CRIMINAL

JUSTICE SYSTEM
THE PHILIPPINES
CONCEPT:
 It is a legal process adapted by a civilized
society in the prevention and solution of
crimes which is carried on through
INVESTIGATION and the persons suspected
thereof is taken into legal custody,
PROSECUTED in a court of law, and
PUNISHED or PENALIZED if found guilty,
(OR ACQUITTED if found innocent), with a
provision being made for the person’s
CORRECTION and REHABILITATION
PHILIPPINE CJS - PERPECTIVES:
 It asserts the idea of DETERRENCE, the notion
that the threat of sanctions can prevent crimes
by creating a fear of punishment for those who
might break the law;

 It adheres on the principles of RETRIBUTION,

the idea that criminal offenders deserve to
suffer for the harm they have done,
PHILIPPINE CJS - PERPECTIVES:
and their PUNISHMENT should be proportionate
to the harm inflicted;

 It supports the notion of BEHAVIORAL

CHANGE, which proposes that criminal
sanctions should aim to reform convicted
criminal offenders so that they will stay away
from crime in the future.
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM
LAW ENFORCEMENT
PROSECUTION
JUDICIARY
CORRECTION/REHABILITATION
COMMUNITY DEVELOPMENT
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

LINE AGENCIES
RESPONSIBLE
LAW ENFORCEMENT
 PHILIPPINE NATIONAL POLICE
 NATIONAL BUREAU OF INVESTIGATION
 PHILIPPINE DRUG ENFORCEMENT
AGENCY
 BARANGAY LAW ENFORCERS
PROSECUTION
 NATIONAL PROSECUTION SERVICE
(DOJ)
- 0FFICE OF THE PROSECUTOR
GENERAL
- REGIONAL PROSECUTOR’S
OFFICE
- PROVINCIAL PROSECUTOR’S
OFFICE
- CITY PROSECUTOR’S OFFICE
JUDICIARY
 SUPREME COURT
 COURT OF APPEALS
 REGIONAL TRIAL COURT
 METROPOLITAN TRIAL COURT
 MUNICIPAL TRIAL COURT IN CITIES
 MUNICIPAL TRIAL COURT
 MUNICIPAL CIRCUIT TRIAL COURTS
JUDICIAL (COURT) PROCESS
 JUDICIARY
 SC/CA/RTC/MTC
 PROSECUTION
 PUBLIC PROSECUTORS
 PRIVATE (COUNSELS) PROSECUTORS
 DEFENSE COUNSELS
 PUBLIC ATTORNEY’S OFFICE
 COUNSELS DE PARTE
CORRECTION/REHABILITATION
 BUREAU OF CORRECTIONS

 BUREAU OF JAIL MANAGEMENT AND

PENOLOGY

 PAROLE AND PROBATION

ADMINISTRATION
COMMUNITY DEVELOPMENT
 PAROLE AND PROBATION
ADMINISTRATION (GOVERNMENT)

 BARANGAY (GOVERNMENT)

 COMMUNITY (NON-GOVERNMENT ORGS)

 FAMILY (NON-GOVERNMENT)
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

LAW ENFORCEMENT
LAW ENFORCEMENT
 POLICE INVESTIGATION
 Surveillance
 Initial contact - the initial contact with
the criminal justice system takes place
as a result of a police actions.
 Investigation – evidence gathering
 Arrest – Warrantless or With Warrant
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

PROSECUTION
PROSECUTION
EVALUATION OF COMPLAINT
PRELIMINARY INVESTIGATION
INQUEST PROCEEDING
FILING OF THE “INFORMATION”
IN COURT
PROSECUTE CASES IN COURT
PROSECUTORS
 NATIONAL PROSECUTION SERVICE
PROSECUTOR GENERAL
REGIONAL PROSECUTORS
PROVINCIAL PROSECUTORS
CITY PROSECUTORS

 PRIVATE PROSECUTORS
 Attorneys in Private Practice
DEFENSE
Counsels de Parte
 Attorneys in Private Practice

Public Attorneys Office

Organizations offering Free Legal
Assistance (IBP, FLAG, MABINI, UP
LAW, ARELLANO LAW etc.
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

JUDICIARY
HIERARCHY OF COURTS
 SUPREME COURT
 COURT OF APPEALS
 SPECIAL COURTS (SANDIGANBAYAN;
COURT OF TAX APPEALS)
 REGIONAL TRIAL COURTS
 METROPOLITAN/MUNICIPAL TRIAL
COURTS; MUNICIPAL TRIAL COURTS IN
CITIES; MUNICPAL CIRCUIT TRIAL
COURTS
JUDICIARY
 JUDICIAL POWER IS THE CONSTITUTIONALLY
VESTED POWER TO -
 (1) SETTLE ACTUAL CONTROVERSIES
INVOLVING RIGHTS WHICH ARE LEGALLY
DEMANDABLE AND ENFORCEABLE;
 (2) DETERMINE WHETHER OR NOT THERE HAS
BEEN A GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF
JURISDICTION OF A PART OF ANY BRANCH OR
INSTRUMENTALITY OF THE GOVERNMENT
JUDICIARY
 JURISDICTION is the power to try and decide
or hear and determine a cause.
 JUDICIAL PROCESS
 ARRAIGNMENT
 Plea
 PRE-TRIAL CONFERENCE (PRELIMINARY
CONF)
 Mandatory Process to Determine
Evidence to be Presented
JUDICIARY
 JUDICIAL PROCESS
 TRIAL/ COURT HEARINGS
 EVIDENCE PRESENTATION
 PLAINTIFF/PROSECUTION
 PUBLIC PROSECUTOR
 PRIVATE PROSECUTOR – always under the
direct control and supervision of the Public
Prosecutor
 ACCUSED/DEFENSE
 PUBLIC ATTORNEY
 COUNSEL DE PARTE
JUDICIARY
JUDICIAL PROCESS
 RESOLUTION
 Resolves controversies on motions
 DECISION/JUDGMENT
 Promulgation of Judgment
 Guilty – Execution of Sentence
 Acquittaly – Release of Accused
 EXECUTION OF SENTENCE
 After Promuglation of Judgment
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

CORRECTION and
REHABILITATION
PHILIPPINE CORRECTIONAL SYSTEM
 JUVENILE JUSTICE WELFARE COUNCIL (DSWD)
 BUREAU OF CHILD AND YOUTH WELFARE
(DSWD)
 BUREAU OF MANAGEMENT AND PENOLOGY
(DILG)
 BUREAU OF CORRECTIONS (DOJ)
 PAROLE AND PROBATION ADMINISTRATION
(DOJ)
 BOARD OF PARDONS AND PAROLE (DOJ)
BUREAU OF CORRECTIONS
 NEW BILIBID PRISON
 CORRECTIONAL INSTITUTE FOR
WOMEN
 DAVAO PRISON AND PENAL FARM
 SABLAYAN PRISON AND PENAL FARM
 IWAHIG PRISON AND PENAL FARM
 SAN RAMON PRISON AND PENAL FARM
 LEYTE REGIONAL PRISON
CORRECTION/REHABILITATION
 CORRECTION AND REHABILITATION PROCESS

 CUSTODY AND SAFE-KEEPING OF CONVICTED

OFFENDERS (PROVEN GUILTY BEYOND
REASONABLE DOUBT)

 THE ISOLATION OF CONVICTS BY

IMPRISONMENT FOR PERIODS LAID DOWN BY
THE COURTS OR IN EXTREME CASES, THEIR
EXECUTION BY THE METHOD PRESCRIBED BY
LAW
CORRECTION/REHABILITATION
 PROBATION
 PROVISIONAL LIBERTY OF A CONVICTED
OFFENDER

 PAROLE
 RELEASE OF A CONVICTED OFFENDER AFTER
HAVING SERVED SENTENCE FOR A PERIOD OF
TIME
5 PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

COMMUNITY
REHABILITATION
 COMMUNITY
 Prevention
 Community Assistance and Reintegration

 PAROLE and PROBATION ADMINISTRATION

 Rehabilitation
 Community Assistance and Reintegration
COMMUNITY
 BARANGAY & DSWD
 Implementation of Intervetion Programs for
Juvenile Ofenders which consist of Psychological,
Spiritual and Devcelopmental Programs
 ALTERNATIVE DISPUTE RESOLUTION
 LUPONG TAGAPAMAYAPA (Barangay Chairman +
10 or 20 members)
 Uses process of dispute resolution other than by
court litigation among parties belonging to the
same barangay or the same city or municipality in
crimes the penalty of which is 1 year or less.