Introduction To Criminal Justice System PDF

**INTRODUCTION TO CRIMINAL JUSTICE SYSTEM** **Criminal Justice System (CJS) --** The sum total of all concerted efforts of the agencies of the government in the prevention and suppression of criminality. The machinery of the state or government which enforces the rules of conduct necessary to prote...

**INTRODUCTION TO CRIMINAL JUSTICE SYSTEM** **Criminal Justice System (CJS) --** The sum total of all concerted efforts of the agencies of the government in the prevention and suppression of criminality. The machinery of the state or government which enforces the rules of conduct necessary to protect life and property and to maintain peace and order. **Functions of Criminal Justice System** 1. Prevent and control the commission of the criminality. 2. Enforce the law 3. Safeguard individual rights, lives and properties of the people. 4. Detect, investigate, apprehend, prosecute, and punish violators. 5. Rehabilitate the convicted criminal offenders and reintegrate into the community as law abiding citizens of the community. **5 Pillars of Criminal Justice System** 1. Law Enforcement 2. Prosecution 3. Court 4. Corrections 5. Community **LAW ENFORCEMENT**- Is the first pillar of the CJS charges with the prevention and control of crimes, detention, arrest of suspect, investigation and filling of case, and assistance in prosecution. - It serves as the front liner of the encounter with the criminals or those who threaten the social order. They are the arms of the government charged with the enforcement of the law. **MAJOR LAW ENFORCEMENT AGENCIES** **Philippine National Police (PNP)-** this agency is directly tasked with the enforcement of laws, prevention and control of crimes, maintenance of peace and order and ensure public safety and internal security. Under R.A 6975, the PNP shall be national in scope and civilian in character. - Under the Department of the interior and local government (DILG). **National Bureau of Investigation (NBI)** -- An investigative agency under the supervision of the Department of Justice. Handles sensational cases which area of great interest to the nation. It is often called as" Law Enforcement of the last resort" because, as a matter of practice, procedure and mandate, the agency normally forwards complains files by any aggrieved party in their office to the PNP and only takes over cases when it is very sensational or heinous or the case is of great interest to the nation. (Republic Act No. 157, as amended by R.A 10867) modernizing and reorganizing the (NBI). **Sensational case-** when it catches the attention of the general public. **Philippine Drug Enforcement Agency (PDEA)-** Created under the mandate of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002. It is the premier agency of the government which is tasked to fight and curb illegal drugs in the country. Basically, it is under the office of the president. **Bureau of Immigration and Deportation (BID)-** Mandated by Philippine Immigration Act of 1940, as amended, to control and regulate the entry and stay of aliens to the country. It also serves as the country's gateway to the International community as well as the buffer point in controlling the entry of unscrupulous aliens in the country. **Bureau of Customs (BOC)-** Under the auspices of the Department of Finance (DOF), is mandated to implement as effective revenue collection, prevent and suppress smuggling and entry of vessels and aircrafts engaged in foreign commerce and all other laws, rules and regulations related to tariff and customs administrations. **BRIEF HISTORY OF THE PHILIPPINE NATIONAL POLICE** Act No. 175- created the Insular Constabulary that was renamed as Philippine Constabulary (PC) under Act No. 225. PC was under the Armed Forces of the Philippines. **Republic Act No. 4864-** was enacted known as the **Police Act of 1966.** This law provided the legal guideline in undertaking at a national level reform which contributed to the improvement of police efficiency and performance. To implement its objectives **the National Police Commission** was created. **Presidential Decree 765-** the **Integrated National Police** was organized in August 8, 1975 which was composed of the Philippine Constabulary as the nucleus and the INP forces as components under the **Department of National Defense.** **Republic Act No. 6975-** which was enacted December 13, 1990 created among others the **Philippine National Police, the bureau of Fire Protection, the Bureau of Jail Management and Penology and the Philippine Public Safety Collage** under a reorganized **Department of the Interior of Local Government.** The law paved the way for the achievement of a Philippine police force which is **national in scope but civilian in character.** **Republic Act No. 8851-** an act providing for the reform and reorganization of the PNP and for other purposes, amending certain provisions of republic act numbered 6975 entitled **"An act establishing the Philippine National Police"** under a re-organized department of the interior and local government. **Republic Act 9708 (year 2029)-** an act extending for five (5) years the reglementary period for complying with the minimum educational qualification for appointment to the Philippine National Police and adjusting the promotion system thereof, amending for the purpose pertinent provisions of republic act no. 6975 and republic act no. 8851. **POWERS AND FUNCTIONS OF THE PNP** 1. Enforce all laws and ordinances; 2. Maintain peace and order 3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; 4. Exercise the general powers to make arrest, search and seizure in accordance with the constitution and pertinent laws; 5. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the constitution; 6. Issue licenses for the possession of firearms and explosives in accordance with law; 7. 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 professions. **LEGAL DEFINITION OF ARREEST** Rule 113, Section 1 of the Rule of Court defined arrest as "**The taking of a person into custody in order that he may bound to answer for the commission of an offense."** **MODES OF ARREST** 1. **Arrest by Virtue of Warrant-** A mode of arrest usually executed by law enforces upon the written order of the judge. 2. **Warrantless Arrest-** This is also known as citizen's arrest. This can be executed by either law officers or private persons. **COURT PROCEEDING IN THE ISSUANCE OF WARRANT OF ARREST** No search warrant or warrant of arrest shall be issued except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses (sec. Art. 3,1987 constitution). **Probable cause-** facts sufficient to engender a well- founded belief that a crime has been committed and that respondent is probably guilty thereof, and should be held for trial. Probable cause is meant such set of facts and circumstances, which would lead a reasonably discreet and prudent man to believe that the offense charged in the information, or any offense included therein, has been committed by the person sought to be arrested. **EXECUTION OF THE WARRANT OF ARREST** The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from the receipt. Within ten (10) days, the officer to whom it was assigned for execution shall make a report to the judge wo issue the warrant. In case of his failure to execute the warrant, he shall state the reasons thereof (se, 4, rule 113 of court). The general rule is that a Warrant of Arrest remains enforceable and does not expire. However, there are instances when a Warrant of Arrest is unenforceable, such as when: 1. **"It is executes, lifted, recalled or quashed"-** The warrant of arrest will now become unenforceable in the case that it is already executed by the police officers; or when the warrant of arrest has been lifted by the court that issued it; or when a Motion to quash the information has been filed and granted by the court. 2. **The accused is already in detention-** "Warrant of Arrest is no longer needed when the accused is already in detention instead a Commitment Order will be issued by the judge". 3. **The accused is already dead-** Article 89 of the Revised Penal Code provides that death extinguishes criminal liability. Thus, pending criminal cases filed against the accused who died during its pendency shall be deemed terminated. 1. Congressmen and Senators- Police Officers should remember that for senators and congressmen to be privilege from arrest, the following requisites apply: a. Offenses should not exceed six years imprisonment b. Senators and congressmen should be incumbent c. Congress is in session. A recess in the Congress is not considered as in session. **Question:** Can a Senator or a Congressman be arrested if he commits as offense not punishable for more than six years but NOT ATTENDING DURING SESSION? 2. Sovereigns and Head of State- As provided by international law, they are immuned from arrest. 3. Diplomatic Personnel- These are diplomatic agents officially appointed by the government of a particular country, nation, or a state tasked to maintain international relations, represents the sending state, and to conduct negotiations with the receiving country or state. NOTE: As to consuls their immunity to arrest is not absolute. They can be subjected to arrest if they committed a grave crime (Art. 41, Vienna Convention on Consular Relation, 1963), or committed an offense outside official duties or functions (liang vs. People, G.R. No.125865, 2000). **POLICE OPERATIONAL PROCEDURES/ METHODS IN SERVING WARRANT OF ARREST** 1. Verify the validity of the warrant of arrest and request for an authenticated copy from the issuing court (par.1 Rule 12.5, Philippine National Police Handbook, 2013). **Remember, only Judge are authorized to issue a Warrant od Arrest.** 2. In serving the warrant, the police officer should introduce himself and show proper identification. 3. Make a manifestation of the authority against the person to be arrested. 4. If refused entry, the police officer may break into ant residence, office, building, and other structure where the person to be arrested is in or is reasonable believed to be in, after announcing his purpose; 5. The police officer need not have a copy of the warrant in his possession at the time of the arrest. If the person arrested so requires, the warrant shall be shown to the arrested person as soon as possible. 6. Secure the person to be arrested and use handcuffs for the protection of the arresting officer other individuals or the arrested person himself; 7. Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his immediate control; 8. Inform the person to be arrested of his rights under the law (i.e. Miranda Warning and Anti-torture Warning); 9. No unnecessary force shall be used in making an arrest; 10. Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established; 1. After identifying yourself to the suspect, inform him regarding the nature and cause of the accusation; 2. Inform the accused/suspect that he has the right to remain silent; 3. Inform the accused/ suspect that if he chooses to waive his right to remain silent (waiver of his right should be in writing during the presence of the suspect's counsel), anything he will be against him in court. 4. Inform the accused/ suspect that he has the right to counsel. Inform the accused/ suspect that if he or she cannot afford of the services of a private lawyer, the Public Attorney's Office (PAO) will provide him with one. **First Note:** if the suspect is eventually arrested (after he/she flees), during custodial investigation there is still a need to reiterate his/her Miranda rights. **Second Note:** The Miranda rights should not only be relayed in a language known to the suspect, but it should also be relayed I a well emphasized or well delivered manner. Police officers should refrain from merely reciting it. **AUTHORITY OF POLICE OFFICERS IN THE CONDUCT OF ARREST** 1. **Police may summon assistance-** the arresting officer can ask someone to assist him in the arrest. This usually happens when there are no other police officers in the area that can help. The Rules of Court States; - An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself (Sec. 10, Rule 113, Rule of Court). 2. **Authority to break into building or enclosure-** The exercise of this authority is grounded three requisites: **First-** that the officer informed the person of his authority (this may include identifying himself); **Two-** that the police officer informed the person inside/ who reside in the building or enclosure of his purpose; and **Three-** that there is ritual of admittance from the person inside/ who reside in the building or enclosure. 3. **The officer has the right to break out from the building or enclosure-** In addition to the authority of the police officer to break into the building or enclosure, he is also granted the power to break out therefrom. The Rules of the Court state: 4. **Arrest after escape or rescue-** the Rules of court asserts that; - if a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines (sec. 12 rules of court). When there is no time available to secure a warrant or when any of the following circumstances is present, either a private person or a peace officer is authorized by law to make an arrest. As stated in Section 5, Rule 113, of the Rules of Court, a peace officer or a private person may, without a warrant arrest an offender; a. "When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit as offense' (par. A, Sec. 5, Rule 113); There is also termed as in flagrante delicto arrest. In this rule there are two requirements that must be present: **First-** the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and **Two-** such overt act is done in the presence or within the view of the arresting officer. It is not sufficient that the suspect exhibits unusual or strange acts or simply appears suspicious. **Question:** As a police officer, how would you determine if the considered as an overt act of a crime in your presence that would justify a warrantless arrest in flagrante delicto? b. "**When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it" (par.b,Sec 5, Rule 113);** This is also known as hot pursuit arrest. The phrase "has just been committed" connotes "immediately" (Pestilos vs. Generoso, G.R. No. 182601 November 10, 2014\|). The measurement of the immediacy is between the time the offense was committed and the time the arrest was made. For an arrest to meet the element of immediacy there has to be a sense of urgency on the situation itself. **Answer:** The supreme Court held that hot pursuit arrest to become valid must be executed on the **same day** (people of the Phils. Vs. Tonog, G.R. No. 144497, June 29, 2004), or **three (3) hours after the commission of a crime** (people of the Phils. Vs. Gerente, G.R. No. 95847, march 10 1993), **or if possible, immediately after the offense has been committed** (people of the Phils. Vs. Alvarico, G.R. Nos. 120437-41, July 16, 1997). **Take note though, the existence of probable cause is still needed here.** **Answer:** The supreme Court held that hot pursuit arrest becomes invalid if executed **one (1) day after the crime was committed** (people of the Phils. Vs. Cendana, G. R. No. 84715 October 17, 1990) **or worst 6 days after the commission of the crime** (Rolio Go V. CA, G.R. No. 101837February 11, 1992). c. "When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or is temporarily confined while being transferred from one confinement to another" (par. C, Sec. %, Rule 113) **CUSTODIAL INVESTIGATION** Under Section 2 of Republic Act 7438,"Also known as **"Custodial investigation"** shall include the practice of issuing an **" invitation"** to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting " officer for any violation of law. **PENALTIES TO THE VIOLATOR OF R.A. 7438** - As mandated in section 4 (a) of Republic Act 7438, any public officer, employee, or investigating officer shall a fine of Six thousand pesos (p6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both when he/ she: - Fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice. - Fails to provide a competent and independent counsel to a person arrested. - "The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has previously convicted of a similar offense" (sec, 4, republic Act 7438). **REGLEMENTARY PERIOD OF DETENTION** - For crimes or offenses punishable by light penalties, or their equivalent**- twelve (12) hours** - Under Article 25 of the revised Penal Code, light penalties include arresto menor and public censure. Arresto menor under Article 27 of the revised penal Code in imprisonment one day to thirty days. - For crimes or offenses punishable by correctional penalties, or their equivalent**-eighteen (18) hours.** - Under Article 25 of the Revised Penal Code, correctional penalties include Prision Correctional, Arresto Mayor, Suspension and Destierro. Prision correctional under the Art. 27 of the Revised Penal Code is imprisonment from six months and one day to six years. Arresto Mayor under Art 27 of the revised Penal Code is imprisonment from one month and one day to six months. - For crime, or offenses punishable by afflictive or capital penalties, or their equivalent**- thirty-six (36) hours.** - Capital penalty involves the penalty of death while afflictive penalties include Reclusion perpetua, Reclusion Temporal, Perpetual or Temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor, under Art 27 of the Revised Penal Code, reclusion Perpetua involves imprisonment for twenty years and one day to forty years. The equivalent Reclusion Perpetua under special penal laws is life Imprisonment which is an indivisible sentence. Reclusion Temporal on the other hand involves imprisonment sentence. Reclusion Temporal on the other hand involves imprisonment for twelve years and one day to twenty years. Prision Mayor involves imprisonment for six years and one day to twelve years (Art. 25, RPC). - Observation of non- working holidays, during which it becomes legally and physical impossible to properly file charges in court (sec. 3.1.1. DOJ Circular No.050 series of 2012); - Extraneous factors like means of communication and transportation, the hour of the arrest or the time of surrender of an accused (sec. 3.1.2. DOL Circular No. 050 series of 2012): and - Inquest prosecutor is not available. The inquest proceedings shall be conducted on the first business day following the arrest (sec. 3.1.2. DOL Circular No. 050 series of 2012). **DEFINITION OF SEARCH** - Search is "an infringement of an individual's reasonable expectation of privacy." - An inspection which does not intrude upon a legitimate expectation of privacy or compromise any legitimate interest in privacy is not considered as a search". For example, there is no search if the police officer is looking for evidence in an open field outside a person's residence (Siegel & Worall, 2016). Neither there is search if a police officer is attentively staring at an unknown bystander who is looking suspiciously on an expensive car. **DEFINITION OF SEIZURE** It refers to the " detention of an individual or her property, and removing that property from the control of the citizen, or in effect, taking control of the individual." **SEARCH WARRANT-** is an order in writing issued in the namne of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court (sec. 1, Rule 128, Rules of court). (sec. 3.1.2. DOL Circular No. 050 series of 2012): **VALIDITY OF SEARCH WARRANT** A search warrant shall be valid for ten (10) days from the date of its issuance and thereafter consideration as void once not executed within the period required (Sec. 10, Rules of court). **TIME OF MAKING SEARCH** Section 9, Rules of Court clearly states that " the warrant ,ust direct that it be severed in the dat time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night." **REQUISITES FOR SEARCH WARRANT APPLICATION** **First**- there must be **probable cause** in connection with one specific offense: **Second**- the presence of **probable cause is to determined by the judge personally:** **Third-** **the determination by the judge must be made after an examination under oath or affirmation of the complainant and the witnesses** he may produce; and **Lastly --** the **warrant must specifically describe the place to be searched and the things to be seized** which may be anywhere in the Philippines (sec. 4, Rule 126, Rul;es of court). **PROPERTIES TO BE SEIZED** As mandated in section 3, Rule 126, of the Rules of court and Rule 14. 1 of the Philippine National Police Handbook (2013), the following personal properties are to be seized during search; - Subject of the offense; - Stolen or embezzeled and other proceeds, or fruits of the offense; - Used or intended to be used as the means of committing an offense; - Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine. **GENERAL PROCEDURES IN CONDUCTING SEARCH WITH WARRANT** 1. **Knock and Announce Rule** It is a legal mandate for police officers to "announce their presence, identify themselves to the accused and to the persons who rightfully have possession of the premises to be searched, and show to them the search warrant to be implemented by them and explain to them said warrant in a language or dialect known to and understand by them". As for the time to wait after knocking and announcing, the Supreme Court cleared that there is no "constitutional stopwatch" to it (People of the Phil. Vs. Huang Zhen Hua & Jogy Lee, G.R No. 139301, September 29, 2024), however the United states Court held that "15 to 20 seconds is sufficient time for officers to wait before force entry into a home to execute a search warrant". 2. **Witness to Search Rule** "search of a house, room, or any other premises shall be made in the presence of the lawful occupant therefore or any member of his family or in the discretion residing in the same locality (sec. 8, Rule 126, Rules of court). 3. **Issuance of Property Receipt-** The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises. 4. **Delivery of Seized Property to Court-** The officer must fortheith deliver the property seized to the judge who issued the warrant together with a true inventory thereof duly verified under oath. **FRUIT OF THE POISONOUS TREE** All evidence (the fruit) derived from an illegal search (the poisonous tree) shall be inadmissible as evidence in the court.