CRIMINAL JUSTICE SYSTEM

Criminal justice system

• Is the machinery of the state or government
which enforces the rules of conduct necessary to
protect life and property and maintain peace
and order.
Five Pillars in the Philippine Criminal
Justice System
1. Law Enforcement
2. Prosecution
3. Courts
4. Corrections
5. Community
Law Enforcement (1st pillar)
• It is considered to be the “initiator” or
the “prime mover” of the criminal justice
system. It is considered as “the initiator
of the actions” that other pillars must
act upon to attain its goal or objective.
Philippine National Police
• Organized pursuant to RA 6975,
as amended by RA 8551.
The Philippine National Police is a law enforcement agency under the DILG. It
is under administrative control and operational supervision of the National
Police Commission. It is an organization that is national in scope and civilian in
character, as provided by Section 6, Article 16 of the 1987 Philippine
Constitution:

“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.

SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation
b. To make proper recommendation during the inquest of the case referred to them by the
police after the investigation of the suspect;
c. To represent the government or state during the prosecution of the case against the
accused;
d. To act as a legal officer of the province or City in the absence of its legal officer;
e. To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors,
including the support staff of the National Prosecution Service (NPS).
 Preliminary investigation
-it is the inquiry or proceedings for the purpose of
determining whether there is sufficient ground that the
crimes committed and probably guilty thereof and should
be held for trial.
PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION

a. To determine whether a crime has been committed and whether

there is probable cause to believe that the accused is guilty thereof;
b. To secure the innocent against hasty, malicious and oppressive
prosecution.
c. To protect the State from useless and expensive trials.
 Probable cause
-it is the existence of such facts and
circumstances as would exile the belief that
the person charged thereof.
 Court (3rd Pillar)
-is a governmental body officially
assemble under the authority of law at
the appropriate time and place or the
administration of justice.
General functions of the Courts in relation of the CJS:
1. To protect the rights of the accused – the courts are responsible for reviewing the
actions of law enforcement agencies to ensure that the police have not violated the rights of
the accused;
2. To determine by all legal means whether a person is guilty of a crime – review all
the evidences presented by the police to determine its relevance and admissibility in
accordance with the Constitution and the rules of Court;
3. To dispose properly of those convicted of the crimes – the Courts have the
responsibility to examine the background of the accused and the circumstances of the crime;
4. To protect the society – after the accused has been found guilty, the court may
determine if the offender should be removed from society and incarcerated in order to
protect the safety of life and property and this is specially in case of Probation;
5. To prevent and reduce criminal behavior –this is the task properly imposing the proper
penalty and sanctions that will serve to deter the future criminal acts by the offender an also
serve as an example and deterrent to others who would commit criminal acts or threaten
public safety.
 Different Courts
• Municipal Trial Court – a trial court in municipality and
the judge covers one municipality.
• Regional Trial Court- punishable by more than six years
imprisonment to reclusion perpetua or life imprisonment.
• Court of Appeal- it composed of 15 judges, 1 preceding
judge, and 68 associate justice.
• Supreme Court- it composed of 69 members, 1 chief of
justice and 14 associate justice.
 Special Courts
• Sandigan Bayan
• Court of Tax Appeals
• Family Court
• Military Court
• Shari’a Court
Sandiganbayan
A collegiate court that sit both as a trial court or as an appeal court when the accused is a
government employee classified as Salary Grade 27 or above and is charged with a crime in
connection with his office. This special court was established under Presidential Decree 1606 and its
rank is equivalent to court of Appeals. It sits in five divisions of three justices each. Those divisions
may sit at the same time. The first three divisions stationed in Metro Manila (Luzon) , the fourth
division in Cebu City (Visayas) and the fifth division shall be in Cagayan De Oro (Mindanao).

Court of Tax Appeals

A collegiate appellate court that has criminal jurisdiction over violation of the Internal Revenue
Code where the principal amount of taxes and fees exclusive of penalties and charges in one
million pesos or more. It is a special court of limited jurisdiction. It was created under Republic act
1125 and expanded its jurisdiction and enlarging its membership through Republic Act 9282. It is
the same level with Court of Appeals. It composed of Presiding Judge and five associate justices
and sits in two divisions consisting of three justices.
Family Court- a trial court that has jurisdiction over criminal offenses where either the victim or the
perpetrator is a child regardless of the offenses or penalty be imposed. It is created through Republic act
8369 otherwise known as “Family Court Act of 1997”.

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

1.Bureau of Correction (BUCOR)

-an agency under the Department of Justice (DOJ) that is charged with
custody and rehabilitation of national offenders.
2. Provincial Jails (PJ)
-a jail for the safekeeping of prisoners at the capital of each province , and
in the absence of special provision all expenses incident in the maintenance
thereof and of maintaining prisoners are borne by the province.
3.Bureau of Jail Management and Penology (BJMP)
-under of Department of Interior and Local Government (DILG)
-3 years awaiting trial
Different Correctional Institutions in the Philippines/Institutional
Government
1. New Bilibid prison (NBP)
-Located in Muntinlupa City
2. San Ramon Prison and Penal Farm (SRPPF)
-established in Southern Zamboanga and Political Offenders
3. Iwahig Penal Coloney and Penal Farm (IPPF)
-Located at Palawan, established on November 16, 1904
4. Davao Prison and Penal Farm(DPPF)
- Located in Davao Del Norte
5. Sablayan Prison and Penal Farm(SPPF)
- Located in Occidental Mindoro
6. Leyte Regional Prison(LRP)
- Located at Ibuyog , Southern Leyte
7.Correctional Institution for Women (CIW)
- Located at Mandaluyong and Leyte
New Bilibid Prison Identities
• Minimum –Bukang Liwayway (Brown)
• Medium – Camp Sampaguita (Blue)
• Maximum – Manila- main bilibid
(Tangerine/Orange)
• Detaine –(Gray)
 Non-Institutional Government
Parole
-is procedure by which prisoners are selected for release
on basis of the individual response to the correctional
institution and the service progress and by which they are
provided which the necessary controls and guidance as
they serve the remainder of their sentences within the free
community.
Probation
-is a privilege granted by the court to a person convicted
of a criminal offense to remain in the community instead of
actual going to prison.
 Community(5th Pillar)
-it 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.
THE ROLE OF COMMUNITY IN THE CRIMINAL JUSTICE SYSTEM

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.

SECONDARY OBJECTIVE OF COMMUNITY PILLAR

1. To provide the opportunity for offenders to make amends.

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

Enhancing Crime Prevention Strategy Through Sustainable Community Development

Role of the home or family

The home and family is the basic unit of society that bind children to parents and parents to children
through constant interplay of parents authority and final obedience. No other institution of the
community exert a more wholesome and positive effect upon the growth and achievers, on the one
hand, and the most notorious criminals and deviates, on the other hand nurtured. Its in the home that
child is given the basic elements that would allow him to grow up as a responsible and the law-
abiding member of the community. Strong and family ties based on love of God and neighbor ensure
a child satisfactory physical, mental, emotional, social, and moral development. The first five years
during which the personality of the individual is mold.
Role of the School

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.

Role of the Church

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!