Criminal Justice System
Criminal Justice System
“The state shall establish and maintain one police force which shall be national
in scope and civilian in character…”
-headed by the Chief, PNP, with the rank of Director General, appointed by
the President and who shall serve a term of office of four (4) years.
NATIONAL IN SCOPE
- means that the PNP is a nationwide
government organization whose jurisdiction
covers the entire breadth of the Philippine
archipelago.
- all uniformed and non-uniformed personnel
of the PNP are national government
employees.
CIVILIAN IN CHARACTER
- means that that the PNP is not a part
of the military, although it retains some
military attributes such as discipline
.
Pertinent of laws of PNP:
• RA 6975- “DILG ACT of 1190” approved on
December 13, 1990.
• RA 8551- “PNP REFORM AND REORGANIZATION ACT
OF 1998” approved on February 25, 1998.
• RA 9708- “an act extending for 5 years the
reglementary period for complying the minimum
educational qualification for appointment to the PNP
and adjusting the promotion system thereof” –
approved on august 12, 2009.
PNP Functions
• Enforce all laws and ordinances relative to the protection of lives and properties
• Maintain peace and order and take all 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 to operate
security agencies and to security guards and private detectives, for the purpose of their professions
NATIONAL BUREAU OF INVESTIGATION
-The National Bureau of Investigation (NBI) saw its inception on November 13, 1936
upon
- approval of Commonwealth Act No. 181 by the legislature
-Tasked with organizing a Division of Investigation or DI patterned after the United
States Federal Bureau of Investigation were Thomas Dugan, a veteran American police
captain from the New York Police Department and Flaviano C. Guerrero, the only
Filipino member of the United States Federal Bureau of Investigation.
-On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau
of Investigation. Later, it was amended by Executive Order No. 94 issued on October 4,
1947 renaming it to what it is presently known, the National Bureau of Investigation
(NBI).
-The NBI is a government entity that is civilian in character, and national in scope which
is under the Department of Justice.
FUNCTIONS OF THE NBI
1. Investigate crimes and other offenses against the laws of the Philippines, both on its own initiative
and as public interest may require;
2. Assist, when officially requested in the investigation or detection of crimes and other offenses;
3. Act as national clearing house of criminal records and other information for use of all prosecuting
and law enforcement entities in the Philippines, of identification records of identifying marks,
characteristics and ownership or possession of all firearms and test bullets fired therefrom;
4. Give technical help to all prosecuting and law enforcement offices, agencies of the government,
and courts which may ask for its services;
5. Extend its services in the investigation of cases of administrative or civil in nature in which the
government is interested;
6. Establish and maintain an up-to-date scientific crime laboratory and conduct researches in
furtherance of scientific knowledge in criminal investigation;
7. Coordinate with other national or local agencies in the maintenance of peace and order;
8. Undertake the instruction and training of a representative number of city and municipal peace
officers at the request of their respective superiors along effective methods of crime investigation and
detection in order to insure greater efficiency in the discharge of their duties.
Other Law Enforcement agencies:
• National Bureau of Investigation (created by Commonwealth Act 181 and reorganized by republic act 157)
• Philippine Drug Enforcement Agency (PDEA)- RA 9165
• Optical Media Board (OMB)- RA 9239
• Bureau of Customs (BOC)
• Bureau of Immigration (BI)
• Bureau of Interval Revenue (BIR)
• Bureau of Quarantine (BQ)
• Bureau of Foods and Drugs (BFAD)
• Commission of Human Rights (CHR)
• Maritime Industry Authority (MARINA)
• Philippine Coast Guard (PCG)- RA no. 9993
• Movie and Television Review and Classification Board (MTRCB)
• Intellectual Property Office (IPO)- RA no.8239
• Department of Environment and Natural Resources (DENR)
• Bangko Sentral ng Pilipinas (BSP)
• Land Transportation Office (LTO) RA 4136
Optical Media Board (OMB) – formerly known as Videogram Regulatory Board, the OMB operates
against the proliferation of fake and pirated VHS DVD, VCD or CD tapes.
Bureau of Customs (BOC) – BOC, under the Department of Finance is tasked to enforce customs and
tariff duties in all the Philippine airports and seaport nationwide. It investigates and arrests smugglers
and those suspected of violating custom laws.
Bureau of Immigration (BI) – Bureau of Immigration, an attached agency under the Department of
Justice, is tasked to enforce the immigration laws of the country. It investigates and arrests illegal and
undocumented aliens, foreign fugitives and criminals operating in the country.
Bureau of Internal Revenue (BIR) - BIR enforces tax laws and regulations. It investigates tax evasion
cases and arrests similar violators. BIR is under the Department of Finance.
Bureau of Quarantine – the Bureau of Quarantine is an attached agency under the department of
Health. It is empower to enforce measures to stop, control and monitor the spread of disease by
conducting quarantine on all air and seaports across the country.
Bureau of Food and Drugs (BFAD) – BFAD enforces and regulates manufacture of food and drugs. It
investigates and arrests unscrupulous manufactures and makers of substandard food and drugs
without license or permits. BFAD is under the Department of Health.
Commission on Human Rights (CHR) – is an independent constitutional office created under the
1987 Constitution of the Philippines, with the primary function of investigating all forms of human
rights violations involving civil and political rights in the Philippines.
Maritime Industry Authority (MARINA) - MARINA regulates the maritime and shipping industry.
It oversees the sea worthiness of all sea-going vessels.
Philippine Coast Guard (PCG) – is an armed and uniformed service tasked primarily with enforcing
laws within Philippine waters, conducting maritime security operations, safeguarding life and
property at sea, and protecting marine environment and resources; similar to coast guards around the
world.
Movie and Television Review and Classification Board (MTRCB) – MTRCB operates against
pornography films shown on television and movie houses.
Intellectual Property Office (IPO) – IPO, an interagency attached under the Department Of
Trade and Industry operates against the intellectual property and copyright laws.
Department of the Environment and Natural Resources (DENR) –DENR operates against
illegal logging. It investigates and prosecutes violators of environmental protection laws.
Land Transportation Office (LTO) – LTO regulates land transportation industry and enforces
transportation laws and regulations. Investigates arrest and prosecutes “colorum” or out of
the line vehicles.
Banko Sentral ng Pilipinas –BSP regulates banking industry and enforces banking laws.
Investigates arrest and prosecutes counterfeit currency manufacturers and passers.
Philippine Drug Enforcement Agency (PDEA)- is the lead anti-drug law enforcement agency,
responsible for preventing, investigating and combating any dangerous drugs, controlled
precursors and essential chemicals within the Philippines.
Prosecution (2nd Pillar)
-is the process or method whereby accusations are
brought before the court of justice to determine the
guilt or innocence of the accused.
IN PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION?
In the Philippines, the prosecutor is the government officer, tasked to
conduct the prosecution of criminal actions in court. The Revised Rules of
Court expressly provides that the prosecution has the direction and control of
the case.
Although in the Municipal Trial Court or Municipal Circuit Trial Courts when
the prosecutor is absent, the offended party, any peace officer, or public
officer charged with the enforcement of the law violated may prosecute the
case. But such authority shall cease upon actual intervention of the prosecutor
r upon elevated to the RTC.
NATIONAL PROSECETION SERVICE (NPS)
The NPS is under the supervision and control of the Department of Justice (DOJ) and is
tasked as the prosecutorial arm of the government. Its most important function in the
Criminal Justice System is to maintain and recognize the rule of law through the speedy
delivery of services particularly in the investigation and prosecution of all crimes under the
Revised Penal Code, Presidential Decrees and other special penal laws.
Military Court- a court that exercises jurisdiction over men and women of the AFP who violates article of
War. The president as commander-in-chief has the authority the decisions made by them.
The Shari’a Courts- This court was created under Presidential Decree 1083. This court was established in
certain specified provinces in Mindanao where the Code of Muslim Personal Laws of the Philippines is
being enforced.
A Shari’a District Court is of limited jurisdiction. Cases falling within the exclusive jurisdiction primarily
pertain to family rights and duties as well as contractual relations of Filipino Muslims in Mindanao. It has
appellate jurisdiction over all cases tried in Shari’a Circuit Courts within their territorial jurisdiction. There
are five Shari’a District Courts.
A Shari’a Circuit Courts is similar to Municipal Circuit Trial Courts and were established in certain
municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced.
There are fifty-one Shari’a Circuit Courts.
Corrections (4th Pillar)
-it is concerned with the custody, supervision
and rehabilitation of criminal offenders.
Three (3) Correctional agencies in the Philippines
The community’s role in the prevention and control of crime has become doubly crucial
nowadays with the rise of the incidence of the crime especially kidnap for ransom, car
napping, drug trafficking, and bank robberies the involvement of police common, heinous
and organized crimes; the pervasiveness of graft and corruption in all levels of government;
the erosion of the moral fiber of society; and the prevalence of child abuse and exploitation
which endangers the family as the basic foundation the society.
The mobilized community as a pillar of a CJS has two fold roles which are;
Civic duty and responsibility to participate in the law enforcement activities by bring
partners of the police officer in reporting the crime incident, and helping the arrest of the
arrest of the offenders.
Civic duty and the responsibility to participate in the promotion of peace and order
through crime prevention and in the rehabilitation of convicts for their eventual
reintegration to society.
PRIMARY OBJECTIVE OF COMMUNITY PILLAR
1. COMMUNITY safety, children should be able to play outside without fear and families should be able to
take evening walks.
GOALS
Improved the quality of life of prisoners, people on release from prison, and their families.
Ease the transition to life after prison.
Assist the transition to life after prison.
Increase access to support service.
Promote health and wealth being.
Faster social cohesion.
Provide quality service and support.
Create opportunities for our clients to achieve independence.
COMMUNITY: BASE CRIME PREVENTION
Educational improvement
Health improvement
Involvement of religion
Involvement of mass media
Involvement of other community
Citizen involvement as a hole; and
Coordination of community crime prevention
The school is the sector ordained to educate the youth and to infuse in them the right values,
morals and character for useful and productive citizenship. Next to the family, the school
exercises and greatest influence on the youth growth and socialization since the child spends
most of his time in the school. Teacher are rightly called second parents who assume the
delicate responsibility of parenthood.
The dimension of churches influence embraces the whole country and the remotest of the
communities where mission or laity work take place. The church has unique resources that
can be used in any planned effort against crime and delinquency. Religion has spiritual and
moral persuasions that can easily generate sets and denomination for the solution of the
many problems in society. Charismatic communities offer alternative for spiritual and moral
development of individual, which if sustained, will have visible effect in the deterring him
from engaging in deviant activities.
Restorative Justice
-An effective alternative to the
administration of Criminal Justice.
End of
Presentation!