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
Importance/ effects of Classification of Crimes in
the administration of criminal Justice
• It is very crucial because it will affect the decision-
making of the agents or agencies of criminal justice
in regards to enforcement of crimes.
• serious crimes are more likely to be enforced,
invistigated, prosecuted or may even be given
priority in court proceedings compared to light
crimes. (ordinance)
Importance/ effects of Classification of Crimes in
the administration of criminal Justice
• When the victim is a minor or a woman or an
elderly person, the law’s full force will most
likely be enforced as it will generate sympathy
from the media and the public at large.
 How are crimes classified under Book II of the
Revised Penal Code
Book Two of the RPC classifies crimes in the ff:
A. Crimes against the National Security and the laws of the state
– Treason, Espionage, Rebellion
B. Crimes against the Fundamental Law of the State
– Art 148, Art 153, Art 151, R.A. 10175
C. Crimes against Public Order
D. Crimes against Public Interest
– Malversation, False Testimony, Perjury, Obstruction of Justice
 How are crimes classified under Book II of
the Revised Penal Code
Book Two of the RPC classifies crimes in the ff:
E. Crimes Relative to Opium and Prohibited Drugs
F. Crimes against Public Morals
– Gambling, Prostitution,Adultery, Cuncubinage
G. Crimes committed by Public officers
– Bribery, Injustice, Partiality, Oppression
 How are crimes classified under Book II of the
Revised Penal Code
Book Two of the RPC classifies crimes in the ff:
H. Crimes against Persons
I. Crimes against Personal Liberty
J. Crimes against Property
K. Crimes against Chastity
L. Crimes against the Civil status of Persons
M. Crimes against Honors
N. Quasi-offenses
 Criminal Law and CJS
What is the basis of CJS?
– The Criminal Justice System is based on the enacted Criminal
law/Statutes
– ONLY violations of Criminal Law are being considered and
proceedings in the CJS.
– Where there is NO violation of Criminal Law or where there is
NO commission of the crime, In general, Criminal Justice as a
process will not operate.
Define Criminal Law
• In the Philippines, CL is defined as that branch of Public
law, which defines crimes, treats of their nature and
provides for their punishment.
 Two Classifications of Criminal Law
1. Substantive Criminal Law
– defines the elements that are necessary for an act to constitute
crime and therefore punishable.
2. Procedural Criminal Law
– Refers to a statute that provides procedures appropriate for the
enforcement of the substantive law
– Outlining the process for invistigating, prosecuting and
adjudicating crimes.
 What are the sources of Substantive
Criminal Law in the PH
The following are the sources of substantive Criminal Law in
the Philippines;
1. The Revised Penal Code
• Primary criminal code of the Philippines, outlines the country’s penal
laws and regulations.
• It was enacted on December 8,1930 and took effect on January 1,
1932.
2. Presidential Decrees
• are laws issued by President of the PH, these decreees have the force
of law, but they can be repealed by congress or subsequent pres.
 What are the sources of Substantive
Criminal Law in the PH
The following are the sources of substantive Criminal
Law in the Philippines;
3. Special Penal Laws
– These laws are enacted to address particular societal
concerns, such as corruption, terrorism, cybercrime.
4. City and Municipal Ordinances
– laws enacted by local government
What are the sources of Procedural Criminal
Law in the PH
The following are the primary sources of criminal law
procedures in the PH;
1. The Bill of rights of the Philippine Constitutions
2. The Revised rules of criminal procedure; rules of court
3. Other Rules on Criminal Procedures promulgated by the
supreme court pursuant to its constitutional mandate.
Two basic principle of criminal law we adhere to
in the administration of the CJS
1. Presumption of Innocence
– This means that those who are accused of crimes are
considered innocent until proven guilty.
– thus, the accused is entitled to all the rights of the
citizens until the accused’s guilt has been determined
by the court of law or by the accused’s
acknowledgement of his guilt that he or she indeed
committed the crime.
 Presumption of Innocence
• Art. III, Sec. 14 (2), Philippine Constitution.
– Presumption of Innocence is a disputable presumption.
– A disputable presumption has the legal effect that unless it is
controverted or defeated by superior evidence, it can stand on
its own.
– Thus, in criminal cases, the prosecution has to defeat the
presumption of innocence of the accused.
• The assumption of innocence can be challenged and
overcome by evidence presented by the prosecution.
• The accused is initially presumed innocent.
• The prosecution presents evidence to challenge this
presumption.
• If the evidence is sufficient, the presumption of innocence
can be overcome, and the accused can be found guilty.
 BURDEN OF PROOF
• Refers to the responsibility of a party to
prove a disputed assertion or charge,
typically the party initiating a claim or lawsuit.
• This includes both the burden of production
(providing evidence) and the burden of
persuasion (convincing the judge or jury).
 Burden of Production vs. Burden of
Persuasion:
• Burden of Production: The responsibility to
introduce enough evidence to create a genuine
issue of fact that the trier of fact (judge or jury) must
decide.
• Burden of Persuasion: The responsibility to
convince the trier of fact that the claim is true,
based on the evidence presented.
• The burden of proof is the obligation on a party in a legal
dispute to provide sufficient evidence to support their
claim or position.
• Who bears it:
• Generally, the party making a claim or assertion (the
plaintiff in civil cases, the prosecution in criminal cases)
bears the burden of proof.
 Standards of Proof
The level of proof required to satisfy the burden of proof
varies depending on the type of case and the jurisdiction:

 Beyond a reasonable doubt: The standard in criminal

cases, requiring the prosecution to prove guilt to a high
degree of certainty.
 Beyond a Reasonable Doubt
• The prosecution must show strong evidence that the
defendant committed the crime.
• The evidence must be convincing enough to eliminate
any reasonable doubts about the defendant's guilt.
• If there's still a reasonable doubt, the defendant should
be acquitted (found not guilty).
• This standard is used to protect the accused from
wrongful conviction and ensure that justice is served.
 Preponderance of Evidence
• legal standard used in most civil cases, which means:
• The plaintiff (the person suing) must show that their claim
is more likely to be true than not true.
• - The plaintiff doesn't need to prove their case with
absolute certainty.
• - They just need to show that their version of events is
more probable than the defendant's version.
 Clear and Convincing Evidence
• Legal standards means:
• The evidence presented must be highly probable,
credible, and convincing, leaving little doubt in the mind
of the judge or jury.
• This standard is higher than "preponderance of the
evidence" (used in most civil cases) but lower than
"beyond a reasonable doubt" (used in criminal cases).
 The Burden of Proof
• The burden of proof lies in the public prosecutor. It
is incumbent upon the prosecutor to prove that the
accused is guilty as charged.
• The accused is entitled to all the rights of an
individual citizen until the guilt is proven. This is the
reason why the accused under the constitution is
granted the right to bail except under
circumstances.
 Concept of the proof beyond reasonable
doubt
• In the Philippine setting, our criminal proceeding carries the
penalty of imprisonment or deprivation of liberty and on the
extreme, the punsihment of death.
• In order to make sure that only those who are truly guilty of the
crime are punished and that no person who is innocent is
imprisoned, our rules on evidence provide that the weight of
evidence required to convict an accused for a criminal act must
PROOF BEYOND REASONABLE DOUBT.
• Unless his guilt is shown beyond reasonable doubt, he is entitled
to an acquittal.
Different Nomenclatures given to the person who
is being processed under the CJS
• At the police stage, during investigation, he is
referred to as the SUSPECT.
• At the Prosecutors office, during the determination
of probable cause or during the preliminary
investigation, he is referred to as the
RESPONDENT.
• At the trial of the case, when a case has been filed
in Court, he is referred to as the ACCUSED.
Different Nomenclatures given to the person who
is being processed under the CJS
• Once the court has determined that the accused is
guilty beyond reasonable doubt as charged and the
judgment has been rendered, he is referred to as
the CONVICT
• It is only upon undergoing all the process when the
person has served the sentence when he can really
be considered as CRIMINAL
 Philosophical Approaches behind CJS
• Adversarial Approach
• Inquisitorial Approach
 Adversarial approach
• An adversarial approach, also known as the
adversarial system or accusatorial system, is a
legal framework where two opposing parties
present their cases before a neutral judge or jury,
with the parties responsible for gathering evidence,
presenting arguments, and cross-examining
witnesses
 Adversarial Approach
• The adversarial system is based on the idea that truth
emerges from the competition and clash of opposing
arguments and evidence.
• Parties: The prosecution (in criminal cases) and the
defense (in both criminal and civil cases).
• Judge/Jury: A neutral party who listens to the arguments
and evidence and makes a decision.
 Responsibilities of Parties:
• Gathering Evidence: Each party is responsible for
gathering and presenting their own evidence.
• Presenting Arguments: Each party presents their case
to the judge or jury, arguing for their client's position.
• Cross-Examining Witnesses: Each party has the
opportunity to question the witnesses presented by the
opposing party.
 Adversarial Approach
• The adversarial approach assumes innocence.
• The prosecutor representing the state must prove the
guilt of the accused.
• This approach requires that the proper procedures are
followed, procedures designed to protect the rights of the
accused.
• This approach embodies the basic concept of equal
protection and due process.
 INQUISITORIAL APPROACH
• the inquisitorial system (used in some civil law
systems) has the judge taking a more active
role in investigating the case and questioning
witnesses.
• The judge takes an active role in investigating
the case, questioning witnesses, and
gathering evidence.
 Inquisitorial Approach
• Role of the Judge:
• More of a facilitator of the truth-seeking process, rather
than a neutral referee.
• Role of the Parties:
• Parties still present their cases, but the judge plays a
more active role in the investigation and questioning.
 Inquisitorial Approach
• The inquisitorial system assumes guilt.
• The accused must prove that they are innocent.
• This approach places greater enphasis on conviction
rather than on the process by which the conviction is
secured.
Distinguish the above philosophical approaches

• As to the presumption:
Adversarial - assumes the accused to be innocent.
Inquisitorial - assumes the accused to be guilty.
• As to the burden of proof:
Adversarial - places the burden on the public prosecutor
to prove the guilt of the accused.
Inquisitorial - places the burden to the accused in proving
his innocence.
• As to the emphasis:
Adversarial - places imphasis on the process.
Inquisitorial - places imphasis on the conviction of the
accused.
 Philosophical Approach adopted by Philippines
CJS
• Philippines adopts the Adversarial Approach. This is
obvious due to the greater emphasis on the observance
of due process and of the litany of rights in our
Constitution’s Bill of Rights.
 Law Enfocement
• The law enforcement as the first pillar is considered to be
the “initiator” of the “prime mover” of the CJS.
• It is cosidered as “the initiator of the actions” that other
pillars must act upon to attain its goal or objective.
• Some authors would state that without the police initiating
the action, the system would be at standstill.
• Example: Effecting an arrest, suerveillance, crime
investigation
 General Functions of the Law Enforcement
To prevent criminal behavior
– Prevention involves all the factors directed toward
eliminating the causes of crimes. (Education)
To reduce crime
– Crime reduction essentially means eliminating and reducing
opportunities for criminal behavior. (Police Omnipresence)
 To apprehend and arrest offenders
– This function includes crime investigation and gathering of
evidence that could withstand the scrutiny of the court
 General Functions of the Law Enforcement
To protect the life and property
– Protecting life and property is essentially the
purpose why the PNP was created.
To regulate the non-criminal conduct
This involves the community service and the
maintenance of order functions of PNP.
PNP - Philippine National Police
NBI - National Bureau of Investigation
PCG - Philippine Coast Guard
PPA - Philippine Ports Authority
AFP - Armed Forces of the Philippines
AMLC - Anti-Money Laundering Council
PDEA - Philippine Drug Enforcement Agency
BI - Bureau of Immigration
BoC - Bureau of Customs
BFP - Bureau of Fire Protection
BIR - Bureau of Internal Revenue
LTO - Land Transportation Office
NICA - National Intelligence Coordinating Agency and many more...
 Primier law enforcement agencies tasked to
enforce criminal law
• Philippine National Police
• National Bureau of Investigation
• Bureau of Internal Revenue in cases of tax
evasion.
 Philippine National Police (PNP)
• The PNP was established by the enactment of R.A. 6975
otherwise known as the DILG ACT of 1990, reorganizing
the Department of Interior and Local Government.

• It was established on January of 1991, the date of its

effectivity.
 Philippine National Police (PNP)
• Pursuant to the provision of the Constitution, the
Congress of the Philippines is mandated to “establish and
maintain one police force, which shall be national in scope
and civilian in character, to administered by the National
Police Commission.”
• R.A. 6975 establishing the Philippine National Police.
• It is the PNP that is primarily charged to perform police
function throughout the Philippines.
• Pursuant to the provision of the Constitution, the congress
of the philippines is mandated to “establish and maintain
one policce force, which shall be national in scope and
civilian in character, to be administered by national police
commission. (Art. 16, Sec. 6 of Ph. Constitution.)
 Reorganization of PNP
• Republic Act No. 8551 (Feb. 25, 1998)
– An act providing for the reform and reorganization of the PNP
and for other purposes, amending certain provisions of R.A.
6975 entitled, “An Act establishing the Philippine National
Police under a re-organized Department of the Interior and
Local Government, and for other purposes”
– Under this law, the PNP shall be a community and service
oriented agency responsible for the maintenance of peace and
public safety.
 Powers and Functions of the PNP
• Enforce all laws and ordinances relative to the protection
of lives and properties;
• Maintain peace and order and take all the necessary
steps to ensure public safety;
• Investigate and prevent crimes, effect the arrest of
criminal offenders, bring offenders to justice and assist in
their prosecution;
• Exercise the general powers to make arrest, search, and
seizure in accordance with the Constitution and pertinent
laws.
• Detain an arrested person for a period not beyond what is
prescribed by law, informing the person so detained of all
his rights under the Constitution;
• Issue licenses for the possession of firearms and
explosives in accordance with law;
• Supervise and control the training and operations of
security agencies and issue licenses tp operate security
agencies, and to security guards and private detectives,
for the practice of their professions; and
• Perform such other duties and exercise all other functions
as may be provided by law.
 Powers of PNP enumerated under R.A. 6975

1. Order Maintenance
2. Community Service Function
3. Law Enforcement
4. Neighborhood Policing/Team Policing/Community
Policing
Powers of PNP enumerated under R.A. 6975

1. Order Maintenance
– ORDER- as the absence of disorder, which means
behavior that tends to disrupt the peace and tranquility
of the public or that involves serious face to face conflict
between two or more persons.
– The maintenance of order more than the problem of law
enforcement, is central to policeman’s (especially the
patrolman) role for several reasons;
Powers of PNP enumerated under R.A. 6975
2. Community-Service Function
– Police perfoms a variety of services related to to law
enforcement. One of which is community service.
3. Law Enforcement
– The third major area of police functions. We not only empower
the police to enforce the law, but we expect that they will so.
4. Neighborhood Team Policing
– It is a concept of accomplishing the essential functions of the
force by assigning a team of policeman in the particular locality
at more or permanent basis.
 Crime Detection
• Refers to the process, techniques and
strategies used by law enforcement agencies
to identify, investigate, and solve crimes.
• Through crime detection, the police are
typically the first component of the justice
system to deal with the commission of the
crime.
Key components;
• Investigation: Gathering evidence, interviewing
witnesses and analyzing clues to reconstruct
crimes.
• Intelligence Gathering: Collecting and analyzing
data to identify patterns, trends and suspects.
• Forensic Science: Applying scientific principles to
analyze physical evidence, such as DNA,
fingerprints and ballistics.
Key components;
• Surveillance: Monitoring individuals, locations, or
activities to gather evidence or intelligence.
• Undercover Operations: Conducting covert
investigations to gather evidence or intelligence.
• Collaboration: Working with other law enforcement
agencies, experts and stakeholders to share
intelligence and best practices.
 How is crime detected?
a) The most typical way that crimes come to the attention of
the police is for the victim to report its occurence to the
police.
b) A less typical way for the policed to be advised of the
crime is through the reporting of someone who has
witnessed its commision or has come upon evidence
indicating that crime has been committed.
c) The Police themselves through their proactive routine
operations.
 What is the most important part of crime
detection?
• An important part of crime detection may be the result of
an aggressive police work.
• Experienced police officers and detectives sometimes
concentrate their surveillance operations and investigate
efforts on persons, situations, or places in which past
experience has taught them that criminal behavior is
likely.
Example: Conducting a buy-bust operations
 Buy-bust Operation
• is also known in legal and police parlance as a form of
“entrapment”.
• This simply means that ways and means are resorted to
by the police officers in order to catch a law violator as
distinguished from “instigation” wherein the police
basically induced the person into committing a crime.
• Entrapment - the person caught by the police is criminally
liable for the crime committed;
• Instigation - the person induced is not criminally liable but
the police officer who induced the latter may be held
criminally, civilly, and administratively liable.
 Arrest and Search Warrant
• ARREST
refers to the taking a person into custody in order that he
may be bound to answer for the commission of the crime.

 Probable cause in effecting arrest.

Probable cause is a fact and circumstances which would
lead a reasonably discreet and prudent man to believe that
an offense has been committed by the person sought to be
arrested.
• SEARCH WARRANT
is an order in writing issued in the name of the people of
the Philippines signed by the judge and directed to the
peace officer, commanding him to search for personal
property and bring it before the court.
 Requisites for the issuance of a search warrant

• A search warrant shall be issued only upon;

upon probable cause,
in connection with one specific offense,
to be determined personally by the judge,
after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
thing to be seized.
 Personal properties to be seized

a) Subject of the offense;

b) Stolen or embezzled and other proceeds, fruits of the
offense; or
c) Used or intended to be used as the means of the
commission of the offense.
 Quiz no. 1
1.