Philippine Criminal Justice System PDF

PSSg Jaenard I Gonzales BS in Criminology, PCCr 2011, (Magna Cumlaude) PSFTP Class 2012-01 Road Crash Investigation Course, 2018, (Top 2) Master of Science in Criminal Justice Education, 2018 Crime Detection and Investigation Course, CRIDEC 2021 Certified Criminal Justice Specialist (Top 1) Ju...

PSSg Jaenard I Gonzales BS in Criminology, PCCr 2011, (Magna Cumlaude) PSFTP Class 2012-01 Road Crash Investigation Course, 2018, (Top 2) Master of Science in Criminal Justice Education, 2018 Crime Detection and Investigation Course, CRIDEC 2021 Certified Criminal Justice Specialist (Top 1) Juris Doctor, Manila Law College (Ongoing)  Philippine Criminal Justice System November 8, 2024 CRIMINAL JUSTICE SYSTEM It is the machinery of the State in the prevention and control of crime. It may also refer to the law enforcers, prosecutors, judges, and corrections personnel, as well as those of the mobilized community in crime prevention and control CRIMINAL Generally, a person who violates the law or committed a crime is called a Criminal. Legally, criminal is a person/s who had been convicted of final judgment by the court. CRIME Is an act of omission punishable by the law “Nullum crimen, nulla poena sine lege” There is no crime when there is no law punishing it JUSTICE Giving each person what he/she deserves Theory of Justice holds that every individual has an equal right to basic liberties and that they should have the right to opportunities and an equal chance as other individuals  MODELS OF CRIMINAL JUSTICE 1. DUE PROCESS MODEL Focuses upon the rights of the defendants who is presumed innocent until proven guilty and aims at individualizing rehabilitation programs for those found guilty  MODELS OF CRIMINAL JUSTICE Origin of the Due Process (Due Process Clause) Article III, Section 1 1987 Philippine Constitution No person shall be deprived of life, liberty, and property without due process of law, nor shall any person be denied of the equal protection of the laws.  MODELS OF CRIMINAL JUSTICE Aspects of Due Process Model a. Substantive Due Process It requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or property.  MODELS OF CRIMINAL JUSTICE Aspects of Due Process Model b. Procedural Due Process Refers to the regular methods of procedure to be observed before one’s life, liberty or property can be taken away from him/her.  MODELS OF CRIMINAL JUSTICE 2. CRIME CONTROL MODEL Emphasize arrest and punishment of the offender as the means of deterring crime and repressing criminal behavior. When the police made arrest, and a prosecutor files charges, the accused shall be presumed guilty. INTRODUCTION TO CRIMINAL LAW CRIMINAL LAW Is that branch of public substantive law that defines crime, treats of their nature and provide for their punishments. SOURCES OF CRIMINAL LAW 1. Codigo Penal de España 2. Revised Penal Code (Book 1 and 2) 3. Special Penal Laws 4. City/Municipal Ordinances CHARACTERISTICS OF CRIMINAL LAW 1. Generality Criminal law is binding on all persons who live or sojourn in the Philippines, regardless of age, sex, or nationality. CHARACTERISTICS OF CRIMINAL LAW 1. Generality (Exceptions) a. Treaties or treaty stipulations b. Principles of public international law c. Laws of preferential application CHARACTERISTICS OF CRIMINAL LAW 1. Generality (Exceptions) Principles of public international law: ❖ Sovereigns/head of state ❖ Ambassadors, ministers plenipotentiary, ministers resident, charges d’affaires CHARACTERISTICS OF CRIMINAL LAW 1. Generality (Exceptions) Laws of preferential application ❖ RA No. 75, prohibits the prosecution, arrest and detention of: ❖ Ambassadors or public ministers of any state ❖ Any domestic or domestic servant of any such ambassador CHARACTERISTICS OF CRIMINAL LAW 2. Territoriality Criminal laws are applicable only if the crime committed within the Philippine territory. CHARACTERISTICS OF CRIMINAL LAW Article 1, Philippine Territory The national territory comprises the Philippine archipelago, with all the waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. CHARACTERISTICS OF CRIMINAL LAW Article 1, Philippine Territory The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. CHARACTERISTICS OF CRIMINAL LAW 2. Territoriality (Exceptions) a. When the offender shall commit an offense on a Philippine ship or airship b. When the offender should forge or counterfeited any coin or currency note of the Philippines CHARACTERISTICS OF CRIMINAL LAW 2. Territoriality (Exceptions) c. When the offender should introduce into the Philippines of the obligation and securities mentioned in letter B d. When the offender who is a public officer or employee abroaod shall commit an offense in the exercise of his functions CHARACTERISTICS OF CRIMINAL LAW 2. Territoriality (Exceptions) e. When the offender should commit an offense against the national securities and laws of nations. CHARACTERISTICS OF CRIMINAL LAW 3. Prospectivity Criminal laws cannot make an act punishable in a manner which it was not punishable when committed. Legal System 1. Adversarial System The role of the court is primarily that of impartial referee between the prosecution and the defense. Legal System 2. Inquisitorial System The role of the court is actively involved in investigating the facts of the case.  FIRST PILLAR: LAW ENFORCEMENT  Functions of Law Enforcement Pillar in General a. To prevent criminal behavior b. To reduce crime c. To apprehend and arrest offenders d. To protect life and property e. To regulate non-criminal conduct  Concept of Police Concept of Police Service OLD CONCEPT (punishment, arrest) MODERN CONCEPT (visibility, omnipresence) Theories of Police Service HOME RULE THEORY (servants of the public) CONTINENTAL THEORY (servants of higher authorities)  Concept of Police Concept of Police Service OLD CONCEPT (punishment, arrest) MODERN CONCEPT (visibility, omnipresence) Theories of Police Service HOME RULE THEORY (servants of the public) CONTINENTAL THEORY (servants of higher authorities)  Different Law Enforcement Agencies NBI Created on November 13, 1936 under CA No. 181 Responsible for handling and solving syndicated cases that are in the interest of the nation  Different Law Enforcement Agencies NBI under RA 10867 Human trafficking cases in all airports in the Philippines Extrajudicial/Extra-legal killings committed by the State’s security forces against media practitioners and activists Killings of Justices and Judges Violation of RA 10175  Different Law Enforcement Agencies NBI under RA 10867 Cases referred by the Inter-Agency Anti-Graft Coordinating Council Violations of Anti-Dummy Law Cases involving threats to security or assaults against the persons of the President, Vice-President, Senate President, Speaker of the HOR, and Chief Justices of the SC  Different Law Enforcement Agencies NBI under RA 10867 Transnational crimes Identification of the dead/victims in case of mass fatality incidents caused by natural disasters; and RA 8484, RA 8293, RA 8799, RA 8792  Different Law Enforcement Agencies PDEA Implementing arm of the Dangerous Drug Board Backbone of the Philippine drug law enforcement system  Different Law Enforcement Agencies BIR Enforces tax laws and regulations Investigates tax evasion cases and arrest similar violators Under the Department of Finance  Different Law Enforcement Agencies BSP Agency regulates banking industry and enforces banking laws Investigates, arrest and prosecutes counterfeit currency manufacturers and passers  Different Law Enforcement Agencies Bureau of Immigration Attached agency under the DOJ Tasked to enforce the immigration laws of the country Investigates and arrest illegal and undocumented aliens, foreign fugitives and criminals operating in the country.  Different Law Enforcement Agencies BFAD Enforces and regulates manufacturing of food and drugs Investigates and arrest unscrupulous manufacturers and makers of substandard food and drugs without license or permits Under the DOH  Different Law Enforcement Agencies IPO Intellectual Property Office Attached agency of the DTI RA 8293 Enforces laws pertaining to intellectual property and copyright law  Different Law Enforcement Agencies LTO RA 4136, sectoral agency of the DOTr Tasked to regulate land transportation industry and enforces transportation laws and regulations Investigates arrests and prosecute “colorum” or out of the line vehicles  Different Law Enforcement Agencies Movie and Television Review and Classification Board (MTRCB) Operates against pornographic films shown on television and movie houses  Different Law Enforcement Agencies OMB Videogram regulatory Board Operates against the proliferation of fake and pirated VHS, DVD, VCD, or CD tapes.  Different Law Enforcement Agencies Republic Act 6975 DILG Act of 1990 Tri-Bureau of DILG: PNP, BJMP, and BFP  Different Law Enforcement Agencies Republic Act 8551 PNP Reform and Reorganization Act of 1998 Conduct of Pre-charge evaluation to erring police officer  Different Law Enforcement Agencies Republic Act 9708 Sets minimum educational qualification for appointment to the PNP and adjusting the promotion system  Different Law Enforcement Agencies Republic Act 11549 Height equality act in the Philippine National Police, Bureau of Fire Protection and Bureau of Jail Management and Penology  Basis for the Creation of the Philippine National Police (PNP) Article XVI, Section 6 of 1987 Philippine Constitution The State shall maintain and establish one police force, which is national in scope and civilian in character, administered and controlled by the National Police Commission. Powers and Functions of PNP (Sec. 24) Enforce the laws and ordinances relative to the protection of lives and properties Maintain peace and order and take all necessary steps to ensure public safety Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution. Powers and Functions of PNP (Sec. 24) Exercise the general powers to make arrest, search and seizure, in accordance with the Constitution and pertinent laws Detain and arrest person for a period not beyond what is prescribed by law, informing the person detain of all his rights under the Constitution. Powers and Functions of PNP (Sec. 24) Issue license for the possession of firearms and explosives in accordance with the law. Supervise and control the training and operations of security agencies, and issue licenses to operate security agencies, and to security guards and private detectives for the practice of their profession Rules on Arrest Arrest - taking of person/persons into custody in order that he may bound to answer for the commission of a crime Methods of Arrest 1. Arrest by virtue of a warrant - Warrant of Arrest is an order in writing issued by the Judge commanding any peace officer to arrest a particular person 2. Warrantless Arrest - arrest without warrant Instances of a Warrantless Arrest 1. When in his presence, the person to be arrest has committed, is actually committing, or is about to commit an offense; Instances of a Warrantless Arrest 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. Instances of a Warrantless Arrest 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another Rules on Search and Seizure Search and Seizure - is the frisking and confiscation of an item (specifically illegal) indicated in the search warrant. Search Warrant - an order in writing issued in the name of the People of the Philippines, signed by a Judge and directed to any peace officer, commanding him to search for personal property and bring it before the court. Valid Search Without Warrant 1. Search incidental to a lawful arrest 2. Consented Search 3. Search of a moving vehicle 4. Seizure of evidence in plainview 5. When there is a waiver of rights 6. Searches under stop and frisk 7. Emergency and Exigent Circumstances SECOND PILLAR: PROSECUTION What is Inquest Proceeding? Is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. What is Preliminary Investigation? Is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and respondent is probably guilty thereof, and should be held for trial. New Rules in Inquest Proceedings and Preliminary Investigation The conduct of preliminary investigation proceeding shall be required for crimes or offenses where the penalty prescribed by law is at least six (6) years and one (1) day without regard to fine. New Rules in Inquest Proceedings and Preliminary Investigation The quantum of evidence for preliminary investigations and inquest proceedings is prima facie evidence with reasonalbe certainty of conviction established by the evidence-at-hand and such evidence, on its own and if left uncontroverted, shall be sufficient to establish all the elements of a crime or offense charged, and warrant a conviction beyond reasonable doubt. New Rules in Inquest Proceedings and Preliminary Investigation Preliminary investigation is a summary proceeding to determine whether a person should be indicted in court after ascertaining, based on the evidence proveided and after case build-up has been conducted, that there is prima facie evidence with reasonable certainty for the respondent’s conviction and that he/she should be held for trial. New Rules in Inquest Proceedings and Preliminary Investigation Virtual Preliminary investigation is an alternative means, is the conduct of preliminary investigation through videoconferencing using the appropriate information and communications technology (ICT). This may be availed of at the initial hearing where both parties are present and the ICT therefor is available to both the prosecution office and the parties. Sufficiency of complaint or information A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. Duplicity of the Offense A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses Amendment or substitution A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused. Place where action is to be instituted (a)Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. (b)Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such its trip, including the place of its departure and arrival. Place where action is to be instituted (c)Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (d)Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. Institution of Criminal and Civil Actions 1. When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. THIRD PILLAR: COURT Court Pillar Centerpiece of the Criminal Justice System Determine the guilt or innocence of the accused Quantum of proof needed to convict an accused is “Proof Beyond Reasonable Doubt” Organ of the government belonging to the judicial department Functions of the Court To protect the rights of the accused To determine by all legal means whether a person is guilty of a crime To protect the society To prevent and reduce criminal behavior Administrative role Judicial Power the power to apply the laws to contests on disputes concerning legally recognized rights or duties of and between the state and the private persons or between individual litigants in cases properly brought before the judicial tribunals Judicial Review the power of the Supreme Court to determine whether laws passed by Congress and acts of the President are in accord with the Constitution when the matter is raised. Venue Is the place where the action must be instituted and tried Place of action Geographical location Venue is jurisdictional Jurisdiction Is power and authority of the Court to try, hear and decide cases and to execute judgement thereon. Proper acquisition of Jurisdiction Jurisdiction over the subject matter Jurisdiction over the territory Jurisdiction over the person of the accused. Kinds of Jurisdiction 1.General - decides all controversies 2.Limited - decides only a few specified cases 3.Original - presented to it for the first time 4.Appellate - try case already heard and decided by lower courts 5.Exclusive - try case to the exclusion of all other courts 6.Concurrent - two or more courts may take cognizance of a case Courts in the Philippines 1.REGULAR COURTS 2. SPECIAL COURTS 3. COLLEGIATE COURTS 4. LOWER COURTS Court Procedure 1. Arraignment 2. Pre-Trial 3. Trial Proper 4. Judgment 5. Appeal Court Procedure 1. Arraignment – reading of the accusation/information against the accused in open court. Court Procedure When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him. When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. Court Procedure The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings. Pre-Trial It shall be held within thirty (30) days after arraignment Plea bargaining Stipulation of facts Marking or identification of evidence Waiver of objections to admissibility of evidence Modification of the order of trial Such matter as will promote a fair and expeditious trial of the criminal and civil aspects of the case. Trial Is a formal court hearing where evidence is presented to a judge to determine the rights of the parties involved in a case. The purpose of trial is to establish whether a person is guilty of a crime or responsible for an injury Order of Trial ❑ The prosecution shall present evidence to prove the charge and, in the proper case the civil liability. ❑ The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case. Order of Trial ❑ The prosecution and the defense may, in that order, present rebuttal and sur- rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. Order of Trial ❑ Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. ❑ When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. Judgment ❑ Adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. When Judgment of Conviction is final? ❑ After the lapse of 15 days to appeal; ❑ When the accused waives his right to appeal ❑ When the accused applies for probation ❑ When the case is decided with finality by the Supreme Court and the right to file motion for reconsideration is closed. Grounds for a New Trial ❑ The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial ❑ The new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. Appeal ❑ Is a formal request to a higher court to review and change a lower’s court decision. FOURTH PILLAR: CORRECTION Correction It is the community’s reaction to a convicted offender It deals with the branch of administration of criminal justice, charged with the responsibility of custody, supervision, and rehabilitation of the convicts. Correction Penology It is a Penitentiary It is a Penal Science Science Branch of Branch of criminology administration of Study of control and criminal justice prevention of crime Charged with the through punishment responsibility of of criminal offenders custody, supervision POENA means and rehabilitation of punishment or the convicts suffering Penology (Penal Science) The term derived from the Latin word, “Poena”, which means “pain or suffering”, and “Logos” which means “to study”. Division of criminology that deals with prison management and treatment of offenders, and concerned itself with the philosophy and practice of society in its effort to repress criminal activities. Penalty It refers to the suffering inflicted by the State for the transgression of the law. It has been regarded by many as an effective means of social control through the infliction of pain for every transgression of the law. Juridical conditions of Penalty Correctional Certain Commensurate Legal Equal Personal Suffering What are the purposes of Correction and Sentencing? Deterrence Isolation Punishment Rehabilitation Reintegration What are the Ultimate Goals of Correctional Treatment? To reform To rehabilitate To reintegrate inmates to the community and become law abiding and productive citizens What are the Three Departments that composed the Philippine Correctional System? Department of Justice (DOJ) Department of Interior and Local Government (DILG) Department of Social Welfare and Development (DSWD) What are the Kinds of Corrections? Institutional Corrections Non-Institutional Corrections Therapeutic Modalities What are the Key Agencies responsible for Non-Institutional Corrections? Juvenile Justice and Welfare Council Board of Pardon and Parole Parole and Probation Administration What are the different Institutional Corrections Programs? Educational and Skills Training Work and livelihood Moral and Spiritual Programs Medical and Healthcare Services Sports and Recreation Therapeutic Community What are the different Forms of Clemencies? Judicial Clemency Executive Clemency Legislative Clemency FIFTH PILLAR: COMMUNITY Community Pillar This includes individuals, private groups and public entities who when performing or are involved in related criminal justice activities become a part of the system. Concepts of Community Pillar Police Community Relations (PCR) To build and maintain good and harmonious relationship between the police and the citizens. Participative Law Enforcement Where the police together with the community work hand on hand in combating criminality (COPS) Team Policing Refers to a grass root approach undertaken to bring the people and the police closer together in a more cooperative condition. Establishing neighborhood crime watch groups for the purpose of encouraging people to report all suspicious circumstances and conditions in their locality and interest in preventing and repressing crimes. Components of Community 1. Home - cradle of human personalities 2. School - a strategic position to prevent crime and delinquency 3. Church - leads people to live a moral life 4. Government - enforces the law of the land Components of Community 5. Mass Media and Radio Broadcasting - considered the best instrument for information dissemination and the best source of knowledge for the public 6. Barangay - peace-keeping responsibilities and to act as auxiliaries of the law Barangay Justice System PD 1293 – creating a Katarungang Pambarangay Commission PD 1508 – establishing a system of Amicably settling disputes at the Barangay Level RA 7160 – Local Government Code of 1991, Revised Katarungang Pambarangay Law Barangay Justice System Lupong Tagapamayapa Members: 1. Chairman 2. Secretary 3. 10-20 members Matters that fall under the Jurisdiction of the Lupon Those involving offenses that are punishable by imprisonment of one year and below, or a fine in the amount of 5k below Those involving parties that actually reside or work in the same barangay Matters that fall under the Jurisdiction of the Lupon Those involving marital and family disputes Those involving minor disputes between neighbors Those involving real properties located in the barangay Proper Venue Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the LUPON of said barangay Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent actually resides Proper Venue All disputes involving real property or any interest shall be brought in the barangay where the real property or the larger portion is situated Those arising at the workplace where the contending parties are employed Proper Venue All disputes involving real property or any interest shall be brought in the barangay where the real property or the larger portion is situated Those arising at the workplace where the contending parties are employed Restorative Justice Means the repair of justice through reaffirming a shared value-consensus in a bilateral process Punitive Justice Refers to the repair of justice through unilateral imposition of punishment