An Overview of the Philippine Criminal Justice System

I. The Crime Situation

II. Philippine Crime Data

III. Crime Situation and Death Penalty
IV. The Criminal Justice System Perspective

The Criminal Justice System, with all its flaws and imperfections, is still inherently ill-equipped to
handle the administration of justice and punishment of convicts, much more in the imposition of death
penalty. The following features provides a perspective of our CJS:

The investigation and the prosecutorial process is still manifesting illegal methods and corrupt
practices that increase the risk of false convictions and executions. A study of Amnesty International of
the country’s CJS reveals that police officers continue to engage in illegalities of their arrest, production
of evidence, search and seizure, torture and intimidation and coercion. In the Philippines, fabricated
evidence are often difficult to disprove by independent evidence because of the undeveloped state of our
forensic sciences and investigation. Needless to say, the huge discretionary powers of our police and
prosecutors, which give them an opportunity and venue to administer injustices in the face of justice.

The judicial process is overloaded with the huge volume of cases which creates a relatively high level
of corruption and recklessness in trial that raises the margin errors in the administration of justice.

V. The Criminal Behavior

VI. What is a Crime and Criminal?
VII. What is a Law? Why do we have Laws?
VIII. Developments of Law
IX. Institutional Approaches of Criminal Justice System
X. Historical Approach
XI. Criminal Justice in the Philippines

The Criminal Justice System (CJS) is defined as the machinery which the society uses in
the prevention and control of crime. The process is the totality of activities of law enforcers,
prosecutors, defense lawyers, judges and corrections personnel, as well as those of the mobilized
community in crime prevention and control.

What are the major components of the CJS and its functions?
  Law enforcement pillar
 Prosecution pillar
 Courts pillar
 Corrections pillar
 Community pillar

XII. Law Enforcement Pillar

The first pillar consists mainly of the PNP. The work of the PNP is the prevention and control of crimes,
enforcement of laws and effecting the arrest of offenders including the conduct of lawful searches and
seizures to gather necessary pieces of evidence so that a complaint may be filed with the Prosecutor’s
Office.

Other law enforcement agencies:

 NBI
 BIR
 LTO
 BOC
 EIIB (Economic Intelligence and Investigation Bureau)
 FDA
 PCG
 PASC (Philippine Aviation Security Command)
 MARINA (Maritime Industry Authority)
 BFD (Bureau of Forest Development)
 BFAR (Bureau of Fisheries and Aquatic Resources)
 ATO (Air Transportation Office)
 DENR
 Other government agencies which enforces law

XIII. Prosecution Pillar

The second pillar takes care of the investigation of the complaint. In rural areas, the PNP may file the
complaint with the inferior courts (MTC or MCTC). The judges of these inferior courts act as quasi-
prosecutors only for the purpose of preliminary investigation. Once a prima facie case has been
determined, the complaint is forwarded to the City or Provincial Prosecutor’s Office, which will review the
case. When the complaint has been approved for filing with the Regional Trial Court, a warrant of arrest
for the accused will be issued by the court once the information has been filed.

Other prosecuting agencies:

 NPS
 OSP – Office of the Special Prosecutor
 Office of the Ombudsman
  City or Provincial Prosecutor’s Office

XIV. Courts Pillar

The third pillar of the CJS is the forum where the prosecution is given the opportunity to prove that there
is a strong evidence of guilt against the accused (to overcome constitutional presumption of innocence).
It is also in the courts that the accused is given his day in court to disprove the accusation against him.

The constitutional presumption of innocence to any person accused of a crime must be proved beyong
reasonable doubt. This means that the courts must determine the guilt of the accused – beyond
reasonable doubt – based on the strength of the evidence of the prosecution. (They cannot rely on the
weakness of the defense)

If there is any reasonable doubt that the accused committed the crime, he has to be acquitted.

The rules of court, however, provides that the accused can be convicted of a lesser crime than the crime
he has been charged in the information (Provided that the crime accused will be convicted is included in
the offense charged). But the elements of the lesser offense should be necessarily included in the offense
charged, and such lesser crime was proven by competent evidence.

Philippine courts:

 Supreme Court
 Court of Appeals
 Sandiganbayan
 Regional Trial Court
 Municipal Trial Court
 Municipal Trial Court in Cities
 Municipal Circuit Trial Court

And other quasi-judicial bodies attached in other government agencies as such; Court of Tax Appeals,
Labor, PLEB, DENR and the like.

XV. Corrections Pillar

The fourth pillar takes over once the accused, after having been found guilty, is meted out the penalty for
the crime he committed. He can apply for probation or he could apply for probation or he could be turned
over to a non-institutional agency or facility for custodial treatment and rehabilitation. The offender could
avail of the benefits of parole or executive clemency once he has served the minimum period of his
sentence.

When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or
national penitentiary depending on the length of the sentence meted out.
Correctional agencies:

 BJMP
 BUCOR
 BPP
 PPA
 PRC – Provincial Rehabilitation Center
 C/MRC – City/Municipal Rehabilitation Center
 RYRC – Regional Youth Rehabilitation Center

XVI. Community Pillar

The fifth pillar has a two-fold role.

First, it has the responsibility to participate in law enforcement activities by being partners of the peace
officers in reporting the crime incident and helping in the arrest of the offender.

Second, it has the responsibility to participate in the promotion of peace and order through crime
prevention or deterrence and in the rehabilitation of convicts and their reintegration to society.

Rehabilitation takes place when the convict is serving his sentence. A convict may be paroled or may even
be placed on probation.

Under the concept of a participative criminal justice system in the Philippines, public and private agencies
as well as citizens becomes part of the CJS when they participate ad become involved with issues and
activities related to crime prevention.

Thus, citizen-based crime prevention groups become part of CJS within the framework of their
involvement in crime prevention activities and in the reintegration of the convict who shall be released
from the corrections pillar into the mainstream of society.

The mobilized community is composed of:

 DSWD
 NEDA
 DILG
 PPSC
 PIA
 DDB
 Other government agencies

 Non-government Organizations (NGO’s)

 Other private institutions
 Peoples Organizations
XVII. What are the functions of Criminal Justice System?

 To prevent and control the commission of crime;

 To enforce the law;
 To safeguard lives, individual rights and properties;
 To investigate, apprehend, prosecute and sentence those who violated the rules of society; and
 To rehabilitate the convicts and reintegrate them into the community as law-abiding citizens.

XVIII. How does Criminal Justice System operate?

The first four pillars, i.e. law enforcement, prosecution, courts and corrections are formal institutions
which pertains to the traditional agencies vested with the official responsibility in dealing with crime or in
crime control.

The community pillar is the informal institution which is the most broad based. Under the concept of
participative criminal justice system in the Philippines, public and private agencies, as well as, citizens,
become part of the CJS when they become involved in issues and participate in activities related to crime
prevention and control.

Generally, the commission of a crime starts within the community. If a person violates our criminal
law, two instances are possible to happen.

First, when there is no victim involved in the commission of a crime except, the state in itself examples
to this are: use of dangerous drugs, prostitution, illegal gambling and the like. This type of violation, law
enforcement agencies must be keen in gathering information and evidence with regards to these illegal
activities. After gathering pieces of evidence, a complaint affidavit must be made subject to the
verification of the person authorized by law to determine a prima facie case of the complaint made. After
which, the law enforcer files it to the court requesting the court to issue a warrant for search and seizures.
The judge would then determine the veracity of the complaint whether there is a probable cause to issue
a search and seizure warrant. If the judge denies it, no warrant will be issued. However, if the judge finds
it necessary or there is reasonable ground to believe that the law has been violated the search and seizure
warrant will be issued defining then the things or person to be seized and the specific place to execute
the warrant, the warrant has no legal authority. After the police have executed the warrant, they must go
back to the court who issues the warrant and present the things or persons seized. The persons involved
may file bail for temporary release if bailable. Then the prosecutor will prosecute the criminal charges in
the court to all persons involved, not necessarily the court that issues the warrant.

However, if upon the commission of the crime the person was arrested by the law enforcer, all illegal
items in his possession could be seized, and could be used as evidence in court.

After the case was filed, the court will determine the guilt of the person charged. If the court finds the
accused not guilty of the offense charged, he will be released back to the community. But if he is guilty,
the person will be convicted of the offense charged and the court will sentence for his imprisonment.