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crime goes back to after serving his/her finding of probable cause is contained in a document
INTRODUCTION sentence. called a "resolution".
• Composition. Non-Government Organizations Filing of the Information in Court . If the reviewing
(NGOs), Civil Society Organizations (CSOs), official (the city or provincial prosecutor) approves of
CRIMINAL JUSTICE SYSTEM (CJS) is the system or
Commission on Human Rights (CHR), the resolution, then the proper information is filed in
process in the community by which crimes are
Department of Social Welfare & Development the proper court. The "information" is a formal
investigated, and the persons suspected thereof are accusation or charge against a person who is believed
(DSWD), Public Attorney’s Office (PAO),
taken into custody, prosecuted in court and punished
Schools/Universities, Church/Religious Groups. to have committed the crime.
if found guilty, with provision being made for their
• If the imposable penalty is below 6 years, then the
correction and rehabilitation.
case is filed with the Municipal Trial Court. If the
imposable penalty is more than 6 years, then the
Formal Legal Protection System case is filed with the Regional Trial Court.
Institutional Framework Arrest of the Accused and Posting of Bail. Probable
The CJS adopts prescribed and established criminal cause for the issuance of a warrant of arrest is the
procedures, rules and regulations. The processes existence of such facts and circumstances that would
involved in the investigation and prosecution of lead a reasonably discreet and prudent person to
The responsibility for the CJS is primarily with the criminal cases comprise the following: believe that an offense has been committed by the
national government. The Philippine CJS comprises of
person sought to be arrested.
five (5) pillars, namely Law Enforcement, Prosecution,
Courts, Corrections and the Community.
Police Investigation. Done motu propio or upon filing • The judge determines whether a warrant of arrest
of complaint in the police station. should be issued against the accused.
1. Law Enforcement
• Investigation is undertaken through surveillance, • Before issuing a warrant of arrest, the judge must
• Mission. Prevention and control of crimes, interview of persons with knowledge of facts satisfy himself that based on the evidence
detention/arrest of suspects, investigation and directly or indirectly connected with the offense submitted, there is sufficient proof that a crime has
filing of case, and assisting in prosecution. (including the suspects who consent to be been committed and that the person to be arrested
• Composition. Composed of five (5) major law questioned), entrapment operations, search and is probably guilty thereof.
enforcement agencies, such as the Philippine seizure and arrest, interrogation of suspects in • Bail is the security given for the release of a person
National Police (PNP), National Bureau of police custody and gathering of physical evidence in custody of the law, furnished by him or a
Investigation (NBI), Philippine Drug on the case. bondsman, to guarantee his appearance before
Enforcement Agency (PDEA), Bureau of • General rule: No person may be taken into custody any court. Bail may be given in the form of
Immigration and Deportation (BID), and Bureau except only by virtue of a warrant of arrest issued corporate surety, property bond, cash deposit, or
of Customs (BOC). by a competent court. Warrantless arrest by a recognizance.
2. Prosecution peace officer or a private person (citizen’s arrest) • Bail cannot be posted before custody of the
• Mission. Conduct preliminary investigation of may only be allowed under the following accused has been acquired by the judicial
cases filed in the prosecutor’s office and circumstances: (i) in flagrante delicto; (ii) hot authorities by his arrest or voluntary surrender.
prosecutes cases filed in the court against pursuit arrest; and (iii) escaped prisoner.
alleged offenders after probable cause is • Alleged offenders subject to such arrest are • All persons, except those charged with offenses
established. detained in police lock-up jails for custodial punishable by reclusion perpetua when evidence of
• Composition. Comprises primarily of two investigation. Persons under custodial guilt is strong, shall, before conviction, be bailable
national government agencies, the National investigation have the following Constitutional by sufficient sureties, or be released on
Prosecution Service (NPS), an organic unit of the rights: (i) to be informed of his right to remain silent recognizance as may be provided by law (Section
Department of Justice and the Office of the and to have competent and independent counsel 13, Article III, 1987 Constitution).
Ombudsman. preferably of his own choice; (ii) no torture, force, Arraignment (Plea of Guilty or Not Guilty to the
3. Courts violence, threat, intimidation, or any other means Offense Charged). Arraignment is the actual reading
• Mission. Adjudication of justice and rendering which vitiate the free will shall be used against him; of the charges against the accused.
judgment. and (iii any confession or admission obtained in • Part of the right of the accused to be informed of
• Composition. The Philippine Judiciary is a violation of the foregoing shall be inadmissible in the charges against him.
fourtiered court system consisting of the evidence against him. • The complaint or information must be read in a
Supreme Court as the highest court of the land; Preliminary Investigation. An inquiry or proceeding to language known to him if the arraignment is to
the intermediate courts consisting of the Court determine whether there is sufficient ground to serve its purpose.
of Appeals, Sandiganbayan, and Court of Tax engender a well-founded belief that a crime has been • After the charge is read, the accused is asked how
Appeals; the second level courts which consist committed and the respondent is probably guilty he pleads. His plea must be made personally.
of Regional Trials Courts; and the first level thereof, and should be held for trial. • Arraignment and plea is one stage of the criminal
courts comprising of the Metropolitan Trial • Except in cases of lawful arrest without warrant, a proceedings where the presence of the accused is
Courts, Municipal Trial Courts in Cities, preliminary investigation is required to be not only a duty but is indispensable. Pre-Trial. Pre-
Municipal Trial Courts, and Municipal Circuit conducted before the filing of a complaint or trial in criminal cases has now been made
Trial Courts. information for an offense where the penalty mandatory.
4. Corrections prescribed by law is at least four (4) years, two (2) • Accused is merely required to sign the written
• Mission. Correction, inmates welfare and months and one (1) day without regard to the fine. agreement arrived at in the pre-trial conference, if
development, rehabilitation, jail/prison • Inquest is an informal and summary investigation he is in conformity therewith.
management, and reintegration. conducted by a public prosecutor in criminal cases • Unless otherwise required by the court, his
• Composition. Composed of two major and involving persons arrested and detained without
personal presence at the conference is not
equally significant components (i) the the benefit of a warrant of arrest issued by the
indispensable.
institution-based, and (ii) the community based court for the purpose of determining whether or
Trial. Violation of Section 1, Rule 119 on preparation
corrections. The institution-based corrections not said persons should remain under custody and
for trial or the total absence of notice of trial, is a denial
comprise of prisons and jails administered by correspondingly be charged in court.
of due process and a new trial may be granted.
the Bureau of Corrections of the DOJ, the • The inquest proceedings must be terminated
• The present rule enjoins continuous trial.
Bureau of Jail Management and Penology of the within the period prescribed under the provisions
• Non-appearance of the prosecution at the trial,
DILG, and by the local government units with of Article 125 of the Revised Penal Code, as
despite due notice, justifies a provisional dismissal
regard to provincial and sub-provincial jails. amended. The periods prescribed are: (1) 12 hours,
or an absolute dismissal, depending on the
Community-based corrections pertain to for crimes or offenses punishable by light penalties,
circumstances.
probation and parole. The Bureau of Pardons or their equivalent; (2) 18 hours, for crimes or
Sentencing or Judgment. In the case of a capital
and Parole is authorized by law to grant parole offenses punishable by correctional penalties, or
offense, (i.e., the possible sentence could be death
to qualified prisoners. While the Parole and their equivalent; and (3) 36 hours, for crimes or
or life imprisonment), the complaint has to be
Probation Administration (PPA) of the DOJ offenses punishable by afflictive or capital
resolved within 90 days from the time that the case
administers the probation and parole systems in penalties, or their equivalent.
is assigned to the prosecutor. In all other cases,
the Philippines. Issuance of the Prosecutor’s Resolution. The
whether they are cognizable by the Regional Trial
5. Community prosecutor has to establish the standard of "probable
Court or the Municipal Trial Court, these cases must
• Mission. Work with communities and organized cause", meaning that based on the allegations of the
be resolved within 60 days from assignment.
groups in fighting criminality, collectively complainant and the respondent, there is reasonable
• The Speedy Trial Act also provides certain time
impose limitations on citizens’ behavior to deter ground to believe that a crime has been committed,
standards within which the case should be decided,
criminality/criminal behavior, and serve as and that the accused is probably guilty thereof. The
as follows: (1) from the time of the filing of the
society at large where a person convicted of a information to arraignment - 30 days; (2) from the
time of arraignment to the first trial day - 30 days;
(3) from the first trial day to the termination of trial
- 180 days; and (4) from the termination of the trial
to the issuance of the decision - 90 days.
• Ideally, a criminal case pending with the lower
courts should take no more than eleven (11)
months to finish, from the time the charge is filed,
to the time that the decision is promulgated.