Criminal Justice Processes in the Philippines

Criminal Justice Processes in the Philippines

• Concerns procedures from crime commission to judgment rendition.
• Covers community rehabilitation and reintegration programs.
• These activities are managed by different justice pillars.

Objectives

• The main functions of the five pillars of the Criminal Justice System (CJS) have to be understood.
• The administration of justice procedures in the Philippines have to be discussed
• The PCJS flow chart has to be illustrated.

Procedures in the Administration of Justice

• Emphasizes heinous crimes like rape, murder, and drug trafficking that draw media attention.
• Investigation, prosecution, and trial procedures are similar across crime types.
• Summary procedures may occur, where the judgment is based on submitted affidavits without a trial.

The Law Enforcement Process

• Begins with a crime report or police complaint filing.
• Police investigate, gather witness testimonies, collect evidence, and work to catch the offender.
• Arrests usually require a warrant, as mandated by the Constitution, unless exceptions apply.
• Suspects caught committing, attempting, or having just committed a crime undergo an 'inquest'.
• An inquest occurs when a prosecutor determines if a crime occurred and the suspect is responsible.
• This process is sometimes called an abbreviated preliminary investigation.
• If the prosecutor determines that there's a crime and probable guilt, they recommend filing information against the person.
• The prosecutor directs the detention facility to release the prisoner if no cause exists or the detained person isn't responsible.

The Prosecution Process

• Police forward investigation findings to the prosecutor.
• Prosecutors generally take a passive role, with case prosecution mainly determined by the complainant's efforts.
• Complainants can dismiss the case if there is no prima facie evidence.
• Preliminary investigation is set to determine sufficient grounds for believing a crime cognizable by the Regional Trial Courts has been committed and the respondent is probably guilty.
• Both the suspect and the private complainant can present their case.
• The prosecutor may dismiss the case for lack of a prima facie case.
• The prosecutor may determine a crime occurred and the respondent is probably the perpetrator.
• Complainants can seek reconsideration from the Secretary of Justice, who may order the prosecutor to file the case or affirm the decision.
• Prosecutors have leeway in deciding whether to file a case.
• Discretion lies solely with the prosecutor.
• The Secretary of Justice sometimes appoints another prosecutor to handle a case.
• Prosecutors are duty-bound to prepare information against the accused if there is a finding of a prima facie case.
• A prosecutor's action hinges on the evidence from the complainant/police and the latter's pursuit of the case.
• Cases may be dismissed even with evidence if the respondent is not likely guilty.
• Prosecutors may hesitate to direct further police investigation because the police are not subordinate to prosecutors.
• Dismissal doesn't bar re-filing, especially if there is insufficient evidence.
• Unlike a court dismissal, a prosecutor's dismissal doesn't create 'double jeopardy'.
• Settlements are encouraged at this stage.
• The Barangay Conciliation Panel settles cases between residents of the same town/city involving non-serious offenses punishable by no more than one-year imprisonment.
• This program limits court filings and preserves community relations.

The Judicial Process

• A criminal case is entitled: People of the Philippines versus [the name of the accused person].
• The information is prepared and filed in court where the prosecutor determines a prima facie case.
• The court assesses the information, record, and evidence.
• The judge determines probable guilt to warrant arrest.
• The court issues a warrant for arrest to a peace officer who serves it and commits the person to prison.
• Accused persons can post bail, except in crimes punishable by reclusion perpetua, life imprisonment, and death, where guilt evidence is strong.
• The court sets an arraignment date within thirty days of filing information.
• The accused is read the accusation in a known language and required to make a plea.
• The court explains the consequences when the accused pleads guilty.
• The prosecutor presents evidence even with a guilty plea, without a prolonged trial.
• Recent jurisprudence for death penalty cases requires a full trial for the accused's exact crime participation.
• A plea of not guilty is entered when the accused pleads not guilty, refuses to enter a plea, or pleads guilty to a lesser offense.
• Pre-trial conferences are mandatory to expedite trial or settle disputes, set by the Speedy Trial Act of 1998 (R.A. No. 8493).
• Pre-trial considerations include plea bargaining, fact stipulations, evidence identification, admissibility waivers, and fair/expeditious trial promotion.
• Matters agreed upon are inadmissible unless written and signed by the accused and counsel.
• Counsel or prosecutor non-appearance at the pre-trial conference is subject to sanctions.
• The Speedy Trial Act mandates continuous trial on a short-term calendar.
• The trial must occur within thirty days of the arraignment.
• The trial is limited to one hundred and eighty days from the first day.
• The time limit is imposed to counter delays .
• Certain delays may be excluded from the required time limit.
• Trial order depends on whether the accused interposed a negative or affirmative defense.
• The prosecution usually presents the case if a negative defense is interposed.
• Prosecution witnesses are cross-examined by the defense.
• The defense presents its case after the prosecution's evidence.
• The defense presents their case first, followed by the prosecution, if an affirmative defense is interposed.
• This occurs due to the nature of the affirmative defense, which admits the acts but seeks to exculpate the accused from criminal liability.
• Parties must present evidence during trial to aggravate or mitigate the crime, otherwise they are waived.
• The case is submitted for decision after evidence presentation, unless the court requires memoranda or allows oral arguments.
• Rules of evidence come into play at trial.
• Evidence rules haven't adapted to technological advancements.
• Technology use in the courtroom would speed up trials and avoid witness unavailability.
• A person included in the information may be discharged as an accused and become a witness for the State if their testimony is indispensable to the prosecution.
• All accused must agree to the discharge, and it must be approved by the court.
• The discharged accused becomes a State witness, qualifying under the government witness protection program if they apply.
• Witnesses in the program get police protection and are usually placed in a safe house.
• This arrangement helps to facilitate making the witness available to testify before the court.
• Courts where the case is pending must render judgment within the Constitution's time limits after the trial is completed and submitted for decision.
• Judges face sanctions for not rendering judgment.
• Judgment time limits are twenty-four months for the Supreme Court, twelve months for lower collegiate courts (Court of Appeals, Sandiganbayan), and three months for lower courts.
• Judges must set forth the facts and law based only on presented evidence.

The Correction Process

• Punishment involves isolating convicted persons by imprisonment or execution as prescribed by law.
• Correction and rehabilitation are functions of legal institutions like the Bureau of Corrections, Bureau of Jail Management and Penology, and the Parole and Probation Administration.
• The correctional process begins with inmate admission.
• The Desk Officer checks the credentials of the person bringing the inmate to determine their identity and authority.
• Ensure availability of: Commitment Order, Information/Complaint, Medical Certificate issued by Government Hospital.
• Examine the arrest report and authenticity of the commitment order.
• The Desk Officer must take all cash and personal property and list them on a receipt with duplicates signed by both parties.
• The original receipt should be for the record and duplicate given to the inmate.
• All cash and valuables are to be turned over to the Jail Property Custodian for safekeeping and a receipt is required.
• Recording officer receives documents from the Desk Officer and begins booking procedures.
• Inmates undergo fingerprinting, and photography.
• Inmates undergo a strip-search, and any markings like cuts, bruises, shall be indicated in the jail booking report.
• Checks for presence of contrabands are to to be done on inmates clothing.
• The inmate is informed of Art 29 of the RPC as amended by RA 6127 in a dialect they understand.
• An inmate who agrees to abide by the disciplinary rules must sign a "Detainee's Manifestation".
• A warden Certification under oath that the detainee refused to sign must be issued if the inmate does not agree.
• A medical officer conducts a thorough check-up.
• The medical office shall ascertain any discrepancies and record all findings not indicated.
• The chief custodial officer orients new inmates of the rules and assigns the inmate to their cell.

The Community

• Convicts return to the community after correction either unconditionally or by parole/pardon.
• The convicts should lead law-abiding lives; or may commit other crimes and re-enter the CJS.
• The community helps develop and exact acceptable moral/ethical values through legislative agencies, educational institutions, religious organizations, civic associations, etc.
• The community creates a civic-spirited environment and promotes respect for the Rule of Law.
• Community members cooperate with law enforcers, investigators to report crimes and give evidence.
• Attorneys offering private legal aid should be considered part of the CJS to represent persons involved in criminal actions or give advice.
• The community also includes government institutions like the Bureau of Posts, Bureau of Telecommunications, etc.
• Government hospitals help with furnishing experts, etc.
• The Government intends to structure local sectors for effective Criminal Justice System service.