Republic of the Philippines

Southern Philippines Agri-business and Marine and Aquatic School of Technology

Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

CLJ121 MODULE 1

Learning Content:
: Introduction to Criminal Justice System
: Essence of Justice
: Concepts of Criminal Justice System
: Models of Criminal Justice System

What is Criminal Justice System?

- The machinery of the state or government which enforces the rules of

conduct necessary to protect life and property and maintain peace and order.
- The process of linking the five pillars of criminal justice system together so as
to achieve an interrelated scheme of reciprocal responsibilities in its approach
to community involvement.

Justice- The principle of dealing with fairness; equality in the application of law.
System- A process; a coordinated body of method; organized way of work.

In theory, Criminal Justice System

-is an integrated apparatus that is concerned with the following;
● apprehension,
● prosecution,
● trial,
● conviction,
● sentencing and
● rehabilitating or correcting criminal offenders

Goals of Criminal Justice System

Primary
• Protect members of society; and
• Maintenance of peace and order.

Secondary
• Prevention and control of crimes;
• The review of the legality of the preventive and suppressive measure;
• The judicial determination of guilt or innocence of those apprehended;
• The proper disposition of those who have been legally found guilty;
• The correction by socially approved means of the behavior of those who violate the
criminal law; and
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

• The suppression of criminal conduct by apprehending offenders for whom prevention

is ineffective.

People involved in the system (Parties to the criminal case)

1. Accused = The most pampered party in a criminal case.
2. Victim/complainant = The forgotten party in a criminal case.
3. People of the Philippines = The actual offended party.

What is Crime?
- It is an act or omission in violation of the criminal law (Sutherland and
Cresey)
- It is an act which is not in conformity with the accepted norms and standards
in a certain society (Keeper).

Different Perspectives about Crime:

▪ Crime, legal Perspective

- An act committed or omitted in violation of a public law forbidding or commanding it.

▪ Crime, Social Perspective

-An act of menacing or harming people’s lives, safety, morals and property.
- An act of man which destroys an ecological balance.

Breeding Group of Criminality

-Poverty ▪ Ignorance ▪ Injustices/Abuses ▪ Soft State ▪ Fear ▪ Lost Family Values

OTHER BASIC CAUSES OF CRIMES (Cirlio Tradio )

-Hatred ▪ Passion ▪ Personal Gain ▪ Insanity ▪ Revenge ▪ Unpopular Laws

What Calls for the operation of CJS?

- Crime is the event that calls for the operation of the CJS.
- When crime is committed, it disturbs the tranquility and harmony of the
society. Such events call upon the police to initiate police intervention by way
of investigation or apprehension of those who violate the law; the prosecutor
to prosecute the case; and the court to determine the guilt of the accused.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

Legal Principles or Maxims regarding Crime:

▪ “Nullum crimen nulla poena sine lege” There is no crime when there is no law
punishing it.
▪ “Actus non facit reum, nisi mens rea” A crime is not committed if the mind of the
person performing the act complained be innocent.
▪ “Actus me invito factus, non est meus” An act done by me against my will is not my
act.

Nature of Crime:

Mala en se
▪ Are those that are naturally criminal on moral grounds. Example: Murder and adultery

Mala prohibita
▪ It pertains to those acts that have been criminalized for regulatory purpose. Example:
Illegal Possession of Firearms and Ammunition.

In legal sense, what constitutes a crime?

▪ The act must be voluntary
- If the criminal act were shown to have been done involuntarily as when the
individual is forced to commit a criminal act against his will, the person cannot
be found guilty of the crime.
▪ It must be intentional
- Thus, otherwise criminal act that occurs by accident generally is not
considered crimes.
▪ It must be committed by a legally competent person
- Under the law certain persons are considered not capable of committing
crime, like the insane or those who are fifteen (15) years and below.
▪ The behavior that constitutes crime can be either an act of commission or omission
- Thus, one maybe guilty of a crime by doing something which is prohibited or
should be done (i.e. murder), as well as doing what the law should be done
(i.e. tax).

Note: A crime is an act that threatens the welfare of the society and is punishable by
judicial proceedings in the name of the state. Thus, crime is considered to be a crime
against the collective well-being of the society. In criminal proceedings, the offended
party or private complainant is merely considered as the primary witness of the state.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

In order to convict a person, the govt’ must show that:

 An act was committed, that at the time of its commission, was prohibited, or that
the accused failed to do something commanded by the law (act).
 That the accused did the act voluntarily and with full knowledge of what he or she
was doing (the crime must be committed with the concurrence of intent, freedom
of action, and intelligence, or by means of negligence or imprudence.
 That the act resulted from the intent (the concurrence of act and intent or
negligence or imprudence).
 That the act and intent caused something to occur that was offensive to the law
(causation); and
 That it caused some harm to society (result).

Criminological Classification of Crimes

▪ Source of enactment or Legislation:

• Felony – punishable by the Revised Penal Code (RPC);
• Offense – punishable by special laws; and
• Infraction of an ordinance – punishable by ordinances.

▪ Types of Victims:
•Women; • Elderly; and • child

▪ Types of Offenders:
• White-collar crimes - are crimes which are committed by persons of respectability and
of higher socio-economic class in the course of their occupational activities.
• Blue-collar crimes - are those crimes committed by ordinary professional criminal to
maintain their livelihood.
• Hate crimes – it refers to those acts of intimidation and violence designed to frightened
and intimidate persons who are undesirable by reason of race, religion, sexual
orientation or ethnic origin.

▪ The Object of the Crime:

• State; • Person; and • Property

▪ Method of Criminal Activity:

 Organized; • Accidental or negligence; and • Modus operandi

▪ Degree of Gravity:
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

• Light • Less Serious; and • Serious

FORMAL CRIMES
- Are crimes which are consummated at one instance. Examples: Felony by
Omission, False testimony in Court, and Slander.
MATERIAL CRIMES
- Are crimes which are not consummated by one (1) instance or by a single
act. Example: Attempted, Frustrated and Consummated Felonies.

CRIMINAL: CLASSIFICATION
▪ Criminological Sense
- A person may be considered as a criminal from the time he or she committed
the crime regardless whether or not it has been referred or reported to the
police for investigation.
▪ Legal Sense
- A voluntary and intentional violation by a legally competent person of a legal
duty that commands or prohibits an act for the protection of the society.
▪ Criminal Justice Sense
- One who has undergone the process and went through all the pillars of the
Criminal Justice System.

Nomenclatures given to the person who is being processed under the CJS:

▪ Suspect (old) Person Under Police Custody (PUPC) - at the police stage during
investigation;
▪ Respondent - at the prosecution, during the determination of probable cause or during
PI;
▪ Accused - at the trial of the case, when a case has been filed in court;
▪ Convict - once the court determined that the accused is guilty beyond reasonable
doubt as charged and the judgment has been rendered; and
▪ It is only upon undergoing the process when the person has served the sentence
when he can really be considered as a CRIMINAL.

What is LAW?
- Is a set of conduct rules established by an authority, custom or agreement.

What is ACT?
- Any bodily movement tending to produce some effect in the external world.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

What is OMISSION?
- Is an inaction. It is the failure to do a positive duty which the law commands to
be done.

What is Criminal Law?

- It is a branch or division of law which defines crimes, treats of their nature and
provides for their punishment.

Classification of Criminal Law:

▪ Substantive Criminal Law

- It defines the elements that are necessary for an act to constitute a crime and
therefore punishable.
Sources of Substantive Criminal Law
• The Revised Penal code (Act No. 3815);
• Presidential Decrees (Marcos) or Executive Orders;
• Special Laws; and
• City or Municipal Ordinances

▪ Procedural Criminal Law

- It refers to a statute that provides procedures appropriate for the enforcement of the
Substantive Criminal Law.
Sources of Procedural Criminal Law
• The Bill or Rights of the Philippine Constitution;
• The Revised Rules of Criminal Procedure; Rules of Court; and
• Other Rules on Criminal Procedures promulgated by the Supreme Court pursuant to
its Constitutional mandate.

The Essence of Justice

What is JUSTICE?
- is the act of rendering what are due and treating persons equally. These
persons must, however, fall within the same classification. (Gacayan, 2006)
- Under Sec. 1, Art III of the 1987 Philippine Constitution, no person shall be
deprived of life, liberty or property without due process of law, nor shall a
person be deprived of the equal protection of law. This guarantee dictates
that in order that justice will be realized there must be the observance of due
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

process. Due process is a guaranty against any arbitrariness on the part of

the government, whether committed by the legislative, executive or the
judiciary.

Kinds of Due Process

a. Procedural due process – is one which hears before it condemns which proceeds
upon inquiry and renders judgment only after trial.
b. Substantive Due Process – this requires the intrinsic validity of the law in interfering
with the rights of the person to his life, liberty or property.

The Essence of Justice in 2 Precepts:

1. Render to each his due
▪ Ex.: If one borrows money promising to pay it back, it is only just for the borrower to
pay it back, it is only just for the borrower to pay back the said debt. To refuse to pay it
back is unjust since it amounts to keeping what belongs to another.
2. Treat equals equally and unequal unequally in proportion to their inequality.
▪ If all members of a class in school did not do their assignment, all should receive the
same grade, otherwise there will be injustice.

4 Elements of Absolute Justice

▪ The absolute ability to identify the law violator;
▪ The absolute ability to apprehend law violator;
▪ The absolute ability to punish law violator; and
▪ The absolute ability to identify the intent of the law violator (hardest to identify)

Mistakes when society tends to administer Justice

▪ The innocent is punished;
▪ The guilty escapes the punishment
▪ The guilty are punished more severely than necessary; and
▪ The guilty are punished less severely than necessary.

Philosophical Approach Behind the Criminal Justice System:

▪ The Adversarial Approach
• It assumes innocence.
• The prosecutor representing the state must prove the guilt of the accused.
• It requires that the proper procedures designed to protect the rights of the accused are
followed.
• The adversary system embodies basic concept of equal protection and due process.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

• These concepts are necessary in order to create a system in which the accused has a
fair chance against the tremendous powers of the prosecutors and the resources of the
state.

The Inquisitorial Approach

• It assumes guilt.
• The accused must prove that they are innocent.
• It places a greater emphasis on conviction rather on the process by which the
conviction is secured.

Comparison of Two System:

▪ As to the Presumption:
• Adversarial - it assumes the accused to be INNOCENT.
• Inquisitorial - it assumes the accused to be GUILTY.
▪ As to the Burden of Proof:
• Adversarial - it places the burden on the PROSECUTOR to prove the guilt of the
accused.
• Inquisitorial - it places the burden to the ACCUSED in proving his innocence.
▪ As to the Presumption
• Adversarial - it places emphasis on the process.
• Inquisitorial - it places emphasis on the conviction of the accused.

Burden of Proof, defined:

▪ Known as OWES PROBANDI;
▪ It refers to the obligation imposed upon a party who alleges the existence of a fact or
thing necessary in the prosecution or defense of an action to establish it by proof. What
approach does our CJS adopts? ▪ Our CJS adopts the Adversarial Approach, this is
very obvious due to the greater emphasis on the observance of due process and of the
litany of the rights in our Constitutions' Bill of Rights.

What approach does our CJS adopts?

- Our CJS adopts the Adversarial Approach, this is very obvious due to the
greater emphasis on the observance of due process and of the litany of the
rights in our Constitutions' Bill of Rights.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

“Two Principles of Law that must be adhered to in our CJS”

▪ The Due Process of Law

• Due process simply means compliance with the requisite NOTICE and
HEARING.
• It embraces both procedural and substantive due process.
• By procedural it simply means a law which hears before it condemns, which
proceeds upon inquiry and renders judgment only after trial.
• Substantive due process is responsiveness to the supremacy of reason and
obedience to the will of justice.

▪ The Equal Protection Clause

- It declares that the state may not attempt to create or enforce statutes against
a person solely because of specific characteristics such as race, age or sex.

Criminal Justice System Models

▪ The Concept of Crime Control Model

- Is based on the idea that the most important function of the CJS is the
repression of criminal conduct. Crime rates go up when criminals do not
sufficiently fear apprehension and punishment. The most important function of
the CJS is the repression of criminal conduct. In this model it stresses
“Efficiency” The increased capacity to apprehend, try, convict and dispose of
a high proportion of criminal offenders. Emphasis: speed and finality.

▪ The Concept of Due Process Model

- Civil rights of the accused should be protected at all costs - each of the stage of
the criminal justice process from arrest, prosecution through the courts disposition of the
accused, is designed to present formidable impediments to carrying the accused any
further along in the process.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

Models of CJS (As to Quality Control)

▪ Due Process Model

- Reliability (Society must be willing to live the fact that some guilty offenders
will be found innocent in order to ensure that the innocent persons are not
justly convicted)
▪ Crime Control Model
- Efficiency and Productivity (Society must be willing to accept the fact that
some innocent people might well be incorrectly found guilty, but that the
overall improvement in the administration of justice and supposedly, the
protection to society would be more than compensate for such mistakes).

Models of CJS – Difference as to the Primary Concern of Protection

▪ Due Process Model - protection of individuals, individual freedom, and general

maintenance of liberty.
▪ Crime Control Model - collective rights of the society and collective public safety
consideration.
Republic of the Philippines
Southern Philippines Agri-business and Marine and Aquatic School of Technology
Malita, Davao Occidental
CLJ121 – MARIA LUZ J VILLACUATRO, RCrim

CLJ121 1st Activity/Assignment

Name:

1.) Identify the Five Pillars of Criminal Justice System.

2.) Discuss briefly the function of each Pillar.