CRIMINAL JUSTICE SYSTEM
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The organization, administration and
operation of criminal justice, in that all the
components involved with the prevention,
control and reduction of crime and
delinquency are conscious of each
responsibility.
An integrated apparatus that is concerned
with the prevention, prosecution,
conviction, sentencing, and correcting of
criminals.
The process of linking those five pillars
together so as to achieve an interrelated
scheme of reciprocal responsibilities in its
approach to community involvement. It
reveals that each component has a distinct,
sequential role to perform within the
system.
JUSTICE - according to the Supreme Court
(SC) of the Philippines is symbolically
represented by a blindfolded woman,
holding with one hand a sword and with the
other, a balance, meaning thereby that it is
administered without respect to persons,
equally to the poor and the rich.
1. LAW ENFORCEMENT - one who initiates the
criminal justice process by the arrest of the
criminal.
- Implement the law, prevent and control crime,
maintain peace and order, and ensure public
safety and internal security with the active
participation of the community.
R.A 4864 - The Police Act of 1966. created the
police commission under the Office of the
President.
R.A 6975 - The DILG Act of 1990 – established
the PNP , merged the PC and INP. It also created
the NAPOLCOM to control PNP. ( BJMP & BFP )
1. Continental Theory
- Policemen are considered as servant
of higher authorities not the common people.
2. Home Rule Theory
- Policemen are considered as servant
of the people.
2. PROSECUTION –
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to commence and carry on a criminal action
or lawsuit in the name of the People of the
Philippines.
to bring suit against for redress of wrong or
punishment of crime.
to seek to enforce or obtain, as a claim or right,
by legal process.
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Serving as the lawyer of the
State/government in criminal cases, the
prosecutor is automatically considered an
officer of the court; at the same time, he is
formally a member of the Department of
Justice, under the Executive branch of the
Government, and thus independent from
the judiciary.
The prosecution service is made up of Provincial
and City Public Prosecutors under the National
Prosecution Service (NPS). They perform to
types of prosecutorial powers; investigatory and
prosecutory such as they:
PROSECUTION - Evaluate the police findings
referred to them, or other complaints filed
directly with them by individual persons.
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File corresponding INFORMATION OR
CRIMINAL COMPLAINTS in the proper
courts on the basis of their evaluation of
the proofs at hand.
Prosecute the alleged offenders in court, in
the name of the People of the Philippines.
( VICTIMS LAWYER )
Preliminary investigation - It 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
the respondent is probably guilty thereof, and
should be held for trial.
PROBABLE CAUSE - It is a facts and
circumstances which would lead a reasonably
discreet and prudent man to believe that the
person has committed an offense, sought to be
arrested.
Arrest - If the arrest is with warrant the
arrested person must be detained for him to
face the case. However, if the arrest is without
a warrant, he must be detained to undergo an
inquest proceeding.
INQUEST PROCEEDING - proceeding done by
an inquest prosecutor to determine the
validity of the arrest. Summary in nature which
may be done by an informal interview with the
arresting officer and/or arrested person.
A crime of Arbitrary Detention is committed
when the detention of a person is without
legal grounds. The legal grounds of detention
are:
1. Commission of a crime
2. Violent insanity
3. Arraignment
4. Bargaining
5. pre trial
1. Direct and Cross examination
6. Trial
1. Prosecution 1st to present
2. Défense
3. Rebuttal/ sur rebuttal
7. verdict/ judgement
8. Appeal
9. Filing of motion
3. COURT - An organ of the government
belonging to the judicial department officially
assembled under authority of law at the
appropriate time and place for the
administration of justice through which the
state enforce its sovereign rights and power.
- Imposes the penalty if the accused is found
guilty.
Subpoena - A writ of court commanding the
recipient to appear at a certain time and place
to give testimony upon a certain matter.
Judge - An officer so named in his commission
who presides in some court;
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a public officer, appointed to preside
and administer the law in court of justice.
LEVEL OF HIERARCHY OF COURTS IN THE
PHILIPPINES
1. Supreme Court
2. Court of Appeal
3. Regional Trial Court
BARANGAY COURT - Presidential Decree No.
1508, dated June 11, 1978, creates in each
barangay a body to be known as “Lupong
Tagapayapa” (Barangay Courts) which shall
constitute a system of amicably settling
disputes at the barangay level, to help relieve
the courts of docket congregation and thereby
enhance the quality of justice disposed by the
courts.
RA 7160 ?
The Local Government Code of 1991.
THE KATARUNGANG PAMBARANGAY
It is a justice administered in the barangay level.
It is a system of amicably settling disputes
among families in barangay levels without
judicial recourse.
JURISDICTION
- The power and authority to hear, try,
and decide a case.
Supreme Court - Is the highest court of the
land.
The court of the last resort/ final arbiter.
3, Correction - Is the system of taking care of
custody, treatment and rehabilitation of all
convicted persons of prisoners punished by
law for the commission of an offense
Institutional correction - This covers an
examination of the history, philosophy and
objectives of imprisonment and the
development of Prisons. A study of Institutional
Agencies in the Philippines, to include BJMP –
which oversees city and municipal jails. Deals
also with the structures, management,
standards, programs and services inside the
prison. It also assimilates information to achieve
the ultimate goal of rehabilitation and
reformation of criminals.
4.CORRECTION
- The branch of criminal justice system
concerned with the custody, supervision and
rehabilitation of criminal offenders.
- The weakest pillar in the Philippine criminal
justice system because of its failure to reform
and rehabilitate criminal offenders.
PENALTIES AS TO GRAVITY
1. Reclusion Perpetua – 20 Years and 1
day to 40 Years
2. Reclusion Temporal – 12 years and 1
day to 20 years
3. Prision Mayor – 6 months and 1 day to
12 years
4. Prison correctional 6 months and 1 day
to 6 years
5. Arresto mayor – 1 months and 1 day to
6 months
6. Arresto menor – 1 day to 30 days
THE TWO RIVAL PRISON SYSTEMS IN THE
HISTORY OF CORRECTION
Auburn Prison System
The prison system called the “Congregate
System”. T he prisoners are confined in their
own cells during the night and congregate work
in shops during the day, complete silence was
enforced.
Pennsylvania Prison System
The prison system called
“Solitary System “.
Prisoners are confined in single cells day
and night where they lived, they slept, and
they ate and received religious instructions.
Prisoners are required to read Bible.
In 1936 the city of MANILA exchanges its
MUNTINLUPA property with the Bureau of
Prison
( Bureau of Correction )
Before the BILIBID PRISON is located at
Oroquieta Street in Manila that was
established in 1847 and was formally
opened on April 10, 1866 by a Royal
Decree. But now it is located at Rizal,
Muntinlupa City.
- Used to confine a convicted criminal
offender to serve sentence less than 3 years.
Ex. City Jail and Provincial Jail
3. WORKHOUSES, JAIL FARMS OR CAMP
- A facility that confined minimum
custody offenders who are serving short
sentences or those who are undergoing
constructive work programs. It provides
employment of prisoners and constructive
leisure time activities.
BJMP
The OLD BILIBID PRISON is now being used
as the MANILA CITY JAIL famous as the
MAY HALIQUE ESTATE.
- exercises supervision and control
over all cities and municipal jails through out
the country. The enactment of the R.A 6975
created BJMP . It operates a Line Bureau under
the Department of of the Interior and Local
Government ( DILG ).
BUREAU OF CORRECTION
BJMP
- Has general supervision and control
of all National and Provincial prisons and
all Penitentiaries. It is charged with the
safekeeping of all INSULAR PRISONERS
confined therein or committed to the
custody of the Bureau.
COVERAGE OF THE BUREAU OF
CORRECTION
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It maintains 7 correctional institution
and penal farm.
1. NEW BILIBID PRISON
- Also known as the Jail Bureau
Highest position in the BJMP is
1. Chief of the BJMP - Director
2.
Assistant Regional Director – SUPT. To C/
SUPT.
3. Warden – INSP. To CHIEF INSP.
4. Jail guards – JO1 to SJO4
RECEPTION & DIAGNOSTIC CENTER
( RDC )
2. CORRECTIONAL INSTITUTION FOR
WOMEN
- This is a special unit of prison ( Camp
Sampaguita )
3. IWAHIG PRISON AND PENAL FARM
Where new prisoner undergo diagnostic
examination, study and observation for the
purpose of determining the programs of
treatment and training best suited to their
needs and the institution to which they should
be transferred.
4. SABLAYAN PRISON AND PENAL FARM
5. SAN RAMON PRISON AND PENAL
FARM
6. LEYTE REGIONAL PRISON
7. DAVAO PRISON AND PENAL FARM
TYPES OF JAIL
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LOCK-UP JAIL
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ORDINARY JAILS
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WORKHOUSES, JAIL FARMS OR CAMP
1. LOCK-UP JAILS
- It is a security facility, common to
police stations, used for temporary
confinement of an individual held for
investigation.
2. ORDINARY JAILS
QUARANTINE CELL OR UNIT
- a section of the RDC where the
prisoner is given a thorough physical
examination including blood test, x-ray,
vaccination and immunity.
- to insure that the prisoner is not
suffering from any contagious disease which
might transfer to the prison population.
- Upon admission in the RDC the
inmate is placed for at least 5 days.
AFTER QUARANTINE PERIOD the inmate shall
remain in the RDC for 55 days where he shall
undergo psychological, educational,
vocational, sociological, religious and other
examination.
Non institutional correction - Also known as
Community Based Approach to Correction.
Deals on how to reform and rehabilitate
convicted offenders outside the Prison. Not all
convicted offenders have to serve their
sentence behind bars. Some are allowed to
stay in the community, subject to the
condition imposed by the government. It is
also a way to decongest the prison.
5. Community - The fifth pillar in the criminal
justice system it refers to the ”elements
that mobilized and energized to help the
authorities in effectively addressing the law
and order concerned of the citizenry”.
- is a group of people who live in the
same area, or the area in which they
live. The participation of community in
the CJS is to help, cooperate and
participate in crime prevention and
control .
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