INTRODUCTION TO

PHILIPPINE
CRIMINAL JUSTICE
SYSTEM
What is
Crime?
• An act or omission in
violation of a public law
forbidding or commanding it.
• An act or omission
punishable by law.
What is Crime in the Criminological
Sense?
• A crime is a violation of societal rules of behavior
as interpreted and expressed by a criminal legal code
created by people holding social and political power.
• Individuals who violate these rules are subject to
sanctions by state authority, social stigma, and lose of
status.
What is Crime in the Criminological Sense?
(Cont…)
• This definition combines the consensus position that
the criminal law defines crimes with the conflict
perspective's emphasis on political power and
control and the interactionist concept of
stigma. Thus, crime as defined here is a political,
social, and economic function of modern life.
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 and the 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 (Sanggunian
Panlalawigan, Sanggunian Panlungsod,
Sanggunian Pambayan, Sanggunian
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.
In legal sense

• Criminologists define crime as a voluntary and

intentional violation by legally competent
person of a legal duty that commands or prohibits
an act for the protection of the society.
• A crime is punishable by judicial proceedings in
the name of the state.
From this legal definition, what are the
things that apparently constitute crime?
They are the following:
• 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."
• 2. It must be intentional. Thus, otherwise criminal act that
occurs by accident generally is not considered crimes.
From this legal definition, what are the
things that apparently constitute crime?
• 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 or those who are fifteen (15) years old and below."
• 4. The behavior that constitutes crime can be either an act of
commission or an act of omission. Thus, one may be 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 (ie. payment of tax).
• In this connection, an act or omission to constitute a crime must be
considered unlawful by the statute at the time the act is committed.
From this legal definition, what are the
things that apparently constitute crime?
• 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 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.
Based also on the legal definition, how may
the government convict a person of a crime?
In order to convict a person, the government must show that:
• 1. An act was committed, that at the time of its commission, was
prohibited, or that the accused failed to do something
commanded by law (act); (In this connection it is better to recall the
principles or maxims in criminal law as previously stated.)
• 2. 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);
Based also on the legal definition, how may
the government convict a person of a crime?
3. That the act resulted from the intent (the concurrence
of act and intent or negligence or imprudence);
4. That the act and the intent caused something to
occur that was offensive to the law (causation); and
5. That it caused some harm to society (result).
 In the Philippines,
NOTE:
if a crime is punished by the
Revised Penal Code, it is called
a felony;
if by a special law, it is called
an offense;

if by an ordinance, it is called
an infraction of an
ordinance.
How are crimes classified by
criminologists?
• Criminologists devote a great deal of attention to defining crime in general or in
specific terms.
• Some of the examples of criminological classifications of crimes are the following:

1. The types of victims (child abuse, women, elderly)

2. The type of offenders (white-collar crimes, hate crimes, blue collar crimes)
3. The object of the crime (property, person, state)
4. The method of criminal activity (organized, accidental or negligence, or modus
operandi)
5. Degree of Gravity (Light, Serious, or Less Serious)
How are crimes classified by
criminologists?
6. Nature of Crime (mala in se or mala prohibita)
7. Classify as to its source of enactment or legislation (Felony, Offense, Infraction of an Ordinance)
8. Formal Crime or Informal Crime (consummated immediately [like, oral defamation of physical
injury] or there are stages in its commission)
9. Continuing Crime (elements of the crime may be committed in different places or venue [like
kidnapping, estafa or swindling, or in violation of the Anti-Trafficking in Persons Act of 2012 or
R.A. 10364] or that the crime is committed in a continuous or series of acts manifesting the same
or singular intent or purpose)
10. Transitory crime (crime is committed while on board a private or public vehicle or on board a
vessel
11. Status offense (punishable when committed by minors but not when committed by adults)
How are crimes classified under Book
II of the Revised Penal Code?
A. Crimes Against the National Security and the Laws of the State
B. Crimes Against the Fundamental Law of the State
C. Crimes Against Public Order
D. Crimes Against Public Interest
E. Crimes Relative to Opium and Prohibited Drugs
F. Crimes Against Public Morals
G. Crimes Committed by Public Officers
H. Crimes Against person
I. Crimes Against Personal Liberty and Security
J. Crimes Against Property
K. Crimes Against Chastity
L. Crimes Against the Civil Status of Persons
M. Crimes Against Honor
N. Quasi-Offenses
WHAT IS THE
CRIMINAL JUSTICE
SYSTEM?
 IT IS DEFINED AS “THE MACHINERY OF THE
STATE OR GOVERNMENT WHICH ENFORCES
THE RULES OF CONDUCT NECESSARY TO
PROTECT LIFE AND PROPERTY, AND
MAINTAIN PEACE AND ORDER”.
 Three Pillars

South
USA Korea, China
and
 Four Pillars

Singapor Myanma Japan,

England
e, r, and
 Five Pillars

Law
Prosecution Correction,
enforcemen Courts, Community
, and
t,
CRIMINOLOGY AND
CRIMINAL JUSTICE
DIFFERENTIATED
CRIMINAL JUSTICE
SYSTEM
"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"."

AMERICAN CRIMINAL JUSTICE SYSTEM'S MAIN FOCUS

ENFORCEMENT
ADJUDICATION
CORRECTION.

According to Siegel and Senna

CJS as
General
• 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.
CRIMINOLOGY
Criminology
• “The body of knowledge regarding crime as a social phenomenon. It
includes within its scope the process of making laws, of breaking laws,
and of reacting toward the breaking of laws"?
• Sutherland, Cressey and Luckenbill
They further note
that Criminology has The Sociology of
three interrelated
divisions; these are: Criminal Law

The Sociology of Crime

and Social Psychology

The Sociology of
Punishment and
Correction
WHAT IS THE DIFFERENCE
BETWEEN CRIMINAL
JUSTICE AND
CRIMINOLOGY?
• (a) While Criminology explains the etiology, extent, and
nature of the crime in society: Criminal Justice studies the
agencies of social control that handle criminal offenders.
• (b) While Criminologists are concerned with identifying
the nature, extent, and causes of crime; Criminal Justice
scholars engage in describing, analyzing, and explaining
the operations of the agencies of justice, specifically the
police agencies, the prosecution, the courts, and the rest of
the pillars of the system in seeking more effective methods
of crime control and offender rehabilitation."
CRIME AND CRIMINAL
JUSTICE SYSTEM
WHAT IS THE EVENT
THAT CALLS FOR THE
OPERATION OF THE
CJS?
• 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 as incumbent
upon their role in the criminal justice process.
Legal principles or maxims
regarding a crime or a criminal act?
• (a) "Nullum crimen nulla poena sine lege "That is - There is no crime
where no law is punishing it.
• (b) The maxim is, "actus non facit reum, nisi mens rea"- A crime is
not committed if the mind of the person performing the act complained
be innocent.
• (c) The maxim is "Actus me invito factus, non est meus actus"- An
act done by me against my will is not my act.
• (d) Crimes mala en se and crimes mala prohibita. The first set of
crimes refer to those that are naturally criminal on moral grounds while
the second set of crimes pertain to those acts that have been
criminalized for regulatory purposes. Murder is an example of a mala en
se while Illegal Possession of Firearms and Ammunition is an example of
mala prohibita.
CRIMINAL LAW AND
THE CJS
What is the Basis of the CJS?
• The Criminal Justice System is based on the enacted. Criminal
Law/Statutes.
• Only violations of Criminal Law are being considered and processed in
the Criminal Justice System. 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.
• Sometimes, even if the act of a person is somewhat generally
annoying or obnoxious to some people, that person cannot be
processed in the criminal justice system in the absence of an enacted
Criminal Law.
• The advent of the modern concept in corrections like restorative
justice and diversion will drastically change the point of view of the
public concerned.
Criminal Law
• In the Philippines,
Criminal Law is defined
as that branch of public
law, which defines
crimes, treats of their
nature, and provides for
their punishment.
What are the two classifications of
criminal law?
• Substantive Criminal • Define procedural criminal
Law law.
Procedural Criminal Law
Substantive Criminal
refers to a statute that provides
Law defines the elements procedures appropriate for the
that are necessary for an enforcement of Substantive
act to constitute a crime Criminal Law.
and therefore punishable.
What are the sources of substantive
criminal law in the Philippines?
• The following are the sources of Substantive Criminal Law in
the Philippines:
1. The Revised Penal Code
2. Presidential Decrees
3. Special Penal Laws
4. City and Municipal Ordinances
What are the sources of procedural
criminal laws in the Philippines?
• The following are the primary sources of Criminal Law
Procedures in the Philippines:
(a)The Bill of Rights of the Philippine Constitution.
(b)The Revised Rules of Criminal Procedure; Rules of Court.
(c)Other Rules on Criminal Procedures promulgated by the Supreme Court
pursuant to its Constitutional mandate.
WHAT ARE THE TWO BASIC
PRINCIPLES OF CRIMINAL LAW
WE ADHERE TO IN THE
ADMINISTRATION OF THE CJS IN
THE PHILIPPINES?
• Our system of justice operates on two key principles of
criminal law.
• The first is "the presumption of innocence" This means
that those who are accused of crimes are considered innocent
until proven guilty. This is the fundamental assumption of our
legal system that at least in theory is supposed to exist.
• 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 acknowledgment of his guilt that he
or she indeed committed the crime.
• The second principle is "the burden of proofs”
which in criminal cases means that the government
must prove beyond reasonable doubt that the
suspect committed the crime. Because criminal
prosecutions carry the penalty of imprisonment and
even death in some cases, the state through the
prosecution is given a difficult burden. Nevertheless, it
is the bedrock of our social - and through it, our legal
system.
 Principle of Presumption of Innocence
No less than the Constitution of the Philippines provides that an accused shall be presumed
innocent until proven guilty.

The burden of proof lies in the public prosecutor. It is incumbent upon the prosecutor to prove
that the accused is guilty as charged.

In so doing, the prosecutor must rely on the strength of his/her evidence and not on the
weakness of the accused's evidence."

It follows, therefore, that 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 certain crimes committed.
 Concept of Proof Beyond Reasonable
Doubt

In order to make sure that only those

who are truly guilty of the crime are
punished and that no person who is
In the Philippine setting, our criminal innocent is imprisoned, our Rules on
proceeding carries the penalty of Evidence provide that the weight of
imprisonment or deprivation of liberty evidence required to convict an accused
and on the extreme, the punishment of for a criminal act must be proof beyond
death. reasonable doubt. Unless his guilt is
shown beyond reasonable doubt, he is
entitled to an acquittal."
Meaning of Proof Beyond Reasonable
Doubt
• Proof beyond reasonable doubt does not mean such
a degree of proof as, excluding the possibility of
error, produces absolute certainty. Moral certainty is
only required, or that degree of proof which
produces conviction in an unprejudiced mind.
CRIMINAL IN RELATION
TO CJS
Who is the criminal in relation to the
administration of the CJS?
• The criminal is the main character, so to
speak, of the Criminal Justice System.
• Some authors even refer to him as the
superstar, if you will, because upon him the
pillars of the system revolve.
A criminal, in the criminological sense, the
legal sense and as defined in the criminal
justice sense.
• A criminal may be defined in three (3) different views:
1. In the 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.
2. In the LEGAL SENSE, a person may be considered a criminal only
upon undergoing the judicial process and upon determination
by the Court that he or she is guilty beyond reasonable doubt.
3. In the CRIMINAL JUSTICE SENSE, a criminal may be defined as one
who has undergone the process and went through all the
pillars of the Criminal justice System.
Different nomenclatures given the person
who is being processed under the CJS
1. At the police stage, during in the investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during
the he Preliminary Investigation, he is referred to as the RESPONDENT
3. At the trial of the case, when a case has been filed in Court, he is referred to as
the ACCUSED
4. 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
5. It is only upon undergoing all the processes when the person has served the
sentence that he can really be considered as a CRIMINAL
Classifications of offenders or
criminals
• As to the crime committed (for the crime of murder, murderer, for the
crime of robbery, robber; for theft, a thief, for rape, rapist, etc.
• As to the method by which the crime was committed (Akyat Bahay Gang,
Dura Gang or Alupihan Gang. Budol Budol Gang, etc.)
• As to the tools or instruments used in the commission of the crime (by
means of acetylene for Acetylene Gang: hammer for the Ben Panday
Gang, etc)
• As to the age of the offender (Juvenile Offenders or those committed by
minors)
Classifications of offenders or
criminals
• As to the general effect on the victim (those who are
committing violent crimes like murder, homicide,
physical injuries, or even terrorism).
• Sexual offenders (rape, serial rapes, violent rapes,
crimes against chastity)
• Repeat offenders (recidivism, Reiteration, Quasi-
Recidivism and Habitual Delinquency)
 HISTORICAL
DEVELOPMENT OF
LAW
 CONCEPT OF JUSTICE
GIVE THE CONCEPT OF
JUSTICE.
 Justice
• is fairness, moral rightness and a scheme or system
of law in which every person receives his/her/its
due from the system, including all rights, both
natural and legal.
 Justice
• Is social norm providing guidance for
people in their dealings with one another;
Mortimer J. Adler

• The first is "to render to each his due." For

instance if one borrows money promising to pay it
back, it is only just for the borrower to pay back the
said debt. It is rendering to him what is due. To
refuse to pay it back is unjust since it amounts to
keeping what belongs to another.
Mortimer J. Adler

• The second is "treat equals equally and unequal

unequally in proportion to their inequality." For
example, if all members of a class in school did not
do their assignment, all should receive the same
grade, otherwise there will be injustice. Justice
involves equal punishment for identical offenses and
equal rewards to identical merits.
Four elements of justice in order that
justice may be dispensed of absolutely.
To dispense absolute justice requires the presence of four
elements
1. The absolute ability to identify the law violator.
2. The absolute ability to apprehend law violator.
3. The absolute ability to punish law violator."
4. The absolute ability to identify the intent of the law
violator."
The four types of mistakes that can happen
when society attempts to administer justice.
• When societies attempt to administer justice, mistakes are
inevitable. The types of mistakes include the following:
1. The innocent is punished.
2. The guilty escapes the punishment.
3. The guilty are punishment more severely than necessary.
4. The guilty are punished less severely than necessary."
The justice system tends to possess a
two-fold role
1. The prevention of certain activity that is
harmful to society; and
2. The apprehension and the formal processing
of individuals who have committed illegal
acts.
WEDDING CAKE
MODEL OF JUSTICE
BY SAMUEL
WALKER
Layer 1: Celebrated Cases

• The top layer of the wedding cake model theory of

criminal justice includes the celebrated cases. These types
of cases garner a great deal of media attention because
the crimes are unusual or because the defendants are
celebrities or high-ranking officials.
Layer 2: Serious Felonies

• The second layer of the wedding cake model includes

serious felonies. On this layer of the cake, the criminal
justice system engages in its standard operating procedure
Layer 3: Lesser Felonies

• On the third layer of the wedding cake model

theory of criminal justice are lesser felonies. These
types of cases tend to be non-violent.
Layer 4: Misdemeanors

• The final layer of the wedding cake model includes

misdemeanor cases. These are the least-serious types of
crimes in the criminal justice system, excluding
traffic infractions. These types of cases include petty or
minor theft and disturbing the peace.
Significance of the Wedding Cake Model

• Assists in better understanding the operation of

the criminal justice system.
• How these cases fit into the overall justice
system leads to a clearer understanding
Duration
of
Penalties
PERSPECTIVE ON
JUSTICE
Crime Control Perspective.
• The proper role of the justice system is to prevent crime
through the judicious use of criminal sanctions.
a. The purpose of the justice system is to deter crime through the
application of punishment.
b. The more efficient the system, the greater its effectiveness.
c. The justice system is not equipped to threaten people, but rather
to investigate crimes, apprehend suspects, and punish the guilty.
Rehabilitation Perspective.
• As an expression of frustration and anger created by social
inequality and the justice system as the means of caring for and
treating people who have been the victims of this inequality.
a. It is better to treat than punish.
b. Criminals are society’s victims.
c. Helping others is a part of the culture.
Due Process Perspective
• The justice system should be
dedicated to providing fair and
equitable treatment to those
accused of a crime
 Nonintervention Perspective
• Limit their involvement with criminal defendants.
• They believe that regardless of whether intervention is designed to punish or treat
people, the ultimate effect of any involvement is harmful and will have long-term
negative effects.
a. The justice process stigmatizes offenders.
b. Stigma locks people into a criminal way of life.
c. Less is better. Decriminalize, divert, and deinstitutionalize whenever possible.
Justice Perspective.
• The greatest challenge facing the criminal justice the system is
its ability to dispense fair and equal justice to those who come
before the law.
a. People should receive equal treatment for equal crimes.
b. Decision making in the justice system must be standardized and
structured by rules and regulations.
c. Whenever possible, individual discretion must be reduced and
controlled.
d. Inconsistent treatment produces disrespect for the system.
Restorative Justice Perspective.
• promote a peaceful and just society
• . It views the effort of the state to punish and control as
encouraging crime rather than discouraging crime.
a. Offenders should be reintegrated back into society.
b. Coercive punishments are self-defeating.
c. The justice system must become more humane
LAW
• System of regulations to govern and control the conduct of the
people of a community, society, or nation.
• Subject to interpretation by and through courts.
• A major input to the criminal justice system and the society’s
primary instrument for making known what acts are crimes and
what sanctions may be applied
• “The need for social control which comes about whenever men
begin to live together in groups”.
Forms of Law

1. Common Law. It is known as the body of principles, practices,

usages, and rules of actions.
2. Statutory Law. It refers to a legislated law or law made by
legislatures.
3. Case Law. It is the law made by justices in cases decided in the
appellate courts, especially by the Supreme Court.
Types of Law

1. Civil Law. It refers to a law that has something to do with such matters as
contracts, wills, inheritances, marriage, property, annulment/separation,
adoption, and the likes, and with private injuries which are called “torts.”
2. Criminal or Penal Law. It is that branch or division of public law which
defines crimes, treats their nature, and provides for their punishment.
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”.
• creates the laws governing social behavior, attempts to prevent
violations of the laws, and apprehends, judges, and punishes those who
do violate them.
• all the means used to enforce those standards of conduct that are
deemed necessary to protect individuals and to maintain general
community well-being.
WHAT ARE THE FIVE
PILLARS OF THE
CRIMINAL JUSTICE
SYSTEM IN THE
PHILIPPINES?
• In the Philippine Setting, the following are the
pillars or components of the Criminal Justice
System:
1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Community
 GIVE THE THREE (3)
MAJOR COMPONENTS OF
THE AMERICAN CJS
• . The following are the major components
of the American Criminal Justice System:
1. Law Enforcement
2. Courts
3. Corrections
PHILIPPINES CRIMINAL
JUSTICE SYSTEM
• Orderly progression of events from the time a
person is arrested or taken out of the community,
investigated, prosecuted, sentenced, punished,
rehabilitated, and eventually returned to the
community.
Law Enforcement

• Particularly the Philippine National Police (PNP) is

under the Department of Interior and Local
Government (DILG); while the National Bureau of
Investigation is an agency attached to the
Department of Justice (DOJ).
The Prosecution Service
• It is under the DOJ; while the OMBUDSMAN is a Constitutional body
independent from even the three major and co-equal branches of
the government. On the other hand, the Public Attorneys Office
(PAO) is also under the DOJ. Thus, the prosecution, generally
considered the representative of the State in criminal cases, and
the Public Attorneys Office, which also generally represents the
accused or the respondent in criminal cases belong to the same
department of the government.
The Correctional Institutions
• Either under the DOJ or the DILG.
1. The Bureau of Corrections or the National Penitentiary is under the
DOJ.
2. By virtue of R.A. 6975, the Bureau of Jail Management and
Penology (BJMP) is in charge of the City or Municipal Jails while the
Provincial government is in charge of the Provincial Jails 56 Both
are under the DILG, 57 The Department of Social Welfare and
Development (DSWD) is also now deeply involved in the
correctional process especially with Children in Conflict of the Law
(CICL) by virtue of R.A. 9344 or the Juvenile Justice Welfare Act..
PCJS
Process
THE COLLABORATIVE
EFFORTS OF THE CJS

On Crime Prevention.
On Crime Deterrence.
On Crime Control.
On Crime Prevention
• Involves all the measures designed to avert or avoid the
commission of the crime.
• Patrolling
• Community Partnership
On Crime Deterrence.
• Measures imposed upon by the state through CJS
so that criminals will be punished in accordance
with the law to serve a lesson for others.
On Crime Control.
• Achieved by isolating the criminals for
incarceration thereby effectively controlling
them from further endangering society
OBJECTIVES OR GOALS OF
CJS

Primary
Secondary
Primary

a.Maintenance of peace and order

b.Protect members of the society
Secondary

a. Prevention of crime
b. Deterrence and control of crime
c. Apprehension of Criminals
d. The Judicial determination of guilt and innocence as that apprehended
e. Correcting criminal behavior
f. Conduct research and continuing study towards a better understanding of
criminal behavior and delinquency.
CJS ADMINISTRATION
ISSUES AND CONCERNS
As a System

• Indispensable to each other

• The police, who are in close contact with the
people, are often blamed for the shortcomings of
the CJS.
As a Non- System

• The four main players and lead agencies of the CJS

(police, prosecution, court, and correction) have their own
officials or leaders.
• Separation of powers among these CJS lead agencies
sometimes leads to competition and lack of cooperation
and concerns.
As to coordination among the pillars
• Therefore it should be of paramount importance for the
CJS to work efficaciously and speedily,
• it is essential for all these five pillars to work efficiently
and with dispatch, and in cooperation and coordination
with one another.
As to the Criminal being the Vital link in
the process
• The principal character in the CJS process, which
links the components together, is the offender or the
criminal.
• Criminal- Pampered
• Victim- Forgotten