PHILIPPINE CRIMINAL JUSTICE SYSTEM

Introduction to Criminal Justice

 A. Criminology and Criminal Justice
Differentiated
What is Criminal Justice?
• Criminal Justice may be viewed or defined as the system
of law enforcement, adjudication, and correction that is
directly involved in the apprehension, prosecution and
control of those charged with criminal offenses. (Siegel
and Senna, american def)
 What is Criminal Justice?
• American Criminal Justice System, there are
only three (3) pillars:
1. Law Enforcement
2. The Courts
3. The Corrections
 What is Criminal Justice?
• The Philippine Criminal Justice System has five (5)
pillars:
1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Community
 What is Criminal Justice?
• In general, a Criminal Justice System (CJS)
involves a number of government agencies that
ensures the protection of the public, the
maintenance of order, the enforcement of the law,
the identification of transgressors, the prosecution
of the accused and the finding of the guilty, and the
correction and treatment of criminal behavior.
 What is the difference between Criminal Justice
and Criminology?
• Criminology explains the etiology, extent and
nature of the crime in society; Criminal Justice
studies the agencies of social control that handles
criminal offenders.
• While criminologist are concerned with identifying
the nature, extent and causes of crime;
 What is the difference between Criminal Justice
and Criminology?
• Criminal justice scholars engage in describing,
analyzing, and explaining the operations of the
agencies of justice, specifically the police agencies,
prosecution, the courts and the rest of the pillars of
the system in seeking more effective methods of
crime control and offender rehabilitation.
B. Crime and Criminal Justice System

What is the event that calls for the operation of

the CJS? why?
B. Crime and Criminal Justice System
• Crime is the event that calls for the operation of the
Criminal Justice System.
• When a crime is committed it disturbs the tranquility and
harmony of the society.
• Such event calls 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; the court to determine the guilt of the accused; and
the rest of the system follows.
 Legal principles or maxims regarding crime/
criminal act
• Nullum crimen nulla poena sine lege
– There is no crime where no law is punishing it.
• Actus non facit reum, nisi mens rea
– The act itself does not make a person guilty, unless the mind is
guilty.
– The principle emphasize that, for a person to be held liable, two
essential elements must be present:
• Actus Reus (Guilty Act)- the person must committed a prohibited act
• Mens Rea (Guilty Mind)- the person must have had a culpable mental
state such as intent when commiting the act.
 Legal principles or maxims regarding crime/
criminal act
• Actus me invinto factus,nin est meus actus
– An act done by me against my will is not my act.
– Involuntary act
– Person should not be held liable for an action that was
performed:
• Under duress (coercion or threats)
• without consent
• As a result of external forces beyond their control
 What department of the government defines and
punishes an act?
The 1987 Philippine Constitution
• The current constitution of the Philippines
• Ratified in a national plebiscite on February 2,1987 and took
effect on February 11, 1987.
• Established a democratic and republican government with
three branches:
– Legislative
– Executive
– Judicial
 Three Branches of the Philippine Government

• Legislative (the law making)

– The legislative branch is bicameral, the congress
consisting of the Senate and the house of
representatives and is responsible for creating laws.
– Congress
• 24 senators
• not more than 250 house of representative (unless otherwise
fixed by law), 20% of whom must be partylist
representatives.
 Legislative Process
• Making Enabling Laws
– Congress is responsible for making enabling laws to
make sure the spirit of the constitution is upheld in the
country and as times, amend or change the constitution
itself.
– In order to craft laws, the legislative body comes out
with two main documents: Bills and Resolutions
 The Executive
• The executive branch is composed of the President
and the Vice President who are elected by direct
popular vote and serve a term of six years and
extends beyond the national government (R.A.
7160/ local gov. code of 1991)
– President
• Head of state and Head of Government
• Commander-in-chief of AFP
• Control over the executive departments, bureaus and offices
 Executive Departments
• This branch is responsible for enforcing and executing the
laws of the land made by the legislative branch of
government.
– Department of Foreign Affairs
– Department of Finance
– Department of the Interior and Local Government
– Bureau of Corrections
– Department of Justice
– Bureau of Customs
 The Judiciary
• The judicial branch of the Philippines is made up of the
supreme court and lower courts.
• The Judicial branch is responsible for interpreting laws
and, applying them to cases and deciding if laws are
constitutional.
• Ensuring fair dispute resolution, upholding rights and
bringing culprits to justice, the judiciary contributes to
citizen trust and social peace.
Hierarchy of Philippine Couts
 What department of the government defines and
punishes an act?

A. The 1987 Philippine Constitution

– empowers the legislative branch of the government or
congress, which is composed of:
• The upper house or the senate
• Lower house or the house of representatives
– with the power to enact, modify or repeal laws.
– It is empowered to determine what acts are deemed
harmful to our society and punishes such acts in order to
suppress them.
 What department of the government defines and
punishes an act?
B. Our local legislative bodies
Sanguniang Panlalawigan (Provincial council)
Sanguniang Panlungsod (
Sanguniang Pambayan
Sanguniang Pambarangay
• Are also authorized to enact laws that are criminal or penal in
nature and are applicable or enforceable only within their
respective territorial jurisdiction.
 What is Crime in Criminological sense?
• Behavior or actions that violates the laws and
norms of society.
• Individuals who violate these rules are subject to
sanctions by state authority, social stigma and lose
of status.
 What is crime in legal sense?
• Voluntary and intentional violation by legally
competent person of a legal duty that commands or
prohibits an act for the protection of the society.
• Crime is an act that is prohibited by law
• A crime is punishable by Judicial proceedings in
the name of the state.
 What are the things that apparantly constitutes
crime?
1. The act must be voluntary
– thus, 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.
– Art. 12 (circumstances w/c exempt from criminal liability) part 5
(Any person who act under the compulsion of irrestible force)
and part 6 (Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.)
 What are the things that apparantly
constitutes crime?
2. It must be intentional
– thus, otherwise the criminal act that occurs by
accident generally is not considered crimes.
3. It must be committed by a legally competent
person.
– Under the law certain persons are considered not
capable of committing a crime, like the insane ot those
who are fifteen years old and below.
– Under the Juvenile Justice and Welfare Act (RA 9344)
child 15 years old and above is considered criminally
liable, but with certains conditions and exceptions.
(ammended by RA 11642)
4. The behavior that constitutes crime can be
either an act of commission or an act of
omission.
– Thus, one maybe guilty of a crime by doing something
which is prohibited or should not be done (i.e. murder)
as well as doing what the law says should be done (i.e.
payment of tax)
– An act of omission to constitute a crime must be
considered unlawful by the statute at the time the act is
committed.
5. 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 considered to be crimes against
– collective well being of the society.
– offended party or private complainant is merely
considered as the primary witness of the state