INTRODUCTION TO CRIMINAL JUSTICE LAW ENFORCEMENT – the action or

SYSTEM activity of compelling observance or

compliance with the law. It is the activity
CLJ – (Criminal Law and Jurisprudence) of some members of government who act
TOS – (Table of Specification) in organized manners to enforce the law
RA. 11131 – Criminology Prof Act of 2018 discovering, deterring, rehabilitating, or
punishing people who violated the rules
Community and norms governing that society.
Law Enforcement
Prosecution Five pillars ARREST – (to stop) is an act of
Courts apprehending and taking a person into
Corrections custody (legal protection control), usually
because the person has been suspected of
PD 1508 – Barangay Code (BJS) or observed committing a crime. After
LGC 7160 – Local Government Code taking into custody, the questioned
further and/or charged.
CRIMINAL – a person who has committed
a crime. Warrantless Arrest – (community
arrest)
Legal Point of View – there is a due Arrest – detain (temporary detention is
process by the law. You can only call a for you to comply for an hour)
criminal once convicted by the court.
Sociological Point of View – considered DETENTION – (arbitrary/illegal) is a
criminal after committing a crime (crime temporary custody period before the trial
is a social phenomenon). of hearing followed by arrest or the
decision of the judge or any other legal
JUSTICE – the quality of being fair or just authority.
or the basis in morality, the right, or the
law, the quality of being just, impartial, or Temporary in Nature – detention of a
fair, just, or impartial legal process person takes place when the officer in
(equality). charge believes that he/she has broken
some law, but does not have sufficient
SYSTEM – a set of principles or proof or evidence to warrant arrest.
procedures according to which something
is done, an organized framework or Arbitrary – arbitrary detention is
method. (The one who manipulates the violation of the right to liberty. It is
system is the problem) defined as the arrest and deprivation of
liberty of a person outside of confines of
CRIMINAL JUSTICE SYSTEM – is the nationally recognized laws or
system of Law Enforcement that is international.
directly involved in apprehending,
prosecuting, defending, sentencing, and ELEMENTS OF CRIME OF ARBITRARY
punishing those who are suspected or DETENTION:
convicted of criminal offense. 1. Offender is a public officer or employee
2. He detains a person
3. Detention is without legal grounds
 released on account of a dismissal of a
When is a person considered detained? - subject for a charges, released for further
When he is placed in a confinement or preliminary investigation proceedings or
there is a refraint. There can be an charge in court.
arbitrary detention even if the victims are
not kept in closure. PROSECUTION – a proceeding in which
an accused person is tried.
ILLEGAL DETENTION – is the
unjustifiable imprisonment. TRIAL – the determination of a person’s
innocence or guilt by due process of law.
RPC Art. 267 – (Kidnapping and Serious
Illegal Detention) any private individual JUDGEMENT – a decision of a court
who shall kidnap or detain, another; in regarding the rights and liabilities of
any other manner deprived him. parties in a legal action or proceeding.

RA 8353 – (Rape) APEAL – a challenge to a previous legal

determination. The process in which
HUMAN RIGHTS – are rights inherent to cases are reviewed by a higher authority,
all human beings, regardless of race, sex, where parties request for a formal change
nationality, ethnicity, language, or any to an official decision.
other status. Include right to life and -Susulat ulit para umapila/it is for the
liberty, freedom from slavery and torture, change of decision.
freedom of opinion and expression, right
to work and education, lahat entitled CRIMINAL CASE/S – a type of court
basta walang discrimination. proceeding in which a prosecution
employed by the federal, state, or local
INVESTIGATION - a thorough search for government charges a person with the
facts especially for those that are needed commission of a crime. Criminal cases
to be sorted out in a complex situation. generally begin after the person is
Goal is to determine how or why arrested and informed of their charges,
something is happened. usually at a hearing known as an
indictment.
PRELIMINARY INVESTIGATION – is a
process of a police officer’s initial activity Administrative Case – suspend without
at a scene of a crime. salary/dismissal from the service.
Extortion – kapag nagpapabayad ka sa
a) Attending Injury offense.
b) Scene Observation
c) Enforcement Action
d) Securing the Event CRIMINAL JUSTICE SYSTEM
e) Interviewing Witnesses COMPONENTS
f) Compiling a Report
Philippine Setting – the Philippine
INQUES PROCEEDINGS – the procedure Criminal Justice System is composed of 5
to determine whether an individual parts of pillars, namely Law Enforcement,
arrested without a warrant will be Prosecution, Judiciary, Penology, and the
Community. The Law Enforcers consists 2) LAW ENFORCEMENT – describe the
of the officers and man of the Philippine agencies and employees responsible for
National Police (PNP), the National enforcing laws, maintaining public order,
Bureau of Investigation (NBI), and other and managing public safety. The primary
agencies. duties of law enforcement include the
investigation, apprehension, and
Law Enforcement Agencies (LEA’s) – detention of individuals suspected of
implement/impose the law. PNP, NBI, criminal offences.
BJMP, and PDEA.
REPUBLIC ACT NO. 8551 – PNP Reform
CJS PROCESS and Reorganized Act of 1998 under the
Main Character – Criminal- a violator, National Police Commission.
offender, suspect, perpetrator. Without
this character, the CJS won’t move. 13 ELEMENTS OF AN EXEMPLARY
POLICING AGENCY
Arrest
Prosecutor if there is a probable cause. PROCEDURAL INTEGRITY
Trial 1. Values
Judgment Old – punishment 2. Ethics
New – correction 3. Law

CARDINAL POINTS OF INVESTIGATION MISSION PERFORMANCE

– 5W’s and 1H 4. Prevent Crime
5. Pursue Justice
Who Victim and Suspect 6. Public Safety
What Murder 7. Ensure Order and Quality of Life
When Date and Time 8. Safeguard Life and Liberties
Where Room 104 of CPAD Building
Why You have to know the reason ORGANIZATIONAL EXCELLENCE
How Stabbed for 25 times 9. Exemplary Culture
10. Exemplary Workforce
11. Exemplary Workplace
12. Leadership
13. Professionalization
TOPIC 2: MIDTERM COVERAGE
3) PROCESS OF FILLING CRIMINAL
1) FUNCTION OF CJS – the criminal CASES FROM POLICE TO COURT – a
justice system, essentially is the system or criminal case usually gets started with a
process in the community by which police arrest report. The prosecutor then
crimes are investigated, and the person’s decides what criminal charges to file, if
suspected thereof are taken into custody, any. Some cases go to a preliminary
prosecuted in court and punished, if hearing, where a judge decides if there is
found guilty, provisions being made for enough evidence to proceed.
their correction and rehabilitation.
Trial – only 90 days (3mos.)
4) RIGHTS OF THE ACCUSED – Section victim’s “right to protection by the
14 (2) of the 1987 Constitution of the criminal justice system from the accused
Philippine states: “In all criminal person. The sixth right, the “right to
prosecutions, the accused shall be restitution” pertain to access to money
presumed innocent until the contrary is paid by a convicted offender to victims for
proved, and shall enjoy the right to be loses suffered from the crime.
heard by himself and counsel, to be
informed of the nature and cause of the MIRANDA WARNING – “You have the
accusation against him, to have a speedy, right to remain silent. Anything you say
impartial, and public trial, to meet the can and will be used against you in a court
witnesses face to face, and to have of law. You have a right to an attorney,
compulsory process to secure the one will be appointed for you.”
attendance of witnesses and the
production of evidence in his behalf. TOPIC 3
1. ILLUSTRATE THE INTERPLAY ROLES
The rights of the accused, include the OF CJS

1. right to fair trial; a) REPORTING – is used of giving

2. due process; information to others often after some
3. the right to seek redress or a legal investigation has been done
remedy; and
4. rights of participation in civil society POLICE REPORT – there are four main
and politics such as freedom of types of police reports: arrest reports,
association, incident reports, crime reports, and
5. the right to assemble, accidental reports. May 12, 2022.
6. the right to petition,
7. the right of self defense and A Police Report is written
8. the right to vote documentation of an event or crime that
has been committed, which includes
5) RIGHTS OF VICTIM – the right to be details about the crime and the criminal
treated with dignity, respect, and who did it.
sensitivity.
IMPORTANCE OF POLICE REPORT
1. the right to be informed
2. the right to protection A police report is generally written after
3. the right to apply for compensation all information of the case has been
4. the right to restitution from the gathered. It can be beneficial in court
offender cases, where lawyers will often ask for
5. the right to prompt return of personal your report. This is because it serves as a
property documentation, telling the judge and jury
6. the right to a speedy trial what happened and what the people
7. the right to enforcemofent of victim’s involved were like.
right
A good police report can make the
A fifth right, the “right to difference between a case being thrown
reasonable protection,” pertains to out and one getting through. Police
reports are a significant part of the justice
system, and as such, police officers must HOW…An arrest if effected if words such
take special care to ensure their reports as “you are under arrest” or “I am
are detailed and informative. A detailed arresting you for…” are used while at the
and good written police reports will make same time touching or taking hold of the
it easy to understand the case. arrested person so that it is clear that he
or she is being arrested. However, the
SAMPLE POLICE REPORT police do not need to use this words to
arrest someone.
Date of the report: 3/1/2023
Officers badge number: 136780 HOW TO ARREST SOMEONE
Name of the suspect(s): Pini Pig
Date and time of arrest: 8 in the morning METHOD 1
Address where the offense occurred: #15 Arresting a Suspect as a Police Officer
Centro 2, Tuguegarao City
Street Location of Arrest: # 15 Centro 2, 1. Confirm you have the reason to arrest
Tuguegarao City (warrant, evidence of actual crime)
Nature of call or Incident: Annoying 2. Immobilized the suspect
phone calls (gapusin ganun, hahaha)
3. Gain control of the suspect
b) BLOTTER – is a record of arrest, 4.
incidents, and events that have occurred 5. Search the suspect
that day. Police blotter are updated at (magtawag ng babae or witness)
events unfold, so they are essentials for 6. Transport the suspect
justice and press purposes. They can 7. Give Miranda Warnings if you wants to
contain many reports, including the four ask questions.
most common: arrest, incident, crime or
accident. METHOD 2
- the written record of events, especially Making a Citizen’s Arrest
arrest, that occur in a daily basis in police
station or precint. 1. Identify if you have the reason to make
an arrest
Police Blotter – daily written, record of 2. Consider the risk
events. 3. State you are making citizen’s arrest
E-blotter – directly imputed in computer 4. Use reasonable cause to subdue the
(computerized) person. You cannot use excessive force in
order to make an arrest. Instead, use only
c) PROCESS OF ARREST (with the the amount of force necessary to subdue
information on the rights of the accused) the suspect.
– an arrest occur when a person, usually a 5. Call the police
law enforcement officer, uses legal 6. Avoid questioning or searching the
authority to restrict a suspect’s freedom suspect
of movement. Probable cause is the key 7. Tell the officer what happened
issue in the arrest process. The police
need probable cause to make an arrest or
obtain an arrest warrant from the judge.
d) HOW TO CONDUCT INVESTIGATION justice. Justice on the other hand deals
– there are four basic elements to a with two situations:
proper investigation:
a) COMMUTATIVE JUSTICE – deals with
 Collect facts about what has the commercial transactions, exchanges,
occurred. contracts or what are known as torts
 Assemble and analyse the (injuries done to another that make you
information obtained. liable in damages towards the other).
 Compare the information with
acceptable industry and company b) DISTRIBUTIVE JUSTICE – this
standards and legal requirements pertains to how does one distributes the
to conclude. resources, benefits and burden of society
 Implement the findings and in a fair manner.
monitor progress.
SCHOOL OF THOUGHTS ABOUT
What is the relation between justice JUSTICE
and law?
1. Positive Law Theory Justice is a
LAW - defines what the rights of people creature of law made by men or what is
are and also what their obligations are. called Positive Law. No justice exists apart
The significance of law is observed in the from what law creates or mandates, there
following manner on how the pillars of is no independent or abstract standard
the justice system work. against which the actions of people or
man-made law itself can be judged.
1. POLICE ENFORCERS - see that the law Justice is served by adhering to the law.
is observed, so that the rights of others
are honored and respected. 2. Social Good Theory - It argued that
principle of what is just and right may
2. PROSECUTORS - charge in court those change as social conditions and needs
who deny others their rights, so that the change and vary from society to society.
courts can vindicate the rights of their While somewhat flexible is an objective
victims. standard: that which serves the general
or social good.
3. COURTS - determine whether or not
there has been a violation of law and 3. Natural Right Theory - This holds that
therefore a denial of the rights of others a natural law exist that governs the affairs
and they then provide the remedies. of men as much as it does the phenomena
of the physical universe. To natural right
4. THE CORRECTIONAL SYSTEM - deals theorists, justice can be summarized by
with those whom the courts have found to this rule: Render to each his right or due.
have violated others rights by regulating
the behavior of those incarcerated. What is Substantive Justice and
Procedural Justice?
5. THE COMMUNITY - desires a certain
standard of life particularly governed by SUBSTANTIVE JUSTICE - is that which is
concerned with how best to allocate,
distribute, and protect the substantive LAW- is that method of social control that
values of society. In the area of criminal is formally enacted or promulgated by the
justice, the substantive issue concerns agency or agencies of government duly
are: authorized in that society to make law
and that is subject to the interpretation by
• Which behaviors are to be made and through the courts.
criminal violations
1. Binding or enforceable rule: a rule of
• What sanctions the law should provide conduct or procedure recognized by a
for dealing with those who commit community as binding or enforceable by
crimes. authority.

PROCEDURAL JUSTICE - is that which is 2. Piece of legislation: an act passed by a

concerned with how the law is legislature or similar body.
administered – in other words what
mechanisms or processes are used 3. Control or authority: the control or
applying the law and making decisions in authority resulting from the observance
specific cases. In criminal justice, the term and enforcement of a community's
refers to: system of rules.

• How offenders are brought before the 4. Branch of knowledge: the branch of
bar justice knowledge or study concerned with the
rules of a community and their
• The procedures used in gathering and enforcement.
presenting evidence
What are the forms of law? (Distinct
• Determining the guilt or innocence of sources of law and legal principles)
the accused
1. COMMON LAW - Known in other
• Deciding on the sentence to be imposed countries as the body of principles,
on the convicted. practices, usages and rules of action.

What is the nature and definition of 2. STATUTORY LAW - A legislated law; or

LAW? law made by the legislatures.

Nature: 3. CASE LAW - Law made by justices in

cases decided in the appellate courts
LAW - is society’s primary instrument for especially by the Supreme Court.
making known what acts are crimes and
what sanctions may be applied to those TYPES OF LAW
who commit acts defined as crimes. a) Civil Law - Law which has something
Instrument for Justice. to do with such things as contracts, wills,
inheritances, marriage, property, divorce,
Definition: adoption, and the like and with private
injuries which are called torts.
b) Criminal Law - Is that branch or Note: therefore by classification: Criminal
division of law which defines crimes, Law is a part of Philippine Public and
treats of their nature and provides for Substantive Law while Criminal
their punishment. Procedure is part of Philippine Public and
Adjective (Remedial) Law.
What is the place of criminal law in the
Philippine Legal system? Still another interesting division of
Philippine law may broadly be divided into Philippine Law is into:
two categories:
INTERNATIONAL LAW - the law
SUBSTANTIVE LAW – this is that part of governing relations between states as
law that creates the rights and obligations sovereign entities or between states and
of persons; defines their status; governs international organizations of states such
their relations; confers powers upon as United Nations, The International
them. Community of the Red Cross, the World
Trade Organizations, etc.
Note: Criminal Law is that part of law
defining crimes and providing penalties MUNICIPAL LAW - the entire body of law
for these crimes - is part of substantive enacted by a jurisdiction and applied in
law. the jurisdiction.

ADJECTIVE LAW – this is a part of law Note: In the area of criminal justice, it is
known also as remedial or procedural law interesting to note that municipal law has
that governs the prosecution or defense lately been influenced considerably by
of actions involving the enforcement of developments in the international law.
rights and obligations.
Separation of Powers in the
Note: Criminal Procedure governs Philippines
criminal processes from the time of
custodial investigation up to judgment – The Constitution of the Republic of the
is part of remedial law. Philippines divides the government into
three equal and coordinated branches,
Another division of Philippine Law is namely:
into:
LEGISLATIVE BRANCH - The law-making
PUBLIC LAW - that part of Philippine Law function is lodged in the Philippine
that deals principally with the powers, Congress, composed of the Senate, whose
rights and obligations of the state. members are elected by the voters of the
whole country, and the House of
Note: Criminal Law is part of public law. Representatives, whose members come
from districts chosen by the voters
PRIVATE LAW - that part of Philippine therein.
Law that deals with the individual, his
rights, his transactions, his affairs. EXECUTIVE BRANCH - It has the duty to
enforce the laws, falls on the President of
the Republic of the Philippines
 Stages of the Criminal Justice Process
JUDICIARY BRANCH - It is to the
Supreme Court and the other courts 1. ARREST (Law Enforcement Process)
created by law that the judicial function is 2. CHARGING (Prosecution Process)
lodged. Each of which is supreme within 3. ADJUDICATION (Judicial Process)
their respective spheres. Neither of them 4. SENTENCING (Judicial Process)
may encroach upon the function or 5. CORRECTIONS (corrections Process)
domain of the other.
The arrest stage
What is Criminal Justice System?
The criminal justice process begins with
Is the system in the community charged the commission of a crime. But it is more
with direct responsibility for the accurate to say that it begins with the
prevention, reduction and control of detection of a crime. Detection is taken to
crime. mean not only observed acts of crime but
the results of a crime. If a crime is
It is widely looked as the conglomeration undetected or unreported, it obviously
of government agencies involved in the does not enter the system. Even if it was
law enforcement, prosecution, defense, already committed but is still
adjudication, punishment and undiscovered, it does not enter the
rehabilitation of all the means to enforce system.
these standards of conduct, which are
deemed necessary to protect individual ARREST– is taking a person into custody
and to maintain general community in order that he may be bound to answer
wellbeing. for the commission of an offense (Rules of
Court, Rule 113, sec. 1)
THE CJS AS A SYSTEM AND AS A PROCESS - Is taking a person into custody for the
purpose of holding or detaining him to
The CJS as a System answer a criminal charge or civil demand.
As a system, the CJS is the machinery
which the society uses in the prevention What are the two distinct sequences
of crime. The process is the totality of the following the detection of a crime?
activities of law enforcers, prosecutors,
defense lawyers, judges and correction 1. Police observation – Arrest –
personnel, as well as those efforts of the Booking – Investigation
mobilized community in crime prevention
and control. When the police witnesses an actual
crime in progress and are able to
The CJS as a Process apprehend the offender, arrest is usually
As a process, the CJS refers to the “orderly immediate. The suspect is taken and
progression of events from the time a booked into the city or municipal police
person is arrested or taken out of the station and will later be detained.
community, investigated, prosecuted,
sentenced, punished, rehabilitated, and This procedure involves such things as
eventually returned to the community. fingerprinting, identification check, and
reading of rights and charges. An
investigation follows for the purpose of
developing a prosecutable case against The Adjudication (trial/judgment)
the suspect. If the police feel that is stage
warranted, they pass the case into the
next stage – charging. Formal charges are filed against the
accused at this stage. At first, the suspect
2. Complaint – Investigation – Arrest – will be arraigned.
Booking
Arraignment refers to the reading of
The most common way in which crime is charges against the accused and the
brought to the attention of those in the declaration of his plea. The accused may
criminal justice system is by citizen either plead GUILTY or NOT GUILTY to
complaint to the police. Whether the the charges. If the accused pleads guilty,
report of a crime is by a witness or a lengthy trial will be avoided, and the
victim, an investigation is normally the judge may sentence the accused. If the
next step. Unlike the first sequence, accused pleads not guilty, a trial will be
investigation is conducted for the conducted.
determination of whether the crime has
actually been committed, and if so, the Trial refers to the presentation of the
identification of the offenders. prosecution and the defendant of their
respective case and arguments before the
If enough evidence is obtained and police courts.
have probable cause to believe a specific
person is the culprit, the case will be How is Judgment made in criminal
referred to the next stage for the filing of cases?
a criminal case and for issuance of a
warrant of arrest. In a criminal case, the judgment of a court
must state whether the accused is guilty
The Charging stage or not guilty of the offense charged and
impose on him the proper penalty and
If the prosecution decides that the civil liability, if any. The judgment must
suspect should be tried, criminal action is be written in the official language,
commenced by the filing of a complaint or personally and directly prepared by the
information. judge and signed by him. (RoC, Rule 120,
Sec. 1)
COMPLIANT – is a sworn statement
charging a person with an offense, Civil liability is usually a monetary
subscribed by the offended, any peace indemnity by the accused to the victim or
officer, or other public officer charged the victim’s heirs. The sentencing Stage In
with the enforcement of the law violated. sentencing, the Judge will consider all
(RoC, rule 110, sec. 3) circumstances surrounding the case and
it is his duty to apply the provisions of the
INFORMATION – is an accusation in law in rendering punishment or sentence
writing charging a person with an offense, against the accused.
subscribed by the prosecutor and filed
with the court. (RoC, rule 110, sec. 3) The correction stage
  It is the police that investigates, makes
This stage involves the convicted person’s arrest and prepares evidence against the
serving of the sentence imposed. It is the suspects needed to prosecute them.
stage where the offender will be reformed
or rehabilitated prior to his reintegration The law enforcement pillar
in the community.
The LAW ENFORCEMENT PILLAR - is the
THE BASICS: Criminal Justice System & principal responsibility of the Philippine
the Five Pillars National Police (under the Department of
Interior and Local Government) and the
Several agencies comprise the five pillars National Bureau of Investigation (under
of the criminal justice system each the Department of Justice).
performing tasks that are inextricably
connected to one another: This pillar primarily involves the
investigation of crime, collection of
The collective functions of the CJS evidence, arrest of suspects, and referral
of the case and suspects to the Office of
1. To prevent and control the commission the Public Prosecutor or the lower courts
of crime either for preliminary investigation
and/or for the eventual filing of cases and
2. To enforce the law and insure its adjudication.
implementation
2. THE PROSECUTION PILLAR - Takes
3. To safeguard lives, individual rights, care of evaluating the evidences and
and properties formally charges the suspects before the
court
4. To investigate, apprehend, prosecute,
and sentence It serves a screening process on whether
to file a case based on evidence or dismiss
5. To treat and rehabilitate convicts and the same.
reintegrate them into the community as
law-abiding citizen. It determines what particular crime shall
be formally filed and presents the burden
Basic functions among the pillars of proof against the suspect in court.

1. THE POLICE OR LAW ENFORCEMENT The PROSECUTION PILLAR - is under the

PILLAR responsibility of the Provincial, City, and
State Public Prosecutors, which are all
 Occupies the frontline of the CJS under the National Prosecution Service of
because they are regarded as the initiator the Department of Justice.
of the system.
Their functions include the evaluation of
 They are the first contact of the law cases or complaints referred to by the
violator in the CJS Process police, by the National Bureau of
Investigation or by private persons, and
subsequent filing of the appropriate
information or complaint in the lower
courts and prosecution of the alleged
offenders in court in the name of the
People of the Philippines.

3. The COURT PILLAR - Conducts

arraignment and trial

It shall issue warrant of arrest

It acquits the innocent and adjudicate

penalty for the accused if found guilty

Weigh the evidences presented by either

party.

The COURT (JUDICIARY) PILLAR - is

responsible for the proper adjudication of
cases and the rendering of judgment.

4. The CORRECTION PILLAR -

Responsible for the incarceration and
rehabilitation of the convicted person to
prepare for eventual reintegration in the
community.

The CORRECTION PILLAR - falls under

the DOJ’s Bureau of Corrections and
Board of Pardons and Parole.

Their functions include the meting out of

punishment such as a jail sentence or
execution in extreme cases, and the
correction and rehabilitation of those
found guilty of their crimes.

5. The COMMUNITY PUILLAR - Helps the

penitent offender to become law-abiding
citizen by accepting the ex-convict’s re-
entry and assists said penitent offender
lead a new life as a responsible member
of the society.