CRIMINAL JUSTICE

SYSTEM
INTRODUCTION
Criminal Justice System is the practices and
institutions of government directed at upholding
social control, deterring and mitigating crime and
sanctioning those who violates laws with criminal
penalties and rehabilitation efforts.

Since this a community pillar activity, it is

significant to share the prevailing notions that guide
the thinking of the people regarding the workings of
CJS.
LEARNING GOAL
This lesson aims to inform the participants how
the component of CJS works separately and
independently, this will enhance the understanding
of the students on the different pillars of the criminal
justice system as well as its function. It includes the
different advantages and detrimental issues
encompassing the system, its challenges to be
encountered for better understanding. Likewise, this
will induce awareness to the participants their role
as police officers in crime prevention and in
preparing people who are in conflict with law to be a
good and productive citizen when they return to the
community.
TRAINING OBJECTIVES

At the end of the session participants will be able

to;
1.Define the CJS
2.Know the major components of the CJS
3.Functions of the components of the CJS
4.How does the CJS Operate
5.What is Citizen's Arrest
6.What can you do to help in the CJS
7.Agencies and Offices comprising the Philippine
CJS.
8.To know the issues and challenges
What is criminal justice
system?
 The CRIMINAL JUSTICE SYSTEM (CJS) is the
machinery which society uses in the prevention and
control of crime. The process is the totality of the activity
or activities of the law enforcer, prosecutor, defense
lawyers, judges and correctional personnel, as well as
those of the mobilized community in the CRIME
PREVENTION and CONTROL.

 Other used to define it as “An orderly progression of

events from the time person is arrested or taken out of
the community, investigated, prosecuted, sentenced,
punished and eventually returned in the community.
 MAJOR COMPONENTS OF CJS
 Basically, the criminal justice system in the American context is
made up of three (3) key components:
 Police
 Court
 Correctional
 On the other hand, the Five Pillars of criminal justice system in the
Philippine setting are composed of:
 Police
 Prosecution
 Court
 Correctional
 Community
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PILLARS
OF THE
CRIMINAL JUSTICE SYSTEM

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LAW ENFORCEMENT
BRIEF HISTORY, CREATION
AND DEVELOPMENT OF
THE POLICE IN THE
PHILIPPINES
 JANUARY 21, 1901 – The department of public
instruction was created. This DPI becomes the
basis for the United States to create the Western
Police District (WPD)to police the Manila.

 July 31, 1901 – Act No. 183 was passed. This

act is the law that created the WPD. The first
chief of police for Western Police District is
CAPT. GEORGE EASTMAN CURREY.
 March 20, 1917 – The Revised Administrative
Code of the Philippines was approved. Under
Sec. 2275, Book III, Title IX provide for the
creation of policemen in any city or municipality
thru the approval of Provincial Governor if a
town is infested with:
 Outlaw
 Lawbreakers; and;
 Suspicious looking characters.
{No service of the military was allowed for this
purpose.}
 January 2, 1942 – WPD was captured and re-
named METROPOLITAN CONSTABULARY by
the Japanese Imperial Army.
 1944 – The Philippines was liberated. All police
forces were again under the leadership of COL.
MARCUS ELLIS JONES.
 RA 541 – A law that created to Improved the
Police Service by the Congress.
 RA 4864 – The Police Act 1966
 Proclamation 1081 – Martial Law
 PD 765 – The Integrated National Police (INP)
Law
 RA 6975 – The Philippine National Police (PNP)
Law
 RA 8551 – The PNP Reorganization and Reform
Law
 RA 9708 – Embodies further amendments to RA
6975 and RA 8551
 THE POLICE AS FIRST PILLAR OF CJS

 Prevention of crimes;
 Enforcement of laws, Decrees and
Ordinances
 Protection of life and property from criminal
attack
 Preservation of peace and order
 Safeguarding the rights of other
Agencies and Offices Comprising the Philippine
CJS “ Law Enforcement”
•Philippine National Police (PNP)
•National Bureau of Investigation (NBI)
Other Agencies which enforce special Laws such as:
•Presidential Anti-Crime Commission (PACC)
•Bureau of Internal Revenue (BIR)
•Land Transportation Office (LTO)
•Bureau of Customs (BOC)
•Food and Drug Administration (FDA)
•Philippine Coast Guard (PCG)
•Philippine Aviation Security Command (PASC)
•Marine Industry Authority (MARINA)
•Bureau of Fish and Aquatic Resources (BFAR)
•Air Transportation Office (ATO)
•Other regulatory bodies with law enforcement functions
 5
PILLARS
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CRIMINAL JUSTICE SYSTEM

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PROSECUTION
THE PROSECUTION PILLAR

 Within the Philippines context, the

prosecutor (formerly known as fiscal)
occupies a unique position in the CJS.
Serving as the lawyer of the
state/government in criminal cases, the
prosecutor is automatically considered an
officer of the court: and at the same time,
the prosecutor is formally a member of
the Department of Justice, under the
Executive branch of Government, and
thus, independent from JUDICIARY nor
COURT PILLAR.
Agencies and Offices Comprising the Philippine
CJS “ Prosecution”

•National Prosecution service (NPS-DOJ)

•Office of the Special Prosecutor (OSP)
•Office of the Ombudsman
•Judge Advocate General’s Office (JAGO)
 5
PILLARS
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CRIMINAL JUSTICE SYSTEM

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THE COURT PILLAR

 Situated between the prosecution and

correction, the court is the CENTERPIECE of
the CJS. As such, the court performs,
perhaps the most important role in the
administration of the criminal justice because:
 It is the court that anyone turns for justice;
 It is responsible for applying criminal law
against the offender who commits crime,
at time protecting the law violators from
the violations of their rights by criminal
justice agents.
 Judicially, as the third pillar of CJS, the court is
looked upon as:
 The final arbiter for justice;
 The front line defender of democracy ,
freedom and human dignity;
 The only institution capable of identifying and
maintaining the proper balance between
conflicting rights of individual and of the state
& society.
Agencies and Offices Comprising the Philippine
CJS “ Court”

•Supreme Court
•Court of Appeals
•Sandiganbayan
•Regional Trial Court
•Metropolitan Trial Court
•Municipal Circuit Trial court
•Court of tax Appeals
 5
PILLARS
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CRIMINAL JUSTICE SYSTEM

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CORRECTION
CORRECTION PILLAR
 The fourth pillar takes over once the accused, after
having been found guilty, is meted out the penalty for the
crime he committed. He can apply for probation or he
could turn over to non-institutional correction agency or
facility for custodial treatment and rehabilitation. The
offender could avail of the benefits of parole or executive
clemency once he has the minimum period of sentence.

 When the penalty is imprisonment, the sentence is

carried out either in municipal/city, provincial, or national
penitentiary depending on the length of the sentence
meted out.
PURPOSE OF CORRECTIONS

 PUNISHMENT
 DETERRENCE
 ISOLATION
 REHABILITATION
 REINTEGRATION
TYPES OF CORRECTIONS

 CONTEMPORARY CORRECTIONS
 Bureau of Jail Management and Penology (BJMP)
For prisoners whose sentence are (1) day to (6) months
 Provincial Jail – For prisoners whose sentence are more than
six (6) months but not more than (3) years.
 National Prison (NEW BILIBID PRISON or NBP) under the
Bureau of Corrections (BUCOR) – for those prisoners whose
sentence are more than three (3) years and above. This includes
executions of all prisoners sentenced to death.
COMMUNITY BASED- CORRECTIONS

 This is more known as Non- Institutional

type of correction. This type of correction
is being carried out by virtue of the
following laws:
 PD 603 (The Child and Youth Welfare
Code)
 PD 968 (The Adult Probation Law)

Note: The above two Laws pertains to

suspension of sentence for minor and
adult offenders.
Agencies and Offices Comprising the Philippine
CJS “ Correction”

•Bureau of corrections (BUCOR)

•Parole and Probation administration (PPA)
•Board of pardons and Parole (BPP)
•Bureau of Jail Management and Penology(BJMP)
•Provincial Rehabilitation Center (PRC-DILG)
•City/Municipal Rehabilitation Center (C/MRC-
BJMP)
•Regional Youth Rehabilitation Center (RYRC-
DSWD)
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PILLARS
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CRIMINAL JUSTICE SYSTEM

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COMMUNITY
 The fifth pillar has a two-fold role. First, it has
the responsibility to participate in law
Enforcement activities by being partners of the
peace Officers in reporting the crime incident, and
helping in the arrest of the offender. Second, it
has the responsibility to participate in the
promotion of peace and order through crime
prevention or deterrence and in the rehabilitation
of convicts and their reintegration to society.
 After convicts have passed through the
Correction Component - either unconditionally
(as by full service of the term of imprisonment
imposed on them), or by parole, or by pardon -
they revert to the COMMUNITY and either lead
normal lives as law-abiding citizen in their
barangays or regrettably commit other crimes
and thus go back through the same stages of
the Criminal Justice System.
Participation of the COMMUNITY in CJS

Under the Philippine concept of a participative

criminal justice system in the Philippine, public and
private agencies as well as individual citizens,
become part of the CJS when they participate as
actively involve with issues and activities related to
CRIME PREVENTION.
Thus, citizen-based crime prevention groups
become part of the CJS within the framework of
their involvement in crime prevention activities and
in the reintegration of convict who shall be
released from correction pillar into mainstream of
society.
 THE CITIZEN’S ARREST
Arrest may be effected WITH or WITHOUT WARRANT.
Warrant less arrest may be effected by peace officers as
well as private individual in any of the following
circumstances:
•When in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
•When an offence has in fact just been committed, and
he has personal knowledge of facts indicating that the
person to be arrested has committed it; &
•When the person to be arrested is a prisoner who has
escaped from a penal institution or is temporarily
confined during the pendency of the case, or has
escaped while being transferred from one confinement
facility to another
 AGENCIES THAT COMPRICES
THE COMMUNITY PILLAR
•Department of Social Welfare and Development
(DSWD)
•National Economic Development Authority (NEDA)
•Bureau of Local Government Supervision (BLGS- DILG)
•Philippine Public Safety College (PPSC)
•Philippine Information Agency (PIA)
•Dangerous Drug Board (DDB)
•Non-Government Organizations (NGO’s)
•People’s Organization (PO’s)
•Other government agencies, institutions and programs
whose principal function are geared toward the
promotion of socio-economic welfare.
 Law Enforcement (Issues and Challenges)
Issues Solution Challenges
 Police force  There may be
recruitment external
1.How to enhance
should be done interference in
the professional
on merit basis. Police recruitment.
competence of the
 In-service  Lack of funds for
Police force in
Training should Human Resources
relation to CJS
be regularly Development.
provided.
 Law Enforcement (Issues and Challenges)

Issues Solution Challenges

 There should be
adequate
budget provided
2. How to to the Police
augment the more
 Budget Limitation
resources of the particularly for
 Lack of Political will
Police force in the operation of
relation to CJS? the Police
station.
 Law Enforcement (Issues and Challenges)

Issues Solution Challenges

A sense of  Lack of social
social responsibility
responsibility among the Police
3. How to bridge needs to be force
the gap between inculcated  There is
the Police and within the Police estrangement
Community in force between the Police
relation to CJS? and the
Community.
 Law Enforcement (Issues and Challenges)

Issues Solution Challenges

 Minimize  There may be
Political use of undue influence
4. How to Police and from the local
minimize external external executive branch
interference in the influence on on Police
operation of the Police operation.
Police in relation operations.
to CJS?
Agencies and Offices Comprising the Philippine CJS “
Community”

•Department of Social Welfare and Development (DSWD)

•National Economic Development Authority (NEDA)
•Bureau of Local Government Supervision (BLGS-DILG)
•Philippine Public Safety College (PPSC)
•Philippine Information Agency (PIA)
•Dangerous Drugs Board (DDB)
•Public Assistance Reaction Against Crime (PARAC)
•Non-government Organizations (NGOs)
•People’s Organizations (PO’s)
•Other government offices, institutions and programs whose
principal functions
are geared toward the promotion of socioeconomic welfare.
Does the Philippines
has the best criminal
justice system as
compared to other
countries?
QUESTION???