Introduction to philippine criminal justice system

Author:

October 22nd, 2022

INTRODUCTION TO PHILIPPINE
CRIMINAL JUSTICE SYSTEM

NOTED BY:

DELA CRUZ, KEY CRESTAL MADRIDANO

1ST YEAR

ACCORDING TO:
PMAJ JOSE MARI JASMIN

2021

COLLEGE

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5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM
Law Enforcement – Suspect/Respondent/Accused(warrant of arrest). Children in conflict
with the law (RA 9344)
Prosecutions – Suspect/Respondent
Courts – Accused
Corrections – Convicted(Inmate, Detainee) Person Deprived of Liberty
Community – Criminal / Ex – Convict-Rehabilitated.
” KNOWLEDGE IS A THING WHICH MULTIPLIES WHEN SHARED ”

What is Law
“A system of rules that state what we can or cannot do”
● Rules to protect everyone’s rights so that you can live freely & peacefully
● Law requires you to stop at traffic lights & pay for your meals.
DOLO
● Decite, intention to commit a crime. You have evil intent to do it.
– intelligence
– freedom
– criminal intent
– incident
CULPHA
● You don’t what to happen but you committed a crime.
– intelligence
– freedom (but you didn’t think wisely)
– negligence and imprudence
– accident
NULLUM CRIMEN, NULLA POENA, SINE LEGE
Del Latin;
Nullum crimen

ningu’n delito

nullum poena

ninguna pena

sine lege

sin ley

There is no crime if there is no law punishing prohibiting it.

COLLEGE

Economic Status
Cultural influences
Environment
Social Conditions
Individual personal temperaments

Cited from: Tradio, C. (1996) Introduction to Criminal Justice
CAUSES OF CRIMES
Other Basic Causes of Crimes:
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Passion
Personal Gain (pagnanakaw)
Insanity (wala sa katinuang pagiisip; insane)
Revenge
Unpopular Laws
Hatred

Criminal
–

A person who committed a crime. (Criminological)
A person is found guilty by final judgment by a competent court. (Legal)

Police custody; suspect
Court custody; accused
Justice
–

“Giving what is due to others”
Good and sound reason
The act of applying or upholding the law.

COLLEGE

Processes, procedures, or schemes were to be undertaken in order to achieve certain ends.
A combination of related parts is organized into a complex whole (Encarta Dictionaries).

CRIMINAL JUSTICE SYSTEM
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is a machinery of the state or government which enforces the rules of conduct necessary
to protect life and property, and to maintain peace and order.
Comprises all means used to enforce the standards of conduct, which are deemed
necessary to protect individuals and to maintain the general well-being of the community.
The totality of all concerted (collaborated) efforts and activities of all agencies involved
in the prevention, reduction, and control of crimes. (Agas, et al. 2008, p.342).

GOALS OF CRIMINAL JUSTICE
–

You have the right to remain silent R.A. 7438 (Miranda Doctrine)

JUSTICE
–

Balancing the rights of victims and the rights of the accused.

CRIME CONTROL
–

Involve prevention and going after criminal offenders, through arrest, prosecution,
criminal conviction, and punishment.

COLLEGE

January 1, 1932, Codigo Pinal
COLLEGE

THE PRINCIPLES OF JUSTICE
FAIRNESS
● Fair legal processes are in place, and all parties receive a fair hearing
– No person can be judged in his own cause
– We should always ‘hear the other side
EQUALITY
● All people are treated equally before the law, with an equal opportunity to present their
case
What is equality?
● There is a close relationship between the principle of equality and the idea of justice.
However, the principle of equality can be interpreted in many ways. Listed below are
eight different interpretations of the term ‘equality

COLLEGE

ACCESS to Justice
● An equal ability of all people in the community to access the processes to enforce
existing rights or laws (including minority groups)
● Ensuring understanding of legal rights and ability.

COLLEGE

DURA LEX SED LEX – The law may be harsh but it is the law.

PHILIPPINE NATIONAL POLICE
– “To serve and protect” (Motto)

Created by virtue of RA 6975 (DILG Act of 1990), as amended by RA 8551.

1987 PHILIPPINE CONSTITUTION ARTICLE XVI, SECTION 6
The State shall establish and maintain one police force, which shall be national in scope
and civilian in character, to be administered and controlled by a national police commission. The
authority of local executives over the police units in their jurisdiction shall be provided by law.
PHILIPPINE NATIONAL POLICE POWERS AND FUNCTIONS
1. Law Enforcement
2. Maintain peace and order.
3. Prevents and investigates crimes and brings offenders to justice.
4. Exercise the vested powers from the Philippine Constitution and pertinent laws.
5. Detain an arrested person for a period not beyond what is prescribed by law.
6. Implements pertinent laws and regulations on firearms and explosives control
7. Supervise and control the training and operations of security agencies.

COLLEGE

GUARDIANS BONAFIDE for HOPE FOUNDATION INC.
College of Criminology
Sec. Reg. No. CN200808844
Blk 3 Lot 33 – 34 Adelina 3 Phase 2, Brgy, Sto. Tomas, Biñan City, Laguna 4024
Email: gbh.foundation@yahoo.com | gbhficollege@gmail.com | gbhfifaculty@gmail.com
ARREST (Rules on Criminal Procedure)
SECTION 1. Define of arrest
An arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
SECTION 2. Arrest; how made.
An arrest is made by an actual restraint of a person to be arrested, or by his submission
to the custody of the person making the arrest. No violence or unnecessary force shall not be
subject to greater restraint than is necessary for his detention.
SECTION 3. Duty of arresting officer.
It shall be the duty of the officer executing the warrant to arrest the accused and to
deliver him to the nearest police station or jail without unnecessary delay. (3a)
SECTION 4. Execution of warrant
The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten(10) days from its receipt. Within ten(10) days after
the expiration of the period, the office to whom it was assigned for execution shall make a report
to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state
the reasons therefore. (4a)
SECTION 5. Arrest without warrant; when lawful
A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense;
INFLAGRANTE DELIKTO – caught in the act
ARBITRARY DETENTION – 18 hours to be arrested or you will be arrested.
(b) When an offense has just been committed, and he has probable cause to believe based
on PERSONAL KNOWLEDGE OF FACTS OR CIRCUMSTANCES(given situation of the
victim) that the person to be arrested has committed it; and
(c) When the person to be arrested is a PRISONER who has ESCAPED from a penal
establishment or place where he is serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.
Two types of arrest
– warrantless arrest
– by virtue of a warrant of arrest
Different types of arrest
– warrant of arrest (tao)
– search warrant (bagay)

COLLEGE

GUARDIANS BONAFIDE for HOPE FOUNDATION INC.
College of Criminology
Sec. Reg. No. CN200808844
Blk 3 Lot 33 – 34 Adelina 3 Phase 2, Brgy, Sto. Tomas, Biñan City, Laguna 4024
Email: gbh.foundation@yahoo.com | gbhficollege@gmail.com | gbhfifaculty@gmail.com
When may the use of force be justified?
In U.S. vs. Bertucio, 1 Phil. 47
“It is not necessary that the person arrested make an actual attack upon his captor. His
refusal to obey and surrender or an attempt to escape suffices the justification for the
employment of force”.
Let’s simplify
● The exception to General Rule in Arrest (meaning, Warrantless Arrest)
– Caught in the Act (In flagrante Delicto)
– Hot Pursuit
– Prisoner’s/Escapee’s Arrest
Mallari vs. Court of Appeals 265 SCRA 456
An arrest can be made even if the arresting officer is not in the possession of the warrant
since the exhibition of the warrant prior to arrest is not necessary. However, he should show the
warrant as soon as practicable after the person arrested to requires.
Malicat vs. Court of Appeals
“It is not sufficient that the suspect exhibits unusual or strange acts or simply appears
suspicious.”
When an arrest is made?
SECTION 6. Time of making an arrest.
– An arrest may be made on any day and at any time of the day or night.
RIGHT TO ASSISTANCE OF COUNSEL
People vs. Eva noria 209 SCRA 577, June 8, 1992
● The right of a person under investigation is to have a “competent and independent
counsel preferably of his own choice.”
● The purpose is to preclude the slightest coercion as would lead the accused to admit
something else.
Powell vs. Alabama, 287 U.S. 45 (1932)
● “Even the intelligent and educated laymen has small and sometimes no skill in the
science of law. If charged with a crime, he is incapable, generally, of determining for
himself whether the indictment is good or bad.”
● “He requires the guiding hand of counsel at every step in the proceedings againts him.
Without it, though he ba or not guilty, he faces the danger of conviction because he does
not know how to establish his innocence.”

COLLEGE

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