awaiting final
judgment; those awaiting trial
SENTENCES PRISONERS (Inmates)
Those convicted by final judgment

ACCORDING TO SENTENCED / FOUR MAIN CLASSES OFPRISONERS

INSULAR NATIONAL PRISONER

One who is sentenced to serve in prison term of 3 years and 1 day to death.
PROVINCIAL PRISONER
One who is sentenced to serve in prison term of six (6) months and one day to
three years.
CITY PRISONERS
One who is sentenced to serve a prison term of one day to three (3) years.
MUNICIPAL PRISONERS
One who is sentenced to serve a prison term of one day to six (6) months.
DEFENITION OF TERMS
DETAINEE- a person detained for the violation of law or ordinance and has not yet
been convicted.
JAIL- It is a place of confinement for person awaiting courts action and the
convicted offenders serving short sentences.
LOCK UP – It is a security facilities operated by police units for its temporary
detention of persons held for investigation.
MITTIMUS – a warrant issued by the court bearing its seal and the signature of the
judge directing the jail or prison authorities to receive the convicted offender for
service of sentence impose therein.
PARDON- an act of grace and a sovereign power inherent in the state, which
exempts the individual, form the punishment, which the law imposes for his crime
PAROLE - the conditional release of a person from jail/prison prior to the full
service of his sentence on his own recognizance.
PRISONER – a person confined in jail to serve a prison sentenced after conviction
by a competent court of authority.
PURPOSES OF CORRECTIONS AND SENTENCING
DETERRENCE –The doctrine of deterrence shows the aim of the
state to prevent crime in order to have a peaceful society. Whatever
the opinion of some authorities to the contrary, it cannot be denied
that this doctrine has preventive effect to criminal activities
compared to other social restraints.
REHABILITATION – In the process to help the criminals to adjust to
society and to avoid deviant behavior several measures were
undertaken to rehabilitate them. A program of activity directed at
restoring a convicted offender’s self respect, thereby making him a
law- abiding citizen after service sentence. To cite a few, this is
vocational training, counseling, and therapeutic treatment. A
program of activity directed
REINTEGRATION – This is similar to the rehabilitative model in the
sense that it considers the offenders need for assistance and this is the
process of preparing convicted offenders with their re-entry into the
community after service of sentence.

ISOLATION OF PRISONER – There is a wide consensus to insulate

the criminals from the law- abiding citizen so as not to pollute them.
In modern times in order to attain this idea of isolation led to the
building of prisons and penal colonies geared to protect the members
of society from the influence of the lawless elements.

PUNISHMENT - an accused found guilty of an offense in the

Philippines may be convicted with the following penalties.
CAPITAL PUNISHMENT

DEATH

AFFLICTIVE PENALTIES

RECLUSION PERPETUA – 20 years and 1 day to 40 years

RECLUSION TEMPORAL – 12 years and 1 day to 20 years

PRISION MAYOR – 6 years and 1 day to 12 years

CORRECTIONAL PENALTIES

PRISION CORRECIONAL – 6 months and 1 day to 6 years

ARRESTO MAYOR – 1 month and 1 day to 6 months

LIGHT PENALTIES

ARRESTO MENOR – 1 day to 30 days

KEY AGENCIES RESPONSIBLE FOR INSTITUTIONAL
CORRECTION
BUREAU OF CORRECTIONS

It is tasked for the treatment and rehabilitation of National

Prisoners, which is under the Department of Justice 

PROVINCIAL JAIL

They are under the administration and supervision by their

respective provincial government (sec. 61 RA 6975)

BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

It shall exercise supervision and control overall city and

municipal jails (sec. 61 RA 6975)
COMMUNITY
COMMUNITY it 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 victims’ rights case. The
“community” has a significant role to assume in all the phases of
judicial involvement of offender as well as the protection
process: the prevention of abuse, cruelty, discrimination and
exploitation, assistance of offenders who enter the criminal
justice system and the acceptance of the offenders upon his
reintegration into the community after he goes out of
Correctional.
 

It is a unique feature of the Philippine Criminal Justice

system to have the Community as its fifth pillar. The community
in this context refers to the elements that are mobilized and
energized to help authorities in effectively addressing the law
and order concern of the citizenry Community involvement in
the criminal justice process is institutionalized in the barangay,
the smallest political unit of the nation. Barangay or village
courts to provide for the amicable settlement of disputes by
conciliation panels chosen by litigants themselves. The
conciliation body is the “lupong tagapamayapa”.
Creation of Police Community Relations
The Police Community Relation Unit is created to established
harmonious relationship between the police and the citizen. The
community involvement in criminal justice system is necessary to
shows its problems and to encourage action for the solution thereof.
It is clear that the police and the citizen need each other to combat
and eradicate criminality.
Participative Law Enforcement
It is known as the Community oriented Policing System. In its
application in the Philippine setting it has wide application in the
PNP particularly in urban areas. This is a concept which involves
teamwork with the citizenry in combating crimes and prevention of
delinquency in the community.
PEOPLES LAW ENFORCEMENT BOARD
(PLEB)
The PLEB shall “hear and decide citizens complain or
cases filed before it against erring officers and members of
the PNP”.

“Where the offense is punishable by withholding of

privileges, restriction to specified limits, suspension or
forfeiture of salary or any combination thereof for a period
exceeding thirty days or by dismissal”
.
COMPOSITION OF PLEB
Any member of the Sangguniang Panlunsod/Bayan
chosen by his respective Sanggunian.
Any Barangay Captain of the City or Municipality
concerned chosen by Associaotion of Liga of Barangay
Captains, and
Three (3) members one of whom must be a women,
another must be a member of the Bar in the absence of a
Lawyer a College graduate or the Principal of the Central
Elementary School in the locality.