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, liberty and property and maintain peace and order”. Criminal justice comprises all the means
used to enforce those standards of conduct which are deemed necessary to protect individual and to maintain general
community well-being. In broad terms, a system of criminal justice creates the laws governing social behavior, attempt to
prevent violation of the laws, and apprehends, judges, and punishes those who do violate them.

The Criminal Justice System of the Philippine setting consist of Five Pillars, to wit:
 Police or Law enforcement
 Prosecution
 Courts
 Corrections or Correctional Institution
 Community

Compared with the Three Processes of Criminal Justice System of in the United States are as follows:
 Police or Law Enforcement
 Courts
 Correction or Correctional Institution

The Primary goals of the CJS are:

 Maintenance of peace and order;
 Protect member of society

Secondary goals or sub-goals:

 Prevention of crime
 The eview of legality of prevention and suppressive measures
 The judicial determination of guilt or innocence of those apprehended
 The proper disposition of those who have been legally found guilty\
 The correction by socially approved means of the behavior of those who violate the criminal law
 The suppression of criminal conduct by apprehending offenders for whom prevention is ineffective.

Police or Law Enforcement – “The First pillar”

The police are an agency of the state, government and community that is primarily responsible for maintaining
public order and preventing and detecting crime. The fundamental police mission by preventing crimes and preserving
order by enfrorcing the law was unchanged in ancient societies as it is today in sophisticated urban environments. A
police department’s goals are to prevent crime, investigate crime and apprehend offenders, control traffic, maintain order,
and deal with emergencies and disasters.
POLICE serves as the first line of defense in the Criminal Justice System the police are considered the “Initiators
of Action” that other components/pillars must act upon to attain its goals or objectives in the process.

The Philippine Law Enforcement System consists of:

 The Philippine National Police – serves as the primary law enforcement agency of the Philippines, it is civilian in
character and national in scope, created by RA 6975 otherwise known as the DILG Act of 1990, the PNP is
administered and controlled by the National Police Commission with the secretary of the DILG as its chairman
and presiding officer.

 The National Bureau of Investigation – created by RA 157 under the Department of Justice undertakes scientific
crime investigation of high profile crimes/heinous crimes or any other offense upon the order of the Secretary of
Justice as the public interest may require. It is the oldest law enforcement agency and serves as out national
clearing house.

 The Philippine Drug Enforcement Agency under the office of the president it is the implementing arm of the
Dangerous Drugs Board created by RA 9165 to serve as out primary law enforcement agency to implement the
provisions of RA 9165 relative to unlawful acts and penalties involving dangerous drugs and or its precursor and
essential chemical and investigate all violators and other matters involved in the commission of any crime relative
to all use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as
provided for in RA 9165 and the provisions of PD 1619.
What are the Primary Police Functions?
 Crime prevention
 Criminal apprehension
 Order maintenance
 Public services and
 Traffic regulation and motor accident investigation

Prosecution – Prosecution is the course of action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused. Under Philippine jurisdiction it performs an executive function since it is
under the supervision Department of Justice. National.

Prosecution Service – NPS is under the supervision and control of the Department of Justice and is tasked as the
prosecutorial arm of the government.

Preliminary Investigation – Preliminary investigation is an inquiry or proceeding for the purpose to determining whether
there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been
committed and that the suspect is probably guilty thereof, and should be held for trial. Preliminary Investigation has the
following objectives:
 To protect the innocent against hasty, oppressive and malicious prosecution;
 To secure the innocent from an open and public accusation of trial, from trouble expense and anxiety of a public
trial; and
 To protect the state from useless and expensive trial.

Probable cause as basis in charging/prosecuting person with and for an offense.

It refers to the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the
facts within the knowledge of the prosecutor, that the person charge was guilty of the crime for which he was prosecuted.
Probable cause as ground for an arrest or issuance of a warrant of arrest.
Probable cause is such facts and circumstance, which would lead a reasonably discreet and prudent man to believe that the
person has committed an offence sought to be arrested.
Probable cause as a protection against false prosecution and arrest. Probable Cause is the knowledge of facts, actual or
apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for arresting the accused

Courts:
Also known as tribunals it refers to a branch of government established to administer the civil and criminal law. The more
usual general classifications are courts of record and courts not of record; courts of superior jurisdiction and courts of
inferior jurisdiction; trial courts and appellate courts; and civil courts and criminal courts. Courts with special, limited
jurisdictions are known by the names of those jurisdictions. For example, probate or surrogate’s court are tribunals dealing
with the probate of wills an the disposition of estates; military courts have jurisdiction over violations by military
personnel; and admiralty courts have jurisdiction over cases arising from maritime contracts and from violations of
maritime law.

In the Philippines judicial power which is vested in the Supreme Court, Court of Appeals, Regional Trial Courts and such
other Inferior Courts as may be established by law includes the foregoing:
 To pass upon the validity or constitutionality of the laws of the State and the acts of the other branches and
department of government;
 To interpret and construe them;
 To render authoritative judgements; and
 It also includes the incidental powers necessary to the effective discharge of the judicial functions such as the
power to punish persons adjudge in contempt and issue warrants of arrest due process has been observed.

Function of the Court:

“The primary functions of any court system in any nation – to help keep domestic peace. As social order would be
destroyed. In this most basic sense, court constitutes an essential element in society machinery for keeping peace. The
court as a passive instrument decides on controversies referred to it and administer the Philippine Legal System.

The Supreme Court: It shall be composed of a Chief Justice and fourteen associates Justices and may sit either en banc
or its discretion, in division of three, five or seven members. Any vacancy shall be filled within ninety days from
occurrence thereof. The Supreme Court shall have administrative supervision over all courts and the personnel thereof,
likewise the Supreme Court en banc shall have the power to discipline judges of lower court or order their dismissal by a
vote of a majority of its member who actually took part in the deliberations on the issues in the case and votes thereon.

Court of Appeals (Superior Courts): It shall be composed of a Presiding Justice and Associate Justice who shall
be appointed by the President of the Philippines (Sec 3, B.P. Blg. 129 as amended by Exec. Order No. 33). It
operates in 17 divisions, each comprising of five members. It only sits in en banc to exercise ceremonial
administrative or other non-adjudicatory functions.

Inferior Courts – Regional Trial Court (Regular Courts:) One which is presided by 729 Regional Trial Judges in
each regions of the country. It jurisdiction of criminal cases are said to be general. The so-called Inferior Courts
(Regula Courts): There shall be created a Metropolitan Trial Court in each metropolitan areas established by law,
a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each
circuit comprising such cities and/or municipalities are grouped together pursuant to law (Sec. 25, Batasang
Pambansa Blg. 129)

Sandiganbayan – The Sandiganbayan (Special Courts): A special court tasked to handle criminal cases involving
graft and curroption and other offenses committed by public officers and employees in connection with the
performance of their functions or the so-called service-connected duties. The creation of the Sandiganbayan was
made possible by virtue of Presidential Decree No. 1606.

Maximum Period of the rendition of the Decision: Article VII, Section 15 of the 1987 Constitution, provides that the
courts must decide or resolve a matter or case within the following period from date of submission, to wit:
 Supreme Court – within Twenty-four (24) months
 Court of Appeals and other collegiate Appellate Courts – within twelve (12) months.
 Inferior Courts-within three (3) months unless reduced by the Supreme Court.

Corrections – Corrections is the community reaction to law enforcement, it is known as the pillar of rehabilitation, it
serves to treat convicted law violators in the aim to transform them into law abiding, productive and responsible members
of society.

Purpose of Sentencing/Correction: It is the “preventive effect which may be actual or threatened punishment to be
rendered upon any potential offender” The doctrine of deterrence shows the aim of the state to prevent crime in order to
have a peaceful society. Whatever opinions of some authorities to the contrary, it cannot be denied that this doctrine has
preventive effect to criminal activities compared to other social restraints.

Key Agencies Responsible for Corrections:

 The Bureau of Corrections – tasked for the treatment and rehabilitation of national prisoners, which is under the
Department of Justice.
 Provincial jail is under the administration and supervision by their respective provincial government (Sec.61, RA
6975)
 The Bureau of Jail Management and Penology (BJMP) shall exercise supervision and control over all city, district
and municipal jails. (Sec 61, RA 6875)
 DSWD – For children in conflict with the Law

Role of the community in the administration of the criminal justice system – The most important Pillar: The
community has an unparalleled role in the criminal justice system. In this connection community understood to mean as
“elements that are mobilized and energized to help the authorities in effectively addressing the law and order concerned of
the citizenry. As one of the pillar of component of the Criminal Justice System, the community with its massive
membership has vital responsibility in law enforcement. The citizens can achieve these roles by identifying offenders,
giving data about the illegal activity or cohorts of the criminals, the proliferation of organized crime and syndicates,
volunteering as witnesses, and adapting precautionary and remedial measures to diminish crime.