Unit Iv

Download as pdf or txt
Download as pdf or txt
You are on page 1of 5

UNIT IV

THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS

Introduction

The term "criminal justice" encompasses a chain of events, activities, tasks, or functions
that constitute the official response to perceived problems of law and order, which includes
the following: crime prevention and crime reduction, the arrest and prosecution of
suspects; the hearing of criminal cases by the courts, sentencing, administration, and
enforcement of court orders; parole and other forms of license for prisoners; and work
with offenders and ex-offenders in prison or in the community. In this lesson, we will look
closely at the basic principles, concepts, and frameworks of the criminal justice system in
the Philippine setting. Overview of the Philippine Criminal Justice System In the
Philippines, the "criminal justice system" consists of the system of courts, including the
barangay justice system, the informal justice system implemented through practice
particularly by indigenous communities, and the quasi-judicial bodies empowered by law
to perform adjudicatory functions; the systems for law enforcement and prosecution which
involve investigating, apprehending and prosecuting those who could not be deterred from
violating the law and the rules of the society; the system of corrections and rehabilitation
or the means of rehabilitating offenders and returning them to the community as law-
abiding citizens; and the community collectively imposes limitations on individual behavior
of citizens for the common good civilized and democratic society that deters criminality
and criminal behavior (The Supreme Court of the Philippines, n.d.; United Nations
Development Programme, 2006).

Plainly, the Philippine Criminal Justice System or PCJS can be defined as a system or
process in the community by which crimes are investigated, and the persons suspected
thereof are taken into custody, prosecuted in court, and punished, and if found guilty,
provisions are being made for their correction and rehabilitation.

1|CLJ 2 –Human Rights Education ©Atty. JPA


Law Enforcement

Function.

Law enforcement involves prevention of the commission of crime and the protection of the
life, liberty, and properties of citizens. The national government plays the primary role in
law enforcement, particularly in policing.

Composition.

Composed of five major law enforcement agencies, such as the Philippine National Police
(PNP), National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency
(PDEA), Bureau of Immigration and Deportation (BID), and Bureau of Customs (BOC).

2|CLJ 2 –Human Rights Education ©Atty. JPA


Prosecution

Function.

The prosecution pillar conducts preliminary investigation of cases filed in the prosecutors'
offices and prosecutes cases filed in the court against alleged offenders after probable
cause has been established.

Composition.

Composed primarily of two national government agencies, the National Prosecution


Service (NPS), an organic unit of the Department of Justice, and the Office of the
Ombudsman.

Judiciary

Function.

Judicial power is vested in the judiciary. The judiciary pillar adjudicates cases and renders
judgment.

Composition.

The Philippine judiciary is a four-tiered court system consisting of the Supreme Court as
the highest court of the land; the intermediate courts consisting of the Court of Appeals,
Sandiganbayan, and Court of Tax Appeals; the second-level courts, which consist of
regional trials courts; and the first-level courts comprising of the metropolitan trial courts,
municipal trial courts in cities, municipal trial courts, and municipal circuit trial courts.

Correction

Function.

Correction, inmates' welfare and development, rehabilitation, jail/prison management, and


reintegration.

Composition.

It is composed of two major and equally significant components: (i) the institution-based
and (ii) the community-based corrections. The institution- based corrections are composed
of prisons and jails administered by the Bureau of Corrections of the DOJ, the Bureau of Jail
Management and Penology of the DILG, and the local government units with regard to
provincial and sub-provincial jails. Community-based corrections pertain to probation and
parole. The Bureau of Pardons and Parole is authorized by law to grant parole to qualified

3|CLJ 2 –Human Rights Education ©Atty. JPA


prisoners, whereas the Parole and Probation Administration (PPA) of the DOJ administers
the probation and parole systems in the Philippines.

Community

Function.

The community pillar collectively imposes limitations on individual behavior of citizens


that deter criminality and criminal behavior for the common good of civilized and
democratic society.

Composition.

Composed of the nongovernment organizations (NGOs), civil society rganizations (CSOs),


Commission on Human Rights (CHR), Department of Social Welfare and Development
(DSWD), schools/universities, and church/religious groups.

OVERVIEW OF THE CRIMINAL PROCEDURE IN THE PHILIPPINES

4|CLJ 2 –Human Rights Education ©Atty. JPA


OVERVIEW OF THE CRIMINAL PROCEDURE IN THE PHILIPPINES

5|CLJ 2 –Human Rights Education ©Atty. JPA

You might also like