PHILIPPINE CRIMINAL JUSTICE SYSTEM

The study of the five pillars of the criminal justice system in the Philippines – law enforcement, the
prosecution, the court, the corrections and the community. It also covers their respective functional
relationships as well as individual roles in the administration of the justice system in the solution of
crimes.

Pre-Test

Rendering what is due or merited and which is due or merited is the meaning of ______.

a. Peace

b. Justice

c. Public Service

d. Integrity

Criminal Justice System Defined

>Criminal Justice System (CJS) is the machinery used by the society to prevent and control crime. It is the
tool of a democratic government to protect the people against criminality and other peace and order
problems.

>In theory, criminal Justice System is an integrated process primarily concerned with apprehension,
prosecution, trial, adjudication, and correction of criminal offenders.

Justice defined

>Justice is "rendering what is due or merited and that which is due or merited."

>According to Mortimer J. Adler, there are two principles of justice:

1. Render to each his due.

2. Treat equals equally and unequal unequally butin proportion to their inequality.

>Justice, according to the Supreme Court of the Philippines, is symbocally represented by a blindfolded
individual, holding with one hand a sword and with the other a balance.

Major Components or Pillar of the Criminal Justice System

1. Law Enforcement

2. Prosecution

3. Court

4. Corrections

5. Community

THE LAW ENFORCEMENT PILLAR

Definition of Law Enforcement

> It may refer to the policing body of the society or the police force created by the government.

> As used in another perspective, is the process of implementing the laws enacted by the legislative
body of the national and local government for the purpose protecting the life, rights and properties of
the people while maintaining the peace and order in the society. Law enforcement, as an activity, is
therefore synonymous to police operations.

The Law Enforcement Operations

> Law enforcement operations

- Prevention of crime

- Repression of criminal activities

- Preservation of peace and order

- Protection of life and property

- Enforcement of laws and ordinances

- Regulation of non-criminal conduct

- Apprehension of criminals

- Prompt execution of the criminal processes of the courts

- Coordionation and cooperation with other law enforcement agencies and,

- Safeguarding health and public morals.

The Prosecution Moral

"Justitiae Pax Opus"

> The latin maxim "Justitiae Pax Opus", meaning "Justice for All", completes the logo and supports the
rationale for DOJ's existence.

Concept of Prosecution

> Prosecution may refer to the agency responsible in presenting the government's position in criminal
cases and evaluating evidences presented by the law enforcement.

The Prosecution Agencies

1. Government Prosecuting Agencies

2. Non-Government Prosecuting Agencies

3. Attorneys in Private Practice

Government Agencies

1. National Prosecution Service (NPS)

2. Office of the Chief State Counsel

3. Office of the Solicitor General

4. Public Attorney's Office (PAO)

5. Office of the Ombudsman

Who is Prosecutor

> A Prosecutor (Fiscal) is a public officer having an authority to conduct legal actions concerning the
complaint filed at his office and perform other prosecution functions as provided by law.

The Prosecution Process

1. Filing of Complaint

2. Preliminary Investigation and Inquest

3. Filing of Information

4. Arraignment

5. Filing of Bail

6. Detention (Preventive Imprisonment)

The Court Pillar

> Situated between the Prosecution and Correction, the Court is the