CRIMINAL JUSTICE SYSTEM (CJS)

CRIMINAL JUSTICE SYSTEM (CJS)

 Learning Goal

This lesson aims to inform and enhance

the participants understanding on how the
five components of the CJS work together
according to their mandated functions. This
will also help define their role as police
officers in crime solution and prevention.
 Learning Objectives

• Define the Criminal Justice System

(CJS);
• Enumerate the five pillars of the CJS
and how each component operates in
the System;
 Learning Objectives

• Discuss the importance of coordination

among the five pillars of CJS; and
• Discuss the Multi-Disciplinary Approach to
Crime Solution (Barangay Justice
System).
What is Criminal Justice System
(CJS)?

-Itis the machinery which the Philippine Society

uses in the prevention and control of crime.
 CJS

-Other used to define it as “An orderly

progression of events from the time person
is arrested or taken out of the community,
investigated, prosecuted, sentenced,
punished and eventually returned in the
community.”
 Core Functions of Criminal
Justice System
• Prevent the commission of crime and
protect life, individual rights and property
of citizens;

• Enforce the law and remove dangerous

persons from the community;
 Core Functions of
Criminal Justice System

• Investigate, apprehend, prosecute and

sentence those cannot be deterred from
violating the rules of society; and

• Rehabilitate offenders, and return them to

the community as law abiding citizens.
CJS as part of Total Social System in
the Philippines
Economic
System

Educational Technological
System System
Healthcare
System

Criminal Justice
Political System
System

Other Systems
Five Pillars of the Criminal
Justice System
1. LAW ENFORCEMENT
LAW ENFORCEMENT AS FIRST
PILLAR OF CJS

• Prevention of the commission of crime.

• Protection of life, liberty and property.
• Preservation of peace and order in the
community.
• Enforcement of specific laws.
Government Agencies Comprising
the “ Law Enforcement” Pillars

•Philippine National Police (PNP)

•National Bureau of Investigation (NBI)
•Philippine Drug Enforcement Agency
(PDEA)
•Anti-Money Laundering Council (AMLC)
 Other Agencies which
Enforce Special Laws:

PACC, BIR, LTO, BOC, FDA, PCG,

MARINA, BFAR, ATO, DENR, OMB,
MTRCB, BI, IPO, BSP
2. PROSECUTION
 The Prosecution Pillar
• Prosecution is the responsibility of the
National Prosecution Service (NPS) of the
Department of Justice (DOJ.)

• Cases are filed in the court against alleged

offenders, after probable cause has been
established through evaluation.
 The Prosecution Pillar

• Its focus is the speedy disposition of cases

but its principal task is investigation of
criminal complaint emanating from the
community and the law enforcement
agencies, and bringing these complaints to
their successful prosecution in the judicial
system.
Government Agencies Comprising
the “ Prosecution” Pillar

•National Prosecution service (NPS-DOJ)

•Office of the Special Prosecutor (OSP)
•Office of the Ombudsman
•Judge Advocate General’s Office (JAGO)
3. Court
 The Court Pillar
• The court is the forum where the prosecution
is given opportunity to prove that there is
strong evidence of guilt against the accused.

• It is in the court where the accused is given his

“day in court” to disprove the accusation
against him.
 The Court Pillar
• It is in the Court that anyone turns for
justice.
• The final arbiter for justice.
• The front line defender of democracy,
freedom and human dignity.
 The Court Pillar
The Court Pillar’s goal is not merely to
adjudicate cases, but do so in
accordance with the rule of law and
“without sacrificing the quality of
justice.”
 Functions of Court
1. Issuance of the warrant of arrest
2. Arraignment
3. Pre trial conference
4. Trial
5. Judgment
6. Execution of sentence
4. Correction
 The Correction Pillar
• The Correction Pillar administers the prison
and jail systems through corrective,
rehabilitative and restorative measures.

• The fourth pillar takes over once the

accused, after having been found guilty, is
meted the penalty for the crime he
committed.
 The Correction Pillar
• The accused can apply for probation or he
can be turned over to a non-institutional or
institutional agency or facility for custodial
treatment and rehabilitation.

• The offender could avail of the benefits of

parole or executive clemency once he has
the minimum period of sentence.
Purpose of Correction
• Punishment
• Deterrence
• Isolation
• Rehabilitation
• Reintegration
 Types of Correction
1. Contemporary Corrections

• Bureau of Jail Management and

Penology
• Provincial Jail
• National Prison under the Bureau
of Corrections
 Types of Correction

2. Community Based Corrections

• Parole and Probation Administration

(PPA)
Government Agencies Comprising
the “ Correction” Pillar

•Bureau of Corrections (BUCOR)

•Parole and Probation Administration (PPA)
•Board of Pardons and Parole (BPP)
 Government Agencies
Comprising the “ Correction”
Pillar
•Bureau of Jail Management and Penology
(BJMP)
•Provincial Rehabilitation Center (PRC-DILG)
•City/Municipal Rehabilitation Center
(C/MRC-BJMP)
5. Community
 Community
• The Community pillar involves the whole
citizenry and the various non-government
organization, civil society groups, people’s
organizations, academe, religious
organizations and other civic organizations
that represent citizen’s interests and causes.
Two Field Role (Responsibility)
1. Law enforcement activities.
2. Promotion of peace and order
through crime prevention or
deterrence and in the rehabilitation
of convicts and their reintegration
to society.
 After convicts have passed through the
Correction Component - either unconditionally
or by parole, or by pardon - they revert to the
COMMUNITY and either lead normal lives as
law-abiding citizen in their Barangays or
regrettably commit other crimes and thus go
back through the same stages of the Criminal
Justice System.
 Government Agencies that
Comprise the Community Pillar
•Department of Social Welfare and
Development (DSWD)
•National Economic Development Authority
(NEDA)
•Dangerous Drugs Board (DDB)
 Government Agencies that
Comprise the Community Pillar

•Bureau of Local Government Supervision

(BLGS-DILG)
•Philippine Public Safety College (PPSC)
•Philippine Information Agency (PIA)
•Public Assistance Reaction Against Crime
(PARAC)
 Government Agencies that
Comprise the Community Pillar
•Non-government Organizations (NGOs)
•People’s Organizations (PO’s)
•Other government offices, institutions
and programs whose principal functions
are geared toward the promotion of
socioeconomic welfare.
 Philippine Criminal Justice Process
A person who has violated
the law is Community
Pillar

Law but the case may be diverted where no

Enforcement apprehended by the police or sufficient ground can sustain complaint
any law enforcement agency against the suspect
Pillar

but the case may be diverted where

Prosecution no probable cause can sustain a
prosecuted for the alleged prosecution Reverted to
Pillar offense committed the
community
but the case may be diverted where the
evidence is not enough for conviction of
Court the offender
tried before the court
Pillar
in case imprisonment, full service of
sentence; diversion takes place
Correction if convicted either serves his through the grant of parole, conditional
sentence in jail or prison or pardon; probation is by itself a
Pillar
placed on probation diversion process
 Barangay Justice System
(Katarungang Pambarangay)
 Barangay Justice System

• Katarungang Pambarangay or Barangay Justice

is enforced by virtue of PD 1508 as amended by
RA 7160. It provides for the creation of Lupon
Tagapamayapa which has administrative
supervision of amicable settlement of all
disputes covered by the Barangay Justice.
 Barangay Justice System
• The Barangay Justice System is an
informal part of the court, it aims to
provide speedy resolution of court
dockets through conciliation , mediation
and arbitration to avoid mockery in the
dispensation of justice in court.
 Barangay Justice System
• The essence of Katarungang
Pambarangay is the amicable settlement
of disputes wherein the disputing parties
are encouraged to make mutual
concession to obtain peaceful resolution
of the dispute without formal adjudication.
 Functions
1. Conduct conciliation proceedings in civil
cases and in criminal cases where
penalty is less than one year
imprisonment or fine less than Five
Thousand Pesos (P5,000) before the
same can be filed at court.
 Functions
2. Punong Barangays are granted power
to issue Barangay Protection
Order(BPO) under section 14 of RA
9262.

3. Establishment of Barangay Council or

the Protection of Children under RA
9344.
 Functions

4. Create Barangay Agrarian Reform

Committee under Section 46 of RA 6657
tasked to mediate and conciliate parties
involved in agrarian disputes. (i.e.
tenurial and financial arrangements)
Exemptions where Police Investigator
will not refer cases to the Lupon
Tagapamayapa
1. One party is the government or any
subdivision or instrumentality thereof.

2. One party is a public officer or employees,

and the dispute relates to the
performance of official functions.
 Exemptions
3. Offenses punishable by imprisonment
exceeding 1 year or a fine not exceeding
Five Thousand Pesos (P 5,000).
4. Offenses where there is no private offended
party.
 Exemptions
5. Where the dispute involves real
properties located in different cities or
municipalities unless the parties thereto
agree to submit their difference to
amicable settlement by an appropriate
Lupon.
 Exemptions
6.Disputes involving parties who actually
reside in barangays of different cities and
municipalities, except where such barangay
units adjoin each other and the parties
thereto agree to submit their differences to
amicable settlement by an appropriate
Lupon.
 Exemptions
7. Such other classes of disputes which
the President may, in the interest of
justice or upon the recommendation of
the Secretary of Justice.
 Procedure for
Amicable Settlement
Complaint filed If conciliation or Pangkat
with Barangay arbitration fails, conciliates the
Captain orally or in Barangay Captain parties or
writing. creates a Pangkat. arbitrates the case.

Lupon Secretary If agreement is

records the If settlement is reached or
complaint and reached, case is arbitration award is
assigns it a docket considered closed. made, case is
number. closed.

If arbitration fails or
Barangay issues Barangay Captain Pangkat’s decision
summons for conciliates or is validly repudiated
parties to appear arbitrates the case. the case may be
before him. taken to court.
At the end of the lesson, the participants were able to
define the Criminal Justice System, known the five
components of the CJS such as law enforcement, prosecution,
court, correction and community. Have learned the Barangay
Justice System of Katarungang Pambarangay which is an
alternative, community based mechanism for dispute
resolution of conflicts between members of the same
community. This also a primordial concern of investigators.

END OF PRESENTATION