I. LAW ENFORCEMENT PROCESS c. Prepare legal opinions on queries involving violations of d.
ies involving violations of d. To testify as a witness in his own behalf but subject
The law enforcement consists of the officers and men of
the Philippine National Police (PNP), the National Bureau
of Investigation (NBI), and other agencies. When they
learn of the commission of crimes or discover them, their
duty is to:
a. Investigate the crime which may take the form of
surveillance and observation of suspects, other
persons and premises.
b. Arrest suspects by virtue of a warrant of arrest
issued by a judge on the basis of evidence submitted
by them or under circumstances justifying a
warrantee’s arrest.
c. Refer the case and the suspects to the Office of the
Public Prosecutor or Municipal Trial Court for
preliminary investigation or directly to the Municipal
Trial Court for trial and judgment.
Any person who while in custody or otherwise deprived of
liberty is under investigation for the commission of an
offense, has the following constitutional rights, among others:
1.) He must be informed of his right to remain silent and to
have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel;
2.) No torture, force, violence, threat, intimidation or any
other means which vitiate the free will shall be used against
him; secret detention.
II. PROSECUTION PROCESS
The investigation and prosecution of all cases involving
violations of penal laws are lodged with the Department of
Justice (DOJ) through its National Prosecution Service
(NAPROSS). The DOJ is headed by the Secretary of
Justice with three Undersecretaries assisting him. The
Prosecution Staff or State Prosecutors perform the following
functions:
a. Investigate administrative charges against prosecutors
and other prosecution officers;
b. Conduct the investigation and prosecution of all
crimes;
the Revised Penal Code and special penal laws; and
Review appeals from the resolutions of prosecutors and
other prosecuting officers in connection with criminal
cases handled by them.
III. THE JUDICIAL PROCESS
If the preliminary investigation results in the finding
that a crime has been committed and the suspect is
probably guilty thereof, the public prosecutor will file the
corresponding information in the proper court.
The case shall then be set for arraignment which is the
first stage of a criminal action. It consists of the reading of
the information or criminal complaint in court to the
accused in open court. The accused is then asked how he
pleads. The accused may plead guilty or not guilty to the
offense charged. If he refuses to plead, a plea of not guilty
will be entered for him. If the accused pleads guilty, the
court shall sentence him to the corresponding penalty if it
is satisfied of the voluntariness of the plea, and otherwise,
of the guilt of the accused. If the accused pleads not guilty,
the case is set for pre-trial and/or trial.
No agreement or admission during the pre-trial shall be used
in evidence against the accused unless reduced in writing and
signed by him and his counsel. After the pre-trial stage, trial
follows. The prosecution commences the presentation of
evidence, followed by the accused. Prosecution may present
rebuttal evidence. The parties may also present written
arguments or memoranda after which the case is deemed
submitted for decision. The law secures to every accused the
following rights during trial:
a. To be presumed innocent until the contrary is proved
beyond reasonable doubt;
b. To be informed of the nature and cause of the accusation
against him;
c. To be present and defend in person and by counsel at
every stage of the proceedings, from the arraignment to
the promulgation of judgment. The accused may,
however, waive his presence at the trial pursuant to the
stipulations set forth in his bail bond, unless his presence
is specifically ordered by the court for purposes of
identification.
cross-examination on matters covered by direct
examination. His silence shall not in any manner pre
him;
e. To be exempted from being compelled to be a witne
against himself;
f. To confront and cross-examine the witnesses again
at the trial. Either party may utilize as part of its evi
the testimony of a witness who is deceased, out of o
cannot with due diligence be found in the Philippine
unavailable or otherwise unable to testify, given in
another case or proceeding (judicial or administrati
involving the same parties and subject matter, the a
party having had the opportunity to cross-examine
g. To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf;
h. To have a speedy, impartial and public trial; and
i. To have the right of appeal in all cases allowed and
manner prescribed by law.
IV. PENAL OR CORRECTIONAL PROCESS
Punishment is the isolation of the convicts by imprison
for the periods laid down by the courts or in extreme ca
their execution by the method prescribed by law and
correction and rehabilitation are functions undertaken
institutions set up by law, e.g., the Bureau of Prisons, Pa
and Probation Administration.
V. THE COMMUNITY
The community component should also include governm
institutions that play a role in the criminal justice syste
such as the Bureau of Posts which delivers court notice
Commission of Immigration and Deportation which ma
prevent the departure of suspects from the country; the
Bureau of Telecommunications which transmits
communications by telephone, telegram or radio; and t
government hospitals and medical centers (like the Nat
Psychopathic Hospital) which furnish experts who may
enlighten the courts on issues involving medical or oth
sciences, etc. Private institutions and civic organization
should also be deemed part thereof, since they may also
roles to play in the criminal justice system.
 CRIMINAL
JUSTICE
SYSTEM
SUBMITTED BY:

CONCLUSION
The criminal justice system is not just
the agencies and persons charged
with law enforcement; not just the
public prosecution, nor the courts,
nor just the penal and correctional
system, nor just the community. The
criminal justice system is all of these
institutions or pillars collectively. For
it to work efficaciously and speedily,
it is essential for all these pillars to
work efficiently and with dispatch,
and in cooperation and in
coordination with one another.
The criminal justice system,
essentially, is the system or proce
the community by which crimes
investigated, and the persons
suspected thereof are taken int
custody, prosecuted in court an
punished, if found guilty, provisi
being made for their correction a
rehabilitation. The Philippine
criminal justice system is compo
of five parts or pillars, namely, l
enforcement, prosecution, judici
penology, and the community