5 Pillars of the Criminal Justice • Ensures maritime safety and marine environmental

protection
1. Law Enforcement: They conduct arrest, search and
seizure • Prevents entry of unsafe foreign vessels (Port State
Control)
2. Prosecution: Conducts preliminary investigation to
determine Prima Facie Evidence • Protects life and property at sea
3. Court: Determine the guilt of the accused • Attached to the Department of Transportation
(peacetime)
4. Correction: Rehabilitate and reforms offenders
• Attached to the Armed Forces of the Philippines during
5. Community: Widest pillar wartime
6. Bureau of Immigration (BI)
Law Enforcement Pillar of the CJS
• Enforces immigration and citizenship laws
1. National Bureau of Investigation (NBI)
• Regulates entry, stay, and departure of foreigners
• Investigates major and high-profile crimes affecting
national interest • Ensures foreign nationals comply with Philippine laws
• Conducts crime detection and case investigation • Maintains immigration records of foreign nationals
• Provides technical and forensic assistance to other • Acts as enforcement arm of the Department of Justice
agencies
7. Philippine Center on Transnational Crime (PCTC)
• Maintains a scientific crime laboratory
• Handles transnational crimes (cross-border crimes)
• Serves as a national clearinghouse of criminal records
and information • Coordinates government efforts against organized
crime
• Operates under the Department of Justice
• Focuses on terrorism, human trafficking, drug
2. Philippine Drug Enforcement Agency (PDEA) trafficking, money laundering, and arms smuggling
• Lead agency in anti-drug law enforcement • Strengthens coordination with international law
enforcement agencies
• Enforces Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) • Operates under the Office of the President
• Prevents and investigates illegal drug activities 8. Department of National Defense (DND)
• Conducts anti-drug operations and arrests • Guards the country against external and internal threats
• implements policies of the Dangerous Drugs Board • Supervises national defense programs and policies
• Operates under the Office of the President • Exercises executive supervision over the Armed Forces
of the Philippines
3. Land Transportation Office (LTO)
• Oversees the Office of Civil Defense and other attached
• Regulates motor vehicles and driver licensing defense agencies
• Issues driver’s licenses and vehicle registrations • Supports soldiers, veterans, and national security
• Collects registration fees, fines, and penalties initiatives

• Enforces transportation and traffic regulations • Promotes peace, security, and national stability

• Issues motor vehicle license plates

• Operates under the Department of Transportation Prosecution Pillar of CJS

4. Department of Environment and Natural Resources • 2nd pillar

(DENR) • Task: Investigation of the complaint filed before its
• Enforces environmental and natural resource laws office

• Manages forests, mineral resources, and public lands • Process in the criminal justice system or a party in a
criminal proceeding
• Regulates the use and licensing of natural resources
• Process: Process wherein the accusation is brought
• Protects watersheds, grazing lands, and protected areas before the court of justice to determine the guilt or
innocence of the accused
• Promotes conservation for future generations
5. Philippine Coast Guard (PCG)
Three kinds of Prosecution System
• Enforces maritime laws within Philippine waters
1. Adversarial System: Known as accusatorial. Victim or
• Conducts search and rescue operations at sea
his representative has the responsibility of finding and
presenting evidence in court. Accused is presumed
innocent
2. Inquisitorial System: Judge is responsible. Accused is Jurisdiction
presumed guilty until proven contrary.
• 6 years imprisonment or below: File directly to the
court having jurisdiction of the case (MTC, MCTC or
3. Mixed System: Both. Victim provides facts to prove
Prosecution’s Office)
the guilt of the accused (innocent and provides facts as
to his innocence) • Metropolitan Cities and chartered cities: filed only
with the office of the prosecutor
4. Agency Responsible: DOJ
• 6 years 1 day imprisonment or cases falling within
5. Prosecution’s Rule: government’s prosecution arm the jurisdiction of RTC: Office of the Prosecutor for
and administers the government’s criminal justice purposes of conducting preliminary investigation
system

Preliminary Investigation
MODULE 9:
 Definition: Inquiry or proceeding for the purpose of
Public Attorney’s Office (PAO) determining whether there is sufficient ground to
endanger a well-founded belief that a crime has been
• RA 9406: Reorganization Act
committed
• PAO is otherwise known as Chief Public Attorney  Who are the officers authorized to conduct:

• Objectives: Provide indigent sector access to counsel 1. Provincial or City Prosec and their assistants
at the time of need and to implement the constitutional
2. National and Regional State Prosecutors, and
guarantee of free access to court, due process and equal
protection laws 3. Other officers may be authorized by law
• Persons Qualified: Indigent persons or immediate  A.M. 05-8-26: Judges of MTC and MCTC not allowed
members of their family to conduct PI
 When: before filing of a complaint or information
where the offense penalty is 4y2m1d w/o regard to fine
Who is a Prosecutor?
Public Prosecutor Private Prosecutor Inquest Proceeding
Prosecute all criminal Maybe authorized in the  Informal and summary investigation without the
actions either commenced cases of heavy work benefit of warrant of arrest and for the purpose of
by complaint or schedule of public determining WON the person should remain under
information prosecutor or in event of custody and be charged in court
lack of prosecutor  Who conducts: Public prosecutor
 Where: Criminal case
May turn-over the actual They may be authorized  Person involves: person arrested or detained
prosecution of criminal in writing by Chief of the
case to the private Prosecution Office or the
prosecutor Regional State Prosecutor Complaint or Information
with the approval of the
court COMPLAINT INFORMATION
Sworn written statement Is an accusation in
Lawyers charging a person with an writing charging a person
offense, subscribed by the with an offense,
• Rights of the accused: Article 3, Section 12 and 14 of offended party, any peace subscribed by the
1987 Constitution (right to counsel) officer, or other public prosecutor and filed with
officer charged with the the court
enforcement of the law
Solicitor General violated.
• RA 9417: Created the office of Solicitor General Both: shall be in writing, in the name of the People of
• Head: Solicitor General the Philippines and against all persons who appear to
be responsible for the offense involved
• Function: Principal law officer and legal defender of
the Government

Who Prosecute Criminal Actions?

MODULE 10 • Who: Public prosecutor
Prosecution Process • When does Private Prosecutor allowed to prosecute:
1. Reporting of crime to proper authorities, barangay 1. Heavy work. Schedule of public prosecutor or
official and police authorities
2. Lack of public prosecutors
2. Secure barangay blotter or police blotter
3. Secure service of Competent lawyer
4. Filing of complaint-affidavit (Office of Prosecution)
 • Private prosecutor: With the written authorization 7. No torture, force, violence, threat, intimidation, or any
coming from the Chief of Prosecution officer or other means which vitiate the free will shall be used
Regional State Prosecutor and subject to the approval against him. Secret detention places, solitary,
of the court. incommunicado, or other similar forms of detention are
prohibited.
• This authority given to Private Prosec can be revoked
or withdrawn 8. Section 17. No person shall be compelled to be a
witness against himself.
MODULE 13
When is Complaint or Information Sufficient?
Court as Component of Criminal Justice System Court
• Requisites:
1. States the name of the accused
2. Designation of the offense given by the statute
3. Acts or omissions complained COURT
4. Name of offended party • It is the third (3rd) pillar in the Criminal Justice
5. Place of commission System.

• Offense is committed by more than one person = shall be • Pillar adjudicates cases and renders Judgment.
included in complaint or information • The entity of the government organized that is
responsible for the proper administration of justice.

Institution of Criminal Action • An organ of the government belonging to the judicial

department whose function is the application of the
1. Court of the municipality or territory where the laws to controversies brought before it and the
offense was committed or where any of the essential public administration of justice.
ingredients occurred
2. Offense is committed in train, aircraft or public or
private vehicle: court of any municipality or territory FUCNTIONS OF THE COURT
where such train, aircraft or other vehicle passed 1. The court of justice functions primarily to dispense
during its trip including is place of departure and justice, it decides over controversies brought over
arrival and interprets the laws of the state.
3. Board a vessel in the course of its voyage: court of 1st 2. It also protects the rights of the accused by ensuring
port of entry and where the vessel passed during that no rights have been violated by the law
voyage enforcement agencies.
4. Crimes committed outside the Philippines but 3. It reviews all the evidence presented by the police to
punishable by Art 2: Court where the criminal actions determine its relevance and admissibility in
is first filed accordance with the Constitution and the rules of
Court.

MODULE 11
Rights of the Accused FOUR (4) DIFFERENT LEVELS OF COURT

Legal Basis: 1987 Constitution 1. MTC, MCTC AND MeTC

1. Art. 3, Sec. 12 (1): Right to be informed and Right to

Counsel
2. Art. 3, Sec. 1: Due Process and Equal Protection Cause
3. Miranda vs. Arizona: Basis of Miranda Rights
4. Republic Act No. 7309
5. Republic Act 7438
6. 1987 Phil. Constitution, Article III Bill of Rights - 2. REGIONAL TRIAL COURT
Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
requires otherwise, as prescribed by law.
NOTE: Any evidence gather in violation of this rights are
not admissible as evidence in court.
3. COURT OF APPEALS Section 6 – Means to carry jurisdiction into effect
- When jurisdiction is granted to a court or judicial
officer, they may use necessary writs, processes, or
procedures to enforce it. If no specific procedure is
provided by law, the court may adopt a suitable process
consistent with the law’s spirit.
Section 7 – Trial and hearings; orders in chambers

4. SUPREME COURT -Trials on the merits must be conducted in open court,

usually in a regular courtroom. Other proceedings may be
conducted by the judge in chambers without the
presence of court staff.
Section 8 – Interlocutory orders out of province
- A Regional Trial Court judge may hear and decide
interlocutory motions anywhere within the judicial district
WHO IS A JUDGE? even if outside his province, provided proper notice is
given to the parties. Hearings for habeas corpus or bail
• A judge is a person appointed to a court who has may also be held at any convenient place within the
the responsibility of determining whether an district.
accused brought before the court will be
acquitted or be imprisoned for a period of time. Section 9 – Signing judgments out of province

• He will determine the innocence and guilt, - A judge who leaves a province may still prepare and
presides over court proceedings and conduct the sign decisions for cases he fully heard, as long as it is
trial impartially in open court. done within the Philippines and sent to the proper court for
filing. In partially heard cases, the Supreme Court may
authorize the same judge to continue hearing and
deciding the case.
POWERS AND DUTIES OF COURTS AND
JUDICIAL OFFICERS
MODULE 14
RULE 135 OF THE RULES OF COURT
COURT PROCEEDINGS
Section 1 – Courts always open; justice to be
promptly and impartially administered
- Courts are open at all times except on legal holidays for
filing pleadings, hearing cases, and issuing orders or
judgments. Justice must be administered fairly and without
unnecessary delay.
Section 2 – Publicity of proceedings and records
- Court proceedings are generally open to the public, but
the court may exclude the public when necessary for
morality or decency. Court records are public and may be
inspected during business hours unless the court restricts
access for similar reasons.
Section 3 – Process of superior courts enforced
throughout the Philippines
• - Processes issued by superior courts, such as ARRAIGNMENT
orders, arrests, or judgments, may be enforced
anywhere in the Philippines.  The is a stage in criminal proceedings where the
accused is formally informed of the charges against
Section 4 – Process of inferior courts him in open court and is asked to enter a plea.
- The process of inferior courts is generally enforceable
within the province where the court is located, with
limited exceptions requiring approval from the Regional HOW IS ARRAIGNMENT MADE?
Trial Court judge. However, writs of execution may be  OPEN COURT
enforced anywhere in the Philippines without prior  MADE BY JUDGE OR CLERK
approval.  BY FURNISHNG THE ACCUSED WITH COPY OF
Section 5 – Inherent powers of courts COMPLAINT OR INFORMATION.
 READING IN THE DIALECT OR LANGUAGE
- Courts have inherent powers to maintain order, KNOWN TO HIM.
enforce their decisions, control proceedings and officers,  ASKING HIM IF HE PLEAD GUILTY OR NOT.
compel witnesses to testify, administer oaths, and
manage or restore their records to ensure justice is served.
NOTE: THE ACCUSED MUST ARRAIGNED WITHIJ
30 DAYS FROM THE DATE THE COURT ACQUIRED
THE JURISDICTION.

WHAT IS PLEA?
Plea is the formal response of the accused to the criminal
charge during arraignment, where the accused states
whether he admits or denies the accusation.

KINDS OF GUILTY PLEA

• PLEA OF GUILTY TO LESSER OFFENSE
• PLEA OF GUILTY TO CAPITAL OFFENSE
• PLEA OF GUILTY TO NON-CAPITAL OFFENSE
NOTE: THE ACCUSED MUST BE THE ONE WHO
PLEAD THE GUILTY PLEA.

RULES OF ARRAIGNTMENT
• Can a person who pleaded guilty still be
acquitted?
Answer: Yes, the totality of evidence should determine
whether the accused should be convicted or not.
• What happen if the accused refuses to enter any
plea?
Answer: The court may enter a plea of NOT guilty.