Introduction to Criminal Justice System Boiling water ordeal: The person needs to dip

their hand in the boiling water or the person

Criminal Justice System is the machinery used needs to get something from the boiling water.
by the society to prevent and control Blister examination. Painless = Innocent
crime. It is a tool of a Democratic Government
to protect the society against criminality and CESARE BECCARIA
other peace and order problem. - The father of classical Criminology
- Book “Essays of Crime and Punishment”
Tool: “Process in which different government
Prevention - (pro-active response) Deter the agencies should collaborate in coming up with
occurrence of crime a system that would now settle any form of
Control - (reactive response) lessen the crime in the society.”
number of crimes in the society
Ways of Attaining Justice
In theory, Criminal Justice System is an At present, we have different ways of attaining
integrated apparatus that is concerned with justice:
the following; apprehension, prosecution, trial, • Pillars of Criminal Justice System
conviction, sentencing and rehabilitating or - Law Enforcement (prime mover)
correcting criminal offenders. - Prosecution
- Court
The process is the totality of the activities of law - Correction
enforcers, prosecutors, defense lawyers, judges - Community
and correctional institutions, as well as those of • Katarungang Pambarangay Law;
mobilized community in crime prevention and - Barangay level form of justice
control. • Juvenile Justice System;
- Provided by R.A 9344: The Juvenile
Basically, the Criminal Justice System in the Justice Welfare act (Specifically applied
American context is initially made up of three to minors)
key components – the police, the court and - Exemption of minors from the
the corrections. prosecution or from punishment
- Specific program/procedure, where
Criminal Justice System in the Philippines was minors are involved
expanded to achieve its objectives - - Together with: PD 603, Child and youth
prevention and control of crimes. welfare code, and R.A 9344

IF THE PERSON WHO COMMITED THE

EARLY FORM OF DISPUTE SETTLEMENT CRIME:
Trial by ordeal - Is above 15 but below 18 years, and
• The person will be subjected to a certain acted with discernment, that person or
task. Winning or loosing that challenge minor will undergo diversion program
will determine whether the person is - Is above 15 but below 18 years, and
guilty or not of that crime acted WITHOUT discernment, that
person or minor will undergo and
• Dei Indicum – Gods Will/Miraculous intervention program
Decision. Based on the principle of - If the minor is below 15, and
Judicium Dei, the innocent is guided by committed a crime, whether with or
good spirit. without discernment, the person will still
go under an Intervention Program (not
tried like the adults)
 - Diversion, or Intervention Program, 3. Misdemeanor or Delinquency - Any act
DSWD houses which is in violation of simple rules and
regulations. (Mala Prohibita)
If the child who acted with discernment,
undergoing diversion progmram, doesn’t show Features of Criminal Law:
any remorse the moment he is in the bahay 1. Politicality - Laws are inacted/constructed
pag-asa, the child will serve the original by political authorities.
sentence imposed upon reaching 18 or 21, 2. Specificity – Law are Précised in stating on
(depending on the recommendation of the what must be done.
social worker) 3. Uniformity - Equal to all persons.
4. Penal Sanction - Provides punishment.
• Restorative Justice System; and
- Reparation without resorting to court Characteristics of Criminal Law
(peace reparation)
- Opposite of retributive justice system 1. Generality - Penal law is binding to all
(punishment) persons reside/sojourning in the Philippines.
• Cultural Communities EXCEPTIONS:
- Different beliefs of cultural - Treaties: Any international agreement,
communities that they are applying to interred into by the Philippines
settle a dispute in the community - Law of Preferential Application:
Provides for immunity.
CORDILLERA 1. Immunity to president- During
Budong- Kalinga: Mediation Process, they the term of office of our resident, he is immune
accuse together with the victim. Settles case from any prosecution.
based on the parameters of the victim 2. Parliamentary immunity-
Pitchen- Mountain Province: Members of the congress, senates are also
tungtong- Ilocano immune
3. Diplomats and Consuls-
Philippine law is not applicable to them.
Definition of terms Provided that same treatment will be
applicable to our diplomats and consuls.
Crime - It is an act or omission punishable by Provided that the country of origin also
law. exercises the same rule with our diplomats and
Act - Any bodily movement tending to consul. Principal of Reprocity
produce some effect. - Principles of Public International Law:
Omission - It refers to the failure to perform a Applicable to sovereign and ambassadors
specified act. Provides Immunity to sovereigns and
Criminal Law - A branch of law that defines ambassadors
crimes, treats of their nature and provides for Immune Exemptions:
their punishment. - Sovereign and Chiefs of State
- Bases of all definitions of crime - Ambassadors, ministers
- Classify crimes. Against Person, plenipotentiary, ministers and charge’s
Property, Chastity d’affaire
- Official Retinue/Entourage
Types/Classification of Crime 2. Territoriality – Answers the question (where?)
1. Felony - Any act punishable by the Revised Penal law is applicable to all the crimes
Penal Code of the Philippines. (Mala in se) committed within the jurisdiction of the
2. Offense - Any act punishable by Special Philippine territory.
Penal Laws. (Mala Prohibita) Fluvial- Water
 Aerial- Air Legislative- Law making body, refers to the
Terrestrial- congress
EXCEPTIONS: Art 2, RPC - Extra-territoriality - The upper house (composed of the senate)
1. Crime committed on board a Philippine - The lower house (house of representative
Airship or Vessel; Just- Moral Righteousness and Fairness, and
2. Forging/ Counterfeiting any coin/ morally upright. Obligatory that it is mandated
currency of the Philippine or Obligation
and securities issued by the Philippines; Criminal
3. Introduction of the above mentioned - A person convicted by a competent
into the Philippine ports; authority/court in violation of the criminal law.
4. Crime Committed by the public officers - A person can be considered a criminal under
or employees while in the exercise of the following circumstances:
their functions; - The Star/Celebrity in criminal case or process
5. Crime against National Security and - Known better rather than the victim
Laws of Nation
1. He must have committed a crime.
3. Prospectivity – Based on the legal maxim: 2. He must have been apprehended and
“Lex prospicit non respicit” = “The law looks investigated by the police or law enforcers.
forward, not backward.” 3. By virtue of sufficient physical evidence and
Otherwise knowns as Irretrospectivity testimonies of witnesses, he must have been
Penal law cannot be applied retroactively. arrested.
Penal law cannot make an act 4. Due to the presence of prima facie
punishable in a manner in which it was not evidence, the case was remanded to the
punishable when committed. court by the prosecutor for trial.
EXCEPTIONS: 5. There was arraignment.
- Retroactivity *only applicable if it favors the 6. There was trial.
accused* 7. The offender was found guilty.
Exception to the exception: 8. A sentence was rendered by the court.
No retroactivity 9. The convict was confined in prison.
1. Habitual Delinquent: refers to 10. The convict has fully served his sentence in
any person if within a period of ten (10) prison.
years from the date of his release or last
conviction of the crime of any of the • Suspect - It refers to a person who allegedly
following, serious or less serious physical committed a crime. It is a term used to refer to
injuries, robbery, theft, estafa or a person who is undergoing criminal
falsification, he is found guilty of any of investigation. Under the custody of a law
the said crimes a third time or often enforcement agency.
2. Law provides for it
• Respondent- If the person is under the
Law prosecution pillar. A person facing an
- The Do’s and Dont’s administrative case.
- The rule of conduct, just and obligatory
promulgated by a competent authority (made If the prosecution was not able to establish
by people with authority to do so), for the probably cause, it means that there is no crime
(everyone living in our country) common committed, they are going to dismiss the
observants and benefits complaint.
- The law is made in order for the people to
benefit or gain something from the creation of
the law, which is to gain safety and security
• Accused - A person who was formally System – A combination of related elements
charged in court for the commission of an (pillars) organized into a complex whole.
offense. - To work hand by hand, to help each other
-It refers to the orderly combination or
• Convict- The person under the correction arrangement, as of parts or elements, into a
pillar, who is serving his sentence whole; specifically, such combination
according to some rational principle; any
• Ex-Convict- Once the person had served the methodical arrangement of parts.
sentence and reintegrated back in the
community PCJS PILLARS ACJS PILLARS
- aka: A Graduate of Penal Institution Law Enforcement Law Enforcement
Prosecution
Court Court
Correction Correction
Community

ACJS
• Prosecution is embedded in the law
enforcement
• Jury System- Composed of community
members (the jury itself) will be the one to
decide for the case.
Victim - Forgotten person in the Criminal
• Community is under the Court system
Justice System because most of the attention is
provided unto the criminal
Criminal Justice System - A Machinery used by
the government to prevent and control crimes.
Why we can’t call the alleged as a Criminal
Presumption of Innocence- A person is
Goals of CJS
deemed innocent until contrary is proven
1. Prevention of crime.
2. Protect members of society against crime.
Justice – Act of rendering what are due and
3. Maintain peace and order.
treating persons equally. It connotes equality in
4. Suppression of criminality.
the application of laws. According to the
5. Review the legality of existing rules and
Supreme Court of the Philippines, justice is
regulations.
symbolically represented by a blindfolded
6. Rehabilitation and reformation of offenders.
woman, “Lady Justicia” holding with one hand
a sword and with the other, a balance,
The Law Enforcement Pillar
meaning thereby that it is administered without
respect to persons, equally to the poor and the LAW ENFORCEMENT
rich.
- It is considered as the prime mover of the
Lady Justicia:
Criminal Justice System. Law enforcement is a
• Sword: Justice is the victor, Raising the
deterrent and preventive activity.
sword means victory
- It consists of patrolling to supervise conduct,
• Blindfold: Impartial Judgement
investigating to identify offenders and/or
• Scale: balanced Opinion
recover stolen or missing property, warning or
arresting those who are probably guilty of
criminal behavior, and assisting in the
prosecution and trial of offenders. Its goals are
aimed towards the prevention and disorder, 6. Economic and Intelligence and Investigation
preservation of peace, and the protection of Bureau (EIIB)
life, properties and individual freedom. 7. Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)- Water safety
Navy- Marine Security
- The Police (Law Enforcement) stand at the 9. Marine Industry Authority (MARINA)
forefront of the Criminal Justice System. Law 10. Bureau of Forest Development
Enforcement is a deterrent and preventive 11. Department of Agriculture (DA) - BFAR, BPI,
activity. It consists of patrolling to supervise etc.
conduct, investigating to identify offenders 12. Air Transportation Office (ATO)
and or recover stolen or missing property, 13. National Telecommunications Commission
warning or arresting those who are probably (NTC)
guilty of criminal behavior, and assisting in the 14. Bureau of Product Standards (BPS)
prosecution and trial of offenders. Its goals are HISTORY OF POLICE FORCES
aimed towards the prevention of crime and
disorder, preservation of peace, and the - Police is the agency of a community or
protection of life, properties and individual government that is responsible for maintaining
freedom. public order and preventing and detecting
- A large number of government agencies are crime. The basic police mission — preserving
involved in law enforcement one way or order by enforcing rules of conduct or laws —
another. The kind and degree of involvement was the same in ancient societies as it is today
vary from general and specific law in sophisticated urban communities.
enforcement to enforcing standards and
regulation pertaining to particular government - The term police originated from the Greek
activities. word “politeia”, which means government of a
- In the Philippines, the law enforcement city. The term was used to describe the group
function is spearheaded by the Philippine of civil officers governing the city and not
National Police (PNP), the Department of the necessarily the armed men guarding/policing
Interior and Local Government (DILG), and the the city. When the Romans conquered the
National Bureau of Investigation (NBI) under Greeks, they changed the word slightly to
the Department of Justice (DOJ). “politia”.

PHILIPPINE NATIONAL POLICE - The French changed the word to “police”

• Primary law enforcement agency in the and used it to those authorized people who
country actually enforce the law. The English and the
• Implements the criminal law, revised Americans borrowed the word from the French
penal code, different special penal laws and used it to describe a law enforcement
officer.
In addition to these government offices, there
are other agencies tasked with enforcing - Cop and constable are terms with similar
special laws. Among these are: meaning to the word police. The word cop is
commonly used to describe a police officer.
1. Police Anti-Crime Emergency Response This word most likely came from the European
Team – (PACER) word cop, meaning to catch or seize.
2. Bureau of Internal Revenue (BIR)- Taxation,
Internal revenue, BASIC LAWS OF PNP
3. Land Transportation Office (LTO) • Republic Act 6975 – DILG Act of 1990
4. Bureau of Customs (BOC) - Created Tribureau (PNP, BFP, BJMP)
5. Bureau of Immigration (BOI / BI)- Immigrants
 • Republic Act 8551 – Amended 6975, • Continental - Police officers are servants
PNP Reform and Reorganization Act of of a higher authority
1998
- Qualification of a PNP applicant Concepts of Police Service
- Waiver Program Effectivity- The ability to produce expected
- NBI, under DOJ outcome
- Sensational cases Efficient- The state or quality of being effective

APPROACHES: • Old Concept- The yard stick of police

Common reaction of law enforcement efficiency is on the number of arrests.
agencies towards criminality or violation to the The higher the arrest = the more efficient
law they implement they are
• Modern Concept- The yard stick of
1. PROACTIVE police efficiency is on the absence of
- Anticipation of a crime crime. Lessening the crime rate
2. PREVENTIVE
- Avoiding the crime “Crime CANNOT be eradicated”
3. REACTIVE “Crime is part of our community”
- Reacting/responding to a crime which
happened already Both have lapses, loopholes.
Modern- Crime rate/ statistics: Are all crimes
WHAT IS A POLICE? being reported?”
Etymology: Old- Number of arrests. Is all arrested person a
• Politeia - GREEK WORD: Government of criminal? Might be alleged.
a city, after the roman conquered
Greece and created CHARACTERISTICS OF THE PNP
• Politia – “Order of the City” - Single Police Force
• Police – FRENCH: - CIvillian in Character (Not military in
• Pulis – Filipino nature, cause they are dealing with the
community/citizen
Who is a police? - Internal Security, Peace and Order
• The law itself, because they implement - National in scope, you are a police
the law officer of the nation
• As a law enforcer, one must know the - Supervised and controlled by National
law he is implementing Police Commission (Unattached
• As an agency: A group of well-trained Agency from the DILG
personnel with a common goal, to
maintain peace and order, public • Philippine Constitution (PhilCon)-
safety, protection of lives and properties Considered as the bases of all law/
“Saligang Batas”
KINDS OF POLICEMAN • Some laws are UNCONSTITUTIONAL, not
Traditional- Diligent police bases on PhilCon
Contemporary- Arrogant police • Provided “Our country should have a
single police force”
Theories of Police Service
• Home Rule – Police officers are servants Broad Goals of the PNP
of the community, Public servants, 1. Prevent and control crimes.
serves the people 2. Maintain peace and order.
3. Ensure public safety and security.
According to Anomi Theory – Crime is an 4. Investigate and prevent crimes, effect the
important ingredient to a healthy society arrest of criminals, bring offenders to justice
“its not normal for a community if it doesn't and assist in their prosecution
have crime” 5. To assist other national government
agencies, instrumentalities and subsidiaries in
Sub Goals of the PNP the enforcement of laws pertinent thereto
1. Reduce the level of criminality and crime upon proper request and or deputization.
rate into a desirable social level. “As long as 6. Detain an arrested person for a period not
crime is not rampant to a society then it is beyond what is prescribed by law.
desirable”
2. Improve crime solution efficiency. Administrative Functions of the Police
3. Maximize linkages with other components of
CJS and international law enforcement 1. To ensure licenses to possess a firearm and
agencies. explosive, as well as permit to carry firearm
- InterPol (Largest International Law outside residence.
Enforcement Agency). AsianaPol and Europol. 2. Supervise and control the licensing, training
(International Criminal Police): Tries to and duties of security guards and security
coordinate different law enforcement bodies. agencies.
You should be a member to coordinate. 3. Perform other task maybe provided for by
4. Enhances the credibility of law enforcement law.
organizations.
Police Operations
“It is the duty of the PNP to enhance their
credibility to the public” 1. Prevention of crime.
2. Repression of criminality.
POLICE COMMUNITY RELATION 3. Apprehension of Criminals.
The way the PNP deal with the community 4. Recovery of stolen property or protection of
life and property.
• Public Information Program 5. Regulation of non-criminal conduct.
• Public Relation Program (building a 6. Perform other miscellaneous services.
good image by performing well)
• Civic Action Program (Different activities
toward the community. Police officers ROLE OF THE POLICE IN THE SYSTEM
are friends and partners of the
community) 1. To arrest the suspect
• Mass Communication Program (The a. By virtue of a warrant of arrest issued by a
Influence towards the opinion, attitude judge on the basis of evidence submitted by
and the behavior of the community) them.
b. Under circumstances justifying a warrantless
Statutory Power of Police arrest (Sec. 5, Rule 113, Rules of Court).

1. Enforce all laws and ordinances relative to 2. To conduct investigation - The police may
the protection of lives and properties. conduct surveillance, interview persons with
2. Maintain peace and order and to take all knowledge of facts directly or indirectly
necessary steps to ensure public safety. connected with the offense, take photographs
3. Exercise the general powers to make arrest, (surreptitiously or otherwise), arrange to
search, and seizures in accordance with the constitutional and statutory safeguards,
constitution and pertinent laws. examine public and other available records
pertaining to the persons involved and get manner that they will behave in accordance
copies of pertinent entries. with the law.
3. To gather and preserve evidence
4. To transmit the records of the case to the Police Discretion - It is the wise use of one’s
court/prosecutor judgment, personal experience and common
5. To appear and testify in court sense to decide a particular situation.
- Abuse of discretion resulting to injury to
persons or damage to property is punishable.
Theories of Police Service So the police must be guided by some basic
1. Home Rule - Policemen are considered as concepts such as COMMON SENSE, PERSONAL
servants of the community. EXPERIENCE, and SOUND JUDGMENT.
2. Continental - Policemen are considered as
servants of higher authority. Problems Arising from Unregulated Discretion

Concept of Police Service 1. It lacks uniformity for implementation

1. Old Concept The yardstick of police 2. It may be discriminatory
efficiency is the number of arrest. Police is a 3. It foster police corruption in victimless crimes
repressive machinery in crime prevention. 4. It converts the law into a personal instrument
2. Modern Concept The yardstick of police of social control through the socalled "sidewalk
efficiency is the absence of crime crime/lesser justice."
number of crimes committed.
ARREST, SEARCH AND SEIZURE
Police Community Relation - It is the sum total
of dealing of the police with the people it Law Enforcement Pillar “Arrest”
serves and whose goodwill and cooperation it
craves to ensure the greatest efficiency in the ARREST
police service. ARREST - is the taking of a person into custody
in order that he may be bound to answer for
Coverage of Police Community Relation the commission of an offense. Only Valid with a
warrant of arrest
A. Public Information Program - This evolves
upon the concept of keeping members of MANNER OF CONDUCTING ARREST - An arrest is
society informed so that they will appreciate made by actual restraint of a person to be
and understand the complexity of police work arrested, or by his submission to the custody of
and the services rendered by our men. the person making an arrest. The arresting
enforcer must inform the person of his rights
B. Public Relation Program - Focused on
building a good image for the police WARRANT OF ARREST – Warrant of arrest is an
organization through actual performance order in writing issued in the name of People of
without inefficiency and corruption. the Philippines, signed by the judge and
directed to a peace officer, commanding him
to arrest a person or persons stated therein and
C. Civic Action Program - This impart to the deliver them before the court.
people that police are their friends and the - Can be served on any day and any
partners as well as their defenders. time of the day and night (24/7)

D. Mass Communication Program - It is The requisites of a valid warrant of arrest are

designed to influence the opinions, attitudes, the following:
behaviors and emotions of the public in a a. It shall be issued upon probable cause;
b. The probable cause is determined SEARCH & SEIZURE
personally by the judge upon examination
under oath or affirmation of the complainant SEARCH- Refers to the process of examination
and the witnesses he may produce; and of a person’s house, premises, or person, for
c. Particularly describing the person to be purposes of getting evidence. Locate, Look for
arrested. (Sec 2, Art 3 of the Philippine
Constitution) SEIZURE- Refers to the confiscation of those
items under the search warrant
LIFE SPAN OF WARRANT OF ARREST
SEARCH WARRANT-Is an order issued by the
• Is lifetime, unless lifted or served its court or by a judge directing a peace or
purpose. As long as the person stated in police officer to search for a particular place
the warrant of arrest is not arrested, it and seize a particular item.
shall remain valid even if several years • Only valid within 10 days, get another if
already lapsed. However, the head of expired
the office to whom the warrant of arrest • Accordance of the security of the
was delivered for execution shall cause person
the warrant to be executed within ten
(10) days from its receipt. Within ten (10) GENERAL WARRANT- A warrant that does
days after the expiration of the period, provide a particular place and item to seize
the officer to whom it was assigned for - Also considered a void warrant
execution shall make a report to the - Invalid warrant- cannot be used
judge who issued the warrant. • If the police officer had violated or had
abused once authority in serving such
Instances of Warrant of Arrest to be Lifted warrant
• once the person was already arrested - It will invalidate the search
• If the person to be arrested died
INSTANCES OF VALID WARRANTLESS SEARCH
WARRANTLESS ARREST 1. Consented Search- The person gave
- A peace officer or a private person may, consent/permission to be searched
without a warrant, arrest a person: 2. Search Incidental to Lawful Arrest- The
person was lawfully arrested, thus the
INSTANCES OF WARRATNLESS ARREST person will undergo search
a. In flagrante Delicto- When, in his presence 3. Emergency Search- Is conducted during
the person to be arrested has committed, is national emergency (terrorism, act
actually committing or is attempting to commit against the government)
an offense. 4. Plain View Doctrine- As seen by the
b. Hot Pursuit/Fresh Pursuit- When an offense naked eye, seizure in valid
has in fact just been committed and he has 5. Search of a Moving Vehicle- Always
personal knowledge of facts indicating that only limited to visual search. Through
the person to be arrested had committed it; checkpoints. Only applicable to
c. Escapee Rule- When the person to be government agencies
arrested is a prisoner who has escaped from a 6. Custom Search- In relation to tariff law.
penal establishment or place where he is The only agency that can conduct this
serving final judgment or temporarily confined is the Bureau of Customs
while his case is pending or has escaped while 7. Stop and Frisk- aka. Terry search.
being transferred from one confinement to Controversial. A police officer can stop
another. a person who looks suspicious and
 conduct frisking. Based on probable C. Not authorized a person to change
cause. residence

COMMON VIOLATION OF LAW ENFORCERS VIOLATION OF DOMICILE

- Private citizen into a property
LEGAL GROUNDS: Provided by the Law - Committed by a public officer
1. There is a crime committed ELEMENTS OF VIOLATIONS
2. Insanity. Detained a person who have • Entered the property without permission
insanity period to protect the public of the owner
against him • Entered the dwelling against the will of
3. Any illness that requires confinement the owner
• Searched several papers or effect
Arbitrary Detention found in the area without consent
• Arbitrary detention without legal • You refuse to leave the premises.
grounds (ART 124 RPC)
- Who: Public Officer or Employee
- How: Detention without legal grounds **Not all public officers or employees are
• Arbitrary detention by delaying the authorized to conduct arrest or detain a
delivery of detained person to the person.
proper judicial authority (ART 125)
1. Public Officer or Employee
2. He detained a person from some
legal grounds
3. He fails to deliver such person to the
proper judicial authorities within:
a) 12 hrs for light penalties
b) 18 hrs for correctional
penalties
c) 36 hrs for afflictive or capital
penalties
• Arbitrary Detention by delay in the
release (ART 126)
ACTS PUNISHABLE:
- Delayed the performance of judicial or PROSECUTION
executive order for the release of a
prisoner HISTORY OF PROSECUTION
- Unduly delaying the service of the
notice of such order to said prisoner Jurisprudence – It refers to the science or
- Unduly delaying the proceeding upon philosophy of law
any petition for the liberation of such
person Statutes – This refers to laws enacted. Any
written law by the legislative body Ex. Special
EXPULSION: Penal Law, Revise Penal Code, Batas
Pambansa
A. Offender is public officer or employee
B. He either –
Case Laws – It refers to the decision of the
1. Expels a foreigner from the Philippines court that form part the laws of the Len? Tf this
2. Compels a person to change mf talking about. NOT enacted laws. They are
residence decisions of the supreme court that form parts
of our law
 Ex. There is no thing such as frustrated arson often caused the prosecution to be carried out
thus arson could either be attempted or in a zealous quest for vengeance.
consummated.
Miranda Rights – rights of a person undergoing Originally all crimes were torts; thus in early
a custodial investigation common law, any injury, whether to person or
Custodial Investigation – Questioning done by property, was a tort. (A tort today is an injury to
a police officer to a suspect
an individual that is not an offense against the
state). The historical custom of victims-
Common Law – This refers to unwritten laws. It
has something to do with practices and prosecutors led to so much feuding that
principles used before eventually the English King took over the
obligation of punishing each offender, the
Torts – refers to violations against a private original declaration or concept being known
individual as the king’s peace. From this time on, any
Victim-prosecutor – The victim will act as the conduct that resulted in an injury to person or
prosecutor or representative of himself property was considered an offense against
Vengeance prosecution system – the king’s peace. Later, the injury was
Attornatus – This refers to special attorneys considered an offense against the state.
appointed by the king. Representative of the
people or a person who appears for another During the reign of Edward IV (1461-1483),
person as their pleaders. William Husse was appointed attorney general
of England.
William Husse – First appointed attorney
general of England Henry VIII (1509-1547) eliminated the
vengeance prosecution system and in its stead
Sergeants – This refers to people who acts as
provided a system of “sergeants”, who were
police prosecutors who will enforce penal
statutes required to act as police prosecutors and to
enforce penal statutes. These sergeants were
- The origin of the office of the prosecutor is later to become well trained in the law.
found hundred of years ago in the
jurisprudential development and the common PROSECUTION DEFINED
law of England. In the middle ages, the King
has attorneys, sergeants, and solicitors to - Prosecution is the process or method whereby
perform some of the functions of the modern accusations are brought before the court of
prosecutor. Before the thirteenth century, the justice to determine the guilt or innocence of
king appointed special attorneys to prosecute the accused.
criminal cases. The general term attornatus was
used in England official documents in the Serving as the lawyer of the State/government
Middle Ages to mean anyone who appeared in criminal cases, the prosecutor is
for another as a pleader, attorney, or essoiner. automatically considered an officer of the
court; at the same time, he is formally a
The earliest laws of England defined crimes as member of the Department of Justice, under
being committed against a particular the Executive branch of the Government, and
individual, not against the state. The original thus independent from the judiciary.
prosecutor was a victim or an individual
representing a victim who stepped forward The prosecution service is made up of
personally to initiate the prosecution of the Provincial and City Public Prosecutors under
alleged offender. The fact that the injured or the National Prosecution Service (NPS). They
aggrieved were their own advocates quite perform to types of prosecutorial powers;
investigatory and prosecutory such as:
 Automatically considered as the officer of the
They evaluate the police findings referred to court. He is a member of the Department of
them, or other complaints filed directly with Justice under the executive branch of the
them by individual persons (e.g. government government.
officers in charge of enforcement of law
violated); What is Criminal Action?
They file corresponding INFORMATION OR - A criminal action is one by which the state
CRIMINAL COMPLAINTS in the proper courts on prosecutes a person for an act or omission
the basis of their evaluation of the proofs at punishable by law.
hand; and They prosecute the alleged - A criminal action is commenced by the filing
offenders in court, in the name of the People of a complaint with the City or Provincial
of the Philippines. Prosecution Office or with the Municipal Trial
Court or Municipal Circuit Trial Court. However,
PROSECUTE criminal action for an offense committed within
Metro Manila, may be commenced only by
To commence and carry on a criminal action the filing of a complaint with the Prosecutor’s
or lawsuit in the name of the People of the Office.
Philippines.
To bring suit against for redress of wrong or What is a Complaint?
punishment of crime. - A complaint is a sworn written statement
To seek to enforce or obtain, as a claim or charging a person with an offense subscribed
right, by legal process. by the offended party or any peace officer or
To begin and carry on a legal proceeding. any employee of the government charge with
the enforcement of the law being violated.
THE PROSECUTOR AND THE POLICE
A complaint will be filed under the
1. Prosecutorial discretion typically enters the prosecution office if the penalty of the crime
picture immediately after the arrest, when the committed is at least 4 years, 2 months and 1
police investigative reports are forwarded to day lower than this one will directly be in
the prosecutor for review. court
2. The prosecutor screens and evaluates the Warrantless Arrest =
Inquest proceeding – Examination or
document in order to decide whether to
proceeding to determine the validity of the
accept or reject the case for prosecution.
arrest. Only conducted if warrantless arrest
3. The action of the prosecution is dependent
If found NOT Valid – They will Dismiss the
upon the police initiatory action, whereby the complaint
criminal justice system relies on the: If Valid – Conduct preliminary investigation
a) certainty of the arrest by the police
b) certainty of conviction by an effective * If the prosecutor finds out that the arrest is
prosecution valid, he may order further detention of the
c) certainty of appropriate sentencing by the arrested person and the filling of information
court before the proper court
* If the prosecutor finds out that the arrest is
Who is a Prosecutor? not valid, he may order the release of the
- A prosecutor is a person responsible in person arrested upon signing a Promise to
evaluating evidences presented before him. Appear
Promise to Appear – An agreement between
the prosecutor and the arrested person that
What are the roles of a Prosecutor?
the latter must voluntarily show himself
- They serve as the lawyer of the state or the
whenever required to do so by the former to
government in any criminal case. make some clarification relative to his arrest
 Preliminary Investigation – An inquiry for the
purpose of ascertaining whether or not Who is an offended party?
probable cause is present. Must be At least 4 - The offended party is the person against
years, 2 months, and 1 day. (4:2:1) whom or against whose property the crime
was committed.
Probable Cause is the existence of sufficient
ground to engender a well-founded belief
What is Information?
that: a. A crime has been committed; & b.
The respondent is probably guilty thereof - Information is an accusation in writing
charging a person with an offense subscribed
When may an arrested person ask for by the prosecutor, and filed with the court.
Preliminary Investigation?
1. Before the filing of Complaint or Distinctions between Complaint and
information; or Information
2. Within 5 days from the time he learns 1. Complaint is subscribed by the offended
that a complaint or information is party, any peace officer, or other public officer
already filed against him in court charged with the enforcement of the law
violated; while Information is subscribed by the
Who may conduct P.I? prosecutor;
1. Provincial or city prosecutor and their
2. A Complaint is under oath; while an
assistants;
Information need not to be under oath;
2. National and Regional State
Prosecutors; and 3. A Complaint is filed with the court either for
3. Other officers as may be authorized preliminary investigation or for trial; while
by the law Information is filed with the court for trial.

What is Inquest or Inquest proceedings?

Inquest 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
Procedure in Conducting P.I persons should remain under custody and
correspondingly be charged in court.

Initial Duty of Inquest Officer

The Inquest Officer shall first determine if

the arrest of the detained person was made in
accordance with paragraphs a and b of
Section 5, Rule 113 of the Rules on Criminal
Procedure, as amended, which provide that
arrests without a warrant may be effected.

For this purpose, the Inquest officer may

summarily examine the arresting officer on the
circumstances surrounding the arrest or
apprehension of the detained person. Where
arrest not properly effected:
a. recommend the release of the person
arrested or detained;
b. note down the disposition on the referral
document;
c. prepare a brief memorandum indicating the
reasons for the action taken; and
d. forward the same, together with the record
of the case, to the City or Provincial Prosecutor
for appropriate action.