Philippine Criminal

Justice System
AN-INTRODUCTION
CHAPTER 1 INTRODUCTION TO CRIMINAL JUSTICE

BASIC TERMINOLOGIES, PRINCIPLES AND PHILOSOPHICAL

APPROACHES
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 involve in the
apprehension, prosecution, and control of those charge with criminal
offenses”.
Notice that in this definition, the American Criminal Justice System’s main
focus is on enforcement, adjudication and correction.
In the American Criminal Justice System, there are only three (3) pillars:
(1) Law Enforcement, (2) the Courts, and (3) the Corrections. In contrast,
the Philippine Criminal Justice System has five (5) pillars; namely, (1) Law
Enforcement, (2) Prosecution, (3) Courts, (4) Corrections, (5) Community.
AMERICAN CRIMINAL JUSTICE PHILIPPINE CRIMINAL JUSTICE
SYSTEM SYSTEM

1. Law Enforcement 1. Law Enforcement

2. Court 2. Prosecution
3. Correction 3. Court
4. Correction
5. Community
What is Criminology?

“Criminology is the body of knowledge regarding crime as social

phenomenon. It includes within its scope the process of making laws, of
breaking laws, and of reacting toward the breaking of laws”.
They further note that Criminology has three interrelated divisions;
these are:
▪ The first division focuses on ‘lawmaking’.
▪ The second division focuses on ‘law-breaking’.
▪ The third division focuses on society’s reaction to law-breaking.
B. CRIME AND CRIMINAL JUSTICE SYSTEM
(CJS)

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.
Some of the legal principles or maxims
regarding a crime or a criminal act.

a. “Nullum crimen nulla poena sini lege” There is no crime where no

law is punishing it.
b. “Actus non facit reum, nisi means reas” A crime is not committed if
the mind of the person performing the act complained be innocent.
c. “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”. “Mala en se” refer
to those that are naturally criminal on moral grounds while the
“mala prohibita” pertain to those acts that have been criminalized
for regulatory purposes.
From this legal definition, What are the
things that apparently constitute crime?

They are the following:

1. The act must be voluntary.
2. It must be intentional.
3. It must be committed by a legally competent person.
4. The behavior that constitutes crime can be either an act of
commission or an act of omission.
5. A crime is an act that threatens the welfare of the society and is
punishable by judicial proceedings in the name if the state.
NOTE: In the Philippines, if a crime is punished by the Revised Penal
Code, it is called felony, If by a special law, It is called an offense; if by
an ordinance it is called an infraction of an ordinace.
How are crimes classified by
criminologist?

Some of the examples of criminological classification of crimes are the

following:
– The types of victims (child abuse, women, elderly)
– The type of offender ( white-collar crimes, hate crime, blue collar crimes)
– The object of the crime (property, person, state)
– The method of the criminal activity (organized, accidental or negligence,
or modus operandi)
– Degree of Gravity (Light, Serious, or Less Serious)
– Nature of Crime (Mala In Se or Mala Prohibita)
– Classify as to its source of enactment or legislation (Felony, Offense,
Infraction)
– 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)
– Transitory crime (crime is committed while on board a private or
public vehicle or on board a vessel)
– 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?

Book Two of the Revised Penal Code classifies crimes in the following:
A. Crimes Against the National Security and the Laws of the State
B. Crime Against the Fundamental Law of the State
C. Crimes Against Public Order
D. Crime Against Public Interest
E. Crimes Relative to Opium and Prohibited Drugs
F. Crime Against Public Morals
G. Crimes Committed by Public Officers
H. Crime Against Persons
I. Crimes Against Personal Liberty and Security
J. Crime Against Property
K. Crimes Against Chastity
L. Crimes Against The Civil Status of Persons
M. Crimes Against Honor
N. Quasi-offenses
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 violation of Criminal Law are being considered and 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.
Definition of 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.
▪ Some examples of criminal law:
Kidnapping – Unlawful confinement of another and may include false
imprisonment.
Sexual Offenses – Sexual interferent with another without their
consent
Arson – Unlawful and deliberated destruction of property by fire
Burglary – Breaking into a premises with the intent to commit a
criminal offense
Two classification of criminal law.

▪ Criminal Law may either be Substantive or Procedural.

Define substantive criminal law.

Substantive Criminal Law defines the elements that are necessary
for an act to constitute a crime and therefore punishable.

Define procedural criminal law.

Procedural Criminal Law refers to a statute that provides
procedures appropriate for the enforcement of the Substantive
Criminal Law.
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 or Municipal Ordinance
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.
The two basic principles of criminal law we adhere to
in the administration of the CJS in the Philippines.

1. The presumption of innocence – This means that those who are

accused of crimes are considered innocent until proven guilty.
2. Proof beyond reasonable doubt – which in criminal cases means
that the government must prove that the suspect committed the
crime.
The concept of the principle of
presumption of innocence.

▪ The source of principle.

The Constituti0n of the Philippines provides that an accused shall be
presumed innocent until proven guilty.
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.
The concept of proof beyond reasonable
doubt.

▪ Its legal basis.

In the Philippine setting, our criminal proceeding carries the
penalty of imprisonment or deprivation of liberty and on the
extreme, the punishment 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 be proof beyond reasonable
doubt. Unless his guilt is shown beyond reasonable doubt, he is entitled
to an acquittal.
D. 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.
Define 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 sense.

1. In the Criminological sense, a person may be considered as a criminal
form the time he or she committed the crime regardless whether or
not is 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.
The different nomenclatures given to
the person who is being processes under
CJS.

1. At the police stage, during investigation, he is referred to as the SUSPECT.

2. At the Prosecutors office, during the determination of probable cause or
during the 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 process when the person has serve the
sentence when he can really be considered as a CRIMINAL.
The classification 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 crimes was committed (Akyat bahay
Gang, Dura Gang or Alupihan Gang, Budol Budol Gang, etc.)
▪ As to the tools or instrumentation used in the commission of the
crime (by means of ACYTELENE for Acetylenre Gang; HAMMER for the
Ben Panday Gang, etc.)
▪ As to the age of the offender (Juvenile Offenders or those committed
by minors)
▪ 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, Reinteraction, Quasi-Recidivism and
Habitual Delinquency)
E. THE CONCEPT OF JUSTICE

Give the concept of justice

Mortimer J. Adler, as cited by Professor Florante A. Seril, has
indicated the essence of justice in two (2) precepts:
 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.
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.
The 4 elements of justice in order to
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 mistake that can happen when
society attempts to administer justice.

▪ When societies attempt to administer justice, mistakes are

inevitable. The types of mistake include the following:
- The innocent is punished.
- The guilty escapes the punishment.
- The guilty are punishment more severely than necessary.
- The guilty are punished less severely than necessary.
F. The Criminal Justice System

Define the criminal justice system.

Criminal Justice System 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.
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
▪ The first four components are the so-called formal Criminal Justice
System. Outside the formal organization, however, the community is
the basic element or informal pillar and considered the fifth
component or pillar of the entire Criminal Justice System.
In the Philippine CJS setting:

▪ The 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 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 DOJ. Thus, the prosecution,
generally
▪ The Courts, meaning the regular civil courts, including the
Sandiganbayan and Special Criminal Courts , are under the
supervision and control of the Supreme Court.
▪ The Correctional Institutions are either under the DOJ or the DILG.
– The Bureau of Corrections or the national Penitentiary is under the
DOJ.
– By virtue of R.A. 6975, the Bureau of Jail Management and
Penology (BJMP) is charge of the City of Municipal Jails while the
Provincial government is in charge of the Provincial Jails. Both are
under the DILG. 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.
The primary goals of the CJS

The following are the primary goals of the Criminal Justice System
(CJS):

1. To protect the members of the society. CJS is the formal

instrumentality authorized by the people of the nation to protect both
their collective and individual well- being.

2. The maintenance of peace and order. There is a need for political and
institutional stability as a goal of an organized society. Because crime
and disorder disrupt stability in the society, we have given the CJS the
authority to act as society’s representative and to serve as the
instrument by which the existing order is maintained.
G. Philosophical Approaches behind the
CJS

What are the philosophical approaches behind the CJS?

The following are the Philosophical approaches behind the Criminal
Justice System.
1. The Adversarial Approach; and
2. The Inquisitorial Approach.
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 on the accused.
Inquisitorial Approach

The inquisitorial system assumes guilt. The accused must prove

that they are innocent. This is the opposite of the adversarial approach.
The inquisitorial approach places a greater emphasis on conviction
rather than on the process by which the conviction is secured.
Distinguish the above philosophical
approaches of the CJS.
a. As to the presumption:
The Adversarial Approach assumes the accused to be innocent;
while the Inquisitorial Approach assumes the accused to be guilty.
b. As to the burden of proof:
The Adversarial Approach places the burden on the public
prosecutor to prove the guilt of the accused; while the Inquisitorial
Approach places the burden to the accused in proving his
innocence.
c. As to the emphasis:
The Adversarial Approach places emphasis on the process; while
the Inquisitorial Approach places emphasis on the conviction of the
accused.
Philosophical approach adopted by our CJS.

Our Criminal Justice System 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.
H. Criminal Justice System Models

The two most popular models of CJS.

1. The Concept of Crime Control Model; and
2. The Concept of Due Process Model.
Crime Control Model

The Crime Control Model is based on the idea that the most
important function of the CJS is the repression of criminal conduct.
The crime control model promotes punishment. Deterrence serves
as the philosophical underpinning of this model. The justice process is
quick and generally informal.
Due Process Model.

The Due Process Model has the features of an obstacle course.

Under this model, each of the stage of the criminal justice process from
arrest, prosecution, through the courts disposition of the accused, is
designed to present formidable impediments to carrying the accused
any further along in the process.
This model presumes that people are considered basically good. As
such, individuals are presumed innocent until proven guilty.
Its primary concern is the rehabilitation and integration of offenders
back into society, and more particularly in assisting law violators to
make a deliberate conversion to a more responsible lifestyle.
▪ The justice process is deliberate, formalized, thorough, and
individualized. It emphasizes treatment and not punishment of the
offenders. Treatment entails the establishment of community based
alternatives to incarceration.
▪ It must be stated that there will be guilty persons who will escape
punishment, and some guilty persons will be punished less severely
than they should be. But on the other hand, there will be fewer
innocent persons punished, and the number of guilty persons
punished more severely than they deserve will also be diminished.
Criminal Justice model adopt in the
Philippines

▪ The Philippines adopts the Due Process Model in its criminal justice
process.
I. Juvenile Justice System, (R.A. 9344)
The concept of restorative justice.

▪ Restorative justice refers to the principle which requires as process of

resolving conflicts with the maximum involvement of the victim, the
offender and the community. It seeks to obtain reparation for the
victim; reconciliation of the offender, the offended and the
community; and the reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety by activating
the offender, the victim and the community in prevention strategies.
▪ A system of criminal justice which focuses on the rehabilitation of
offenders through reconciliation with victims and the community at
large.
Restorative Justice implemented in the
Philippine CJS.

▪ In the Philippines setting, this concept is being implemented only

with regard to Children in Conflict with the law (CICL). It is the
principle by which R.A 9344, otherwise known as the Juvenile Justice
Welfare Act of 2006, conforms to.
Who are the children in conflict with the law?
▪ A child in conflict with the law refers to a child who is
alleged as, accused of, or adjudged as, having committed
an offence under Philippine laws.
Who is a child at risk?
▪ A child at risk is one who is vulnerable to and at the risk of
committing criminal offense because of personal, family
and social circumstances.
What is intervention?

▪ Intervention refers to a series of activities designed to address issues

that caused the child to commit an offense. It may take the form of
an individualized treatment program, which may include counseling,
skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being.
▪ Intervention only applies to two groups of children:
1. Children in Conflict with the Law (CICL) who are 15 or younger: and
2. CICL who are above 15 but below 18 who acted without discerment.
What is diversion program?

▪ Diversion refers to an alternative, child-appropriate process of

determining the responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal
court proceedings.
▪ Diversion applies only to CICL above 15 and below 18 who acted with
discernment.
THE END