CRIMINAL JUSTICE SYSTEM

Criminal Justice System (CJS) The system in the community charged with the direct responsibility for the reduction, prevention, and control of crime.
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The system or process in the community by which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in court, punished if found guilty, provision being made for their correction and rehabilitation.

The machinery which society uses in the prevention of crime. The totality of the activities of law enforcers, prosecutors, defense lawyers, judges, and correction personnel, as well as those efforts of the mobilized community in crime prevention and control.

The orderly progression of events from the time a person is arrested or taken out of the community, investigated, prosecuted, sentenced, punished, rehabilitated, and eventually returned to the community.

The 5 Pillars of Criminal Justice System: 1. Law enforcement 2. Prosecution 3. Court 4. Correction 5. Community

The Interrelationship of the five pillars: Some of the most crucial problem in the criminal justice system have occurred as the result of the failure to recognize the effect that a change in the system do not operate independently; but, rather, the functions overlap. Although there is generally a broad agreement over the goals of the CJS, there is far less agreement over the how best to attain these goals. Based on the principles of check and balances, the enforcement, prosecution, judicial, and correctional aspects of the systems are not vested within the authority of the same agency. For example, giving the police the authority to arrest, prosecute, and to reform the individuals would be an unacceptable practice. Such a system would obviously pose a dangerous threat to individual liberty in the free society. In such a case, the police will be acting as the enforcer, prosecutor, judge, and executioner at the same time. The danger about human rights violations will be far greater.

First Pillar: Law Enforcement

Law Enforcement Branch of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society. Made up mainly of the Philippine National Police, National Bureau of Investigation, and Philippine Drug Enforcement Agency. Also called the POLICE pillar. Occupies the frontline of the CJS because they are regarded as the initiator of the system. They are the first contact of the law violator in the CJS process. Investigates, make arrests, and prepares evidence against the suspects needed to prosecute them.

Powers and functions of the PNP: Enforce all laws and ordinances relative to the protection of lives and properties. Maintain peace and order and take all necessary steps to ensure public safety. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice ad assist in their prosecution. Exercise the general powers to make arrest, search and seizure in accordance with the constitution and pertinent laws.
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Detain a arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the constitution.

Issue licenses for the possession of firearms and explosives in accordance with the law.

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 purpose of their professions.

Police Functions: Law enforcement the power of the police to implement law and demand compliance from the citizens. Crime Prevention the elimination of the opportunity for the commission of a crime. Crime Investigation a police activity directed toward the identification and apprehension of alleged criminals and the accumulation, preservation, and presentation of evidence regarding their alleged crimes. Criminal Apprehension the taking of a person into a custody in order that he may bound to answer for the commission of a crime; made by an actual restraint of a

person to be arrested or by his submission to the custody of the person making the arrest.

Second Pillar: Prosecution

Prosecution
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The course of action or process whereby accusations are brought before a court of justice to determine the innocence or guilt of the accused.

In a criminal action, it is a proceeding instituted and carried on by due course of law before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with a crime.

Takes care of evaluating the evidences and formally charges the suspects before the court.

Serves as screening process on whether to file a case based on evidence or dismiss the same.

Determines what particular crime shall be formally filed and presents the burden of proof against the suspect.

Prosecutor / Public Prosecutor / Fiscal One who prosecutes another for a crime in the name of the government; one who investigates the prosecution upon which an accused is arrested; one who prepares an accusation against the party whom he suspects to be guilty. An officer of the government whose function is the prosecution of criminal actions or suits partaking of the nature of criminal actions.

Duties of a Prosecutor To conduct preliminary investigation. To make proper recommendation during the inquest of the case referred to them by the police after investigation of the suspect. To represent the government or state during the prosecution of the case against the accused. Preliminary Investigation An inquiry or proceeding to determine whether there is a sufficient ground to engender a well founded belief that a crime has been committed and the respondent is probably guilty thereof.
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It is required to be conducted before the filing of the information for an offense has been committed by the person sought to be arrested.

Probable Cause The existence of such facts and circumstances as would excite a belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he is prosecuted. Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to arrested. Complaint A sworn, written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officers charged with the enforcement of the law. Information An accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court.

Procedure of Preliminary Investigation 1. There must be a complaint accompanied by the affidavit of the complainant and his witnesses as well as other supporting documents to establish probable cause. 2. The investigating prosecutor shall either dismiss the case or issue subpoena to the respondent within 10 days after the filing of the complaint. 3. The respondent shall submit his counter affidavit and that of his witnesses within 10 days from receipt of the subpoena. If the respondent cannot be subpoenaed or if he failed to submit his counter affidavit within the prescribed period, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complainant. 4. The investigating prosecutor may set a hearing if there are facts or issues to be clarified. The hearing shall be held within 10 days from the submission of counter affidavit, or from the expiration of the period of submission. Such hearing shall be terminated within 5 days.
5. Within 10 days after the investigation, the investigating prosecutor shall

determine whether or not there is sufficient ground to hold the respondent for trial. The termination of the hearing shall be the end of the investigation. 6. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor within 5 days from his resolution. If the investigating prosecutor recommends dismissal of the case, the same procedure shall apply. The provincial, city or chief state prosecutor shall act on the resolution within 10 days from receipt and shall immediately inform the parties of such action.

No complaint or information may be filed or dismissed by the investigating prosecutor without prior written authority or approval of the provincial or city or chief state prosecutor.
7. If the investigating prosecutor recommends the filing of the case but the

provincial, city or chief state prosecutor disapproves and wants the case dismissed, the provincial, city or chief state prosecutor may dismiss the case without need for another preliminary investigation. If the investigating prosecutor recommends dismissal of the case but the provincial, city or chief state prosecutor finds probable cause, the provincial, city or chief state prosecutor may file the information with the court without the need for preliminary investigation. 8. In case either party is not satisfied with the findings of the provincial, city or chief state prosecutor, he may submit his petition with the secretary of justice. The secretary of justice has the power to modify the resolution of the provincial, city or chief state prosecutor. The secretary may affirm or reverse the resolution of the provincial, city or chief state prosecutor without conducting another preliminary investigation.

The Third Pillar: Court

Court An organ of the government belonging to the judicial department whose function is the application of the laws to controversies brought before it and the public for the administration of justice. The centerpiece of the criminal justice system. Conducts arraignment and trial; acquits the innocent and adjudicate penalty for the accused if found guilty. Judiciary That branch of the government which is vested with judicial power. That branch of the government which is empowered to interpret, construe, and apply the laws. Judicial Power The power to apply the laws to contests or disputes concerning legally recognized rights or duties of and between the state and the private persons or between individual litigants in cases properly brought before the judicial tribunals.
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Vested in one Supreme Court and in such lower courts.

Power of Judicial Review

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The power of the Supreme Court to determine whether laws passed by congress and acts of the president are in accord with the constitution when the matter is raised.

Organization and Jurisdiction of the Courts

A. Regular Court

Supreme Court The highest court of the land. Composed of a chief justice and 14 associate justices All members of the Supreme Court are appointed by the President from a list of recommendees presented by the Judicial and Bar Council. All members of the Supreme Court serve until they reach the age of 70 unless removed by impeachment. -

Shall have administrative supervision over all courts. Shall have the power to discipline judges of the lower courts. Shall have appellate jurisdiction over cases decided by the Court of Appeals. Court of Appeals

Headed by a Presiding Justice. Composed of 68 associate justices. All appointed by the president. Sits by division, each division composed of 3 members Has appellate jurisdiction over cases decided by the RTC Reviews not only the decisions and orders of the Regional Trial Courts nationwide but also those of the Court of Tax Appeals, as well as the awards, judgments final orders or resolutions of, or authorized by 21 quasi judicial agencies exercising quasi judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission (Pres. Proclamation No. 347 of 1994) and Office of the Ombudsman, decisions and resolutions of the National Labor Relations Commissions (NLRC)

Regional Trial Courts Presided by a Regional Judge Established among the 13 regions consisting of regions 1 12 and the NCR. There are as many regional trial courts in each region as the law mandates. Has general jurisdiction over criminal cases. Has jurisdiction over offenses punishable with imprisonment of years 6 and 1 day over and over. Has appellate jurisdiction over cases decided by the MTCC, MTC, METC, and MCTC. Metropolitan Trial Courts (METC) Municipal Trial Courts in the towns and cities in the Metropolitan Manila Area as distinguished from the other political subdivisions in the Philippines.
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Has jurisdiction over violation of city or municipal ordinances offenses. Has jurisdiction over offenses punishable by imprisonment not exceeding 6 years.

Municipal Trial Courts Every municipality in the Philippines has its own Municipal Trial Court. Covers only one municipality Has jurisdiction over violation of city or municipal ordinances offenses. Has jurisdiction over offenses punishable by imprisonment not exceeding 6 years. Municipal Trial Courts in Cities (MTCC) In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts.

Has jurisdiction over violation of city or municipal ordinances offenses. Has jurisdiction over offenses punishable by imprisonment not exceeding 6 years.

Municipal Circuit Trial Courts (MCTC) A municipal trial court which covers two or more municipalities. Has jurisdiction over violation of city or municipal ordinances offenses. Has jurisdiction over offenses punishable by imprisonment not exceeding 6 years. B. Special Courts Sandiganbayan Established under Presidential Decree No. 1606 Its rank is equivalent to the Court of Appeals and Court of Tax Appeals. Composed of Presiding Justice and 14 Associate Justices. Tasked to handle criminal cases involving graft and corruption and other offenses committed by high ranking public officers and employees in connection with the performance of their functions. Has original exclusive jurisdiction over public officers accused of committing crimes in relation to their official and whose salary grade is 27 above. Has appellate jurisdiction over final judgments, resolutions or orders of the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below salary grade 27.

Court of Tax Appeals Was created under Republic Act No. 1125, as amended by Republic Act No. 9282. Its rank is equivalent to the Court of Appeals and Sandiganbayan. Composed of Presiding Justice ad 5 Associate Justices. May sit en banc or in two divisions, each division consisting of 3 justices. It acquired both the original and appellate jurisdictions over civil and criminal tax cases involving the National Internal Revenue Code, Tariff and Customs Code and the Local Government Assessment Code. Sharia Courts Created pursuant to Presidential Decree 1083, otherwise known as the Code of Muslim Personal Laws of the Philippines. Courts of limited jurisdiction. Sharia District Courts are presided by District Judges Sharia Circuit Courts are presided by Circuit Judges. There are 5 Sharia District Courts and 51 Sharia Circuit Courts. Has exclusive jurisdiction over cases that pertain to family rights and duties as well as contractual relations of Filipino Muslims. Decisions of the Sharia District Courts are final.

Court Proceedings / Stages during Trial 1. Arraignment 2. Pre trial 3. Trial 4. Judgment 5. Appeal First Stage: Arraignment The reading of the criminal complaint or information to the defendant, by the judge or clerk of court, and the delivering to him a copy thereof, including a list of witnesses, asking him whether he pleads guilty or not guilty as charged. The stage where the accused is formally informed of the charges against him by reading before him the information or criminal complaint and asking him whether he pleads guilty or not guilty as charged. Four fold duties of the Court during Arraignment To inform the accused that he has the right to have his own counsel before being arraigned. The court must ask the accused whether he desires the aid of counsel. If he so desires to procure the services of counsel, the court must grant him reasonable time to do so; If he so desires to have counsel but is unable to employ one, the court must assign counsel de officio to defend him. Second Stage: Pre Trial a conference called by the judge that requires the presence of both the prosecution and the accused before the beginning of trial.

The following are to be taken up during the conference: a. Plea bargaining b. Stipulation of facts c. Marking for identification of evidence of the parties. d. Waiver of objections to admissibility of evidence. e. Modification of the order of trial if the accused admits the charge but interposes a lawful defense. f. Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

Third Stage: Trial

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The examination before a competent tribunal, according to the laws of the land, of the facts put in issue in a cause, for the purpose of determining such issue.

Fourth Stage: Judgment The adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability. Fifth: Appeal
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The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of documents which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed for.

An appeal must be within 15 days from promulgation of judgment, the period for perfecting an appeal.

Where to Appeal The appeal may be taken as follows: a. To the Regional Trial Court, in cases decided by the MeTC, MTCC, MTC, and MTCC
b. To the Court of Appeals or to the Supreme Court in the proper cases

provided by law, in cases decided by the Regional Trial Court. c. To the Supreme Court, in cases decided by the Court of Appeals.