PHILIPPINE CRIMINAL JUSTICE SYSTEM
PCJS- is the system of practices and institutions
of governments directed at upholding social
control, deterring and mitigating crime.
-it refers to the machinery of the state of the
government which enforces rules of conduct
necessary to protect life and property and to
maintain peace and order
BURDEN OF PROOF – the government must
prove beyond “beyond reasonable doubt” that
the suspect committed the crime.
CRIMINAL – the main character of criminal
justice system
SUSPECT – at the police stage, he is referred as
the suspect during investigation
RESPONDENT – at the prosecutor’s office,
during the preliminary investigation
ACCUSED – the most pampered party in a
criminal case
ACCUSED – when the cased has been filed in
the court
VICTIM – the forgotten party in the criminal
cases
CONVICT – once the court has determined that
the accused is guilty beyond reasonable doubt
PEOPLE OF THE PHILIPPINES – the actual
offended party in criminal cases
CRIMINAL – when the person has served the
sentence
CRIMINAL LAW – is the basis that takes place in
the criminal justice system
ADVERSARIAL approach- assumes innocence
-is that branch of public law, which defines
crimes, treats of their nature and provides for
their punishment.
JUSTICE – is the act of rendering what are due
and treating persons equally.
SUBSTATIVE DUE PROCESS – defines the
element that are necessary for an act to
constitute as a crime and therefore punishable
-the prosecutor has the burden of proof
INQUISITORIAL approach- assumes guilt
-the accused has burden of proof
ARREST STAGE – it refers to the taking of the
person into custody in order that he may bound
to answer for the commission of an offense
CHARGING STAGE- it determines whether there
is probable cause to hold the accused for trial
-this requires the intrinsic validity of the law in
interfering with the rights of the persons to his
life, liberty or property.
ADJUDICATION – the court task is to
promulgate judgement that determines the
guilt or innocence the accused.
PROCEDURAL DUE PROCESS – in one which
hears before it condemns which proceeds upon
inquiry and renders judgement only after trial.
SENTENCING- It his duty to apply the provision
of the law to the facts established in imposing
certain punishment.
-refers to a statute that provides procedures
appropriate for the enforcement of the
substantive criminal law.
CRIME CONTROL MODEL- the most important
function of the system is protection of the
repression of criminal conduct.
PRESUMPTION OF INNOCENCE – those who are
accused of crimes are considered innocent until
proven guilty
DUE PROCESS MODEL – the rights of individual
must be co-equal with the concern for public
safety
THE BLINDFOLD- reinforces the courts devotion
to the objective truth
THE SCALES – represent the need to weigh the
different side of the case
SWORD – is the symbolic of justice power
LAW ENFORCEMENT- maintaining law and
order and combating crime with the society
-initiator or the prime mover
HOME RULE – servant of the community
CONTINENTAL- servant of higher authority
OLD COCEPT – is the number of arrest.
MODERN CONCEPT – is the absence of crime
POLICE DECREATION- an official agency’s own
considered judgement and conscience.
PNP – a law enforcement agency is under the
DILG
-under administrative control and operational
supervision of the NATIONAL POLICE
COMMISION
WARRANT OF ARREST- writing issued that
taking a person into custody
SEARCH AND SEIZURE SEARCH – refers to the
examination on an individual
SEIZURE- Is to take something into custody
SEARCH INCIDENTAL TO LAWFUL ARRESRT- a
person lawfully arrested may be searched for
dangerous weapons
CONSENTED SEARCH – the rights against
unreasonable search and seizure may be
voluntary waived by a person being search
PLAIN VIEW DOCTRINE- illegal things at sight
may be seized even without a warrant to do so.
SEARCH WARRANT – writing issued
commanding him to search for personal
property described therein and bring it before
the court
CRIMINAL INVESTIGATION – is an art which
deals with identity and provides evidence if his
guilt in criminal proceedings.
ITERROGATION – is a questioning of a person
suspected of having committed a crime
INTERVIEW – is the questioning a person who
believed to possess knowledge
LAW ENFORCEMENT – has the power to enforce
laws and ordinances relative to the protection
of lives and property
CONFESSION- is the direct acknowledge guilt
CRIME PREVENTION – the elimination of the
opportunity for the commission of a crime.
PROSECUTION – is the course of action or
process whereby accusations are brought
before a court of justice to determine the
innocence or guilt of the accused
POLICE PATROL – the backbone of police
department
CRIME DETECTION – is the discovery of the
police that a crime has been committed
CRIMINAL APPREHENSION- the legal term for
criminal apprehension is arrest.
ARREST – taking a person into custody
ADMISSION – is the indirect acknowledge guilt
-the party in the criminal proceeding who
instituted the criminal action
DEFENSE – the party against whom the criminal
action was instituted.
PROSECUTOR – is the officer of the government
whose function is the prosecution of criminal
actions
-he is also referred to as PUBLIC PROSECUTOR
-he represents the government especially in
criminal cases before the first level and second
level courts.
PRELIMINARY INVESTIGATION – is an inquiry or
proceeding for the purpose of determining
whether there is sufficient ground to engender
a well-founded belief that a crime cognizable

The purpose of preliminary
investigation is to establish PROBABLE
CAUSE
PROBABLE CAUSE – is the knowledge of facts,
COMPLAINT – is a sworn written statement
charging a person with an offense subscribed by
offended party
INFORMATION – an accusation in writing
charging a person with an offense subscribed by
the prosecutor
AFFIDAVID – is a statement of facts under oath