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1. The phILIPPINE CRIMINAL JUSTICE SYSTEM (CJS)

2. CHAPTER 1: THE CONCEPT OF CRIMINAL JUSTICE SYSTEM

3. CRIMINAL JUSTICE SYSTEM (CJS) - defined as the machinery of the state or government, which enforces the rules of conduct necessary to protect life and property and maintain peace and order. THE FIVE PILLARS OF CJS LAW ENFORCEMENT - implements the laws and regulations PROSECUTION – determines probable cause of the crime committed COURTS – place/venue where the trial is held CORRECTIONS – reformation of the inmate COMMUNITY – provides opportunity to the ex-convict The first four are considered as FORMAL CJS. Community is the basic element of the pillar.

4. THE PHILIPPINE CJS SETTINGS THE LAW ENFORCEMENT - particularly the PNP, under the office of the DILG; while the NBI is an agency attached to the DOJ. 2. PROSECUTION - this pillar is under the office of the DOJ - Public Attorneys Office (PAO) also under the DOJ represents the accused/respondent - The prosecution generally considered as the representative of the state in criminal cases 3. COURTS - under the supervision of supreme courts 4. CORRECTION - either under the DOJ and DILG, the BJMP.

5. PRIMARY GOAL OF CJS TO PROTECT THE MEMBERS OF THE SOCIETY - CJS is the formal instrumentality authorized by the people of the nation to protect both their collective and individual well-being. 2. MAINTENANCE OF PEACE AND ORDER - Because crime and disorder disrupt stability in the society, we have given the CJS the authority to act as society’s representative and to serve as the instrument by which the existing order is maintained.

6. SECONDARY GOAL OF CJS 1. Prevention of crime 2. Suppression of criminal conduct by apprehending offenders 3. Review of the legality of our preventive and suppressive measures. 4. Judicial determination of guilt or innocence of those apprehended 5. Proper disposition of those who have been legally found guilty. 6. Correction by socially approved means of the behavior of those who violate the law.

7. PHILOSOPHICAL APPROACHES BEHIND THE CJS ADVERSARIAL APPROACH INQUISITORIAL APPROACH ADVERSARIAL APPROACH - This approach assumes innocence. The prosecutor representing the state must prove the guilt of the accused. This approach requires that the proper procedures are followed-procedures designed to protect the rights of the accused. These concepts are necessary in order to create a system in which the accused has a fair chance against the tremendous powers of the prosecutors and the resources of the state.

8. 2. INQUISITORIAL APPROACH - The accused must prove that they are innocent. This is the opposite of adversarial approach. The inquisitorial approach places a greater emphasis on conviction rather than on the process by which the conviction is secured. ADVERSARIAL APPROACH INQUISITORIAL APPROACH Assumes the accused to innocent Assumes the accused to be guilty The burden(hardship, challenge) is on the prosecutor to prove the guilt of the accused The burden(hardship, challenge) is on the accused to prove in proving his innocence Place emphasis on the process Place emphasis on the conviction of the accused

9. PHILOSOPHICAL APPROACH ADOPTED BY THE PHILIPPINES Our CRIMINAL JUSTICE SYSTEM adopts the ADVERSARIAL APPROACH. This is obvious due to the greater emphasis on the observance of due process and of the litany of rights in our Constitution’s Bill of Rights.

10. THE TWO PRINCIPLES OF LAW THAT MUST BE ADHERED TO IN OUR CJS DUE PROCESS OF LAW EQUAL PROTECTION CLAUSE DUE PROCESS OF LAW - it means that those who are accused of the crimes and those who are processed through the criminal justice system must be given the basic rights guaranteed by the constitution. - it simply means compliance with the requisite NOTICE AND HEARING. - the essence of due process is found in the reasonable opportunity to be heard and submit any evidence one may have in support of one’s defense. - what the law prohibits is not the absence of previous notice but the absolute absence thereof and the lack of opportunity to be heard. - due process refers to observance of the Rules of Court and the Bill of Rights

11. 2. THE EQUAL PROTECTION CLAUSE - Equal protection clause in essence declares that the state may not attempt to create or enforce statutes against a person solely because of specific characteristics such as race, age, or sex. - According to Supreme Court, it must be based on some reasonable classification. CONCEPT OF CRIMINAL DUE PROCESS - Criminal due process requires that the accused be tried by any impartial and competent court in accordance with the procedure prescribed by law and with proper observance of all the rights accorded him under the constitution and applicable statutes.

12. WHO CAN INVOKE HIS RIGHT TO CRIMINAL DUE PROCESS? - any person under investigation of the crime may at all times invoke his right to due process. - the Bill of Rights (including the right to due process) is a litany of weapons, which a person may use in order to resist or defeat any abuse or misuse of governmental power. - The Bill of Rights is foundationally directed against the government.

13. THE TWO MOST POPULAR MODELS OF CJS The Concept of Crime Control Model The Concept of Due Process Model – adopted by the Philippines 1. CRIME CONTROL MODEL - based on the idea that the most important function of the CJS is the repression of criminal conduct. - The model is justified by pointing out that the failure of the police and other agencies of the criminal justice to bring the criminal conduct under control leads to breakdown of the public order and as a result, the disappearance of social stability, which is an important condition of human freedom.

14. 2. DUE PROCCESS MODEL - it has a features of an obstacle course in administering justice - under this model, each of the stage of the criminal justice process from arrest, prosecution, through the courts disposition of the accused, is designed to present formidable impediments(obstacles) to carrying the accused any further along in the process. - the primary considerations of the due process model is to protect the rights of the accused, the individual freedoms and the general consideration of liberty, the basic right of an individual. However, this results to the delay in the administration of justice.

15. JUVENILE JUSTICE SYSTEM (R.A. 9344) - R.A. 9344 also known as “JUVENILE JUSTICE AND WELFARE ACT OF 2006” is a Philippine law that focuses on the rehabilitation and treatment rather than punishment of children-in-conflict with the law. - The law aims to protect the rights of the children-in-conflict with the law, ensuring their well-being and development.

16. WHAT ARE THE CHILDREN-IN-CONFLICT WITH THE LAW? - A child in conflicts with the law refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine law. WHO IS CHILD AT RISK? - A child at risk is one who is vulnerable to and at the risk of committing criminal offense because of personal, family and social circumstances.

17. WHAT IS INTERVENTION? - Intervention refers to a series of activities designed to address issues that caused the child to commit an offense. - It may take the form of an individualized treatment program, which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.

18. WHAT IS THE DIVERSION PROGRAM? - Diversion program refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child-in-conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. DISTINCTION BETWEEN INTERVENTION AND DIVERSION PROGRAM - INTERVENTION are actions aimed at addressing the root causes of criminal behavior often counseling, therapy and rehabilitation; while - DIVERSION PROGRAMS redirects individual away from traditional legal proceedings, offering alternative program such as community service or treatment. Diversion seeks to avoid formal court processing especially first-time minor offender.

19. CRIMINAL JUSTICE - defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses. DIFFERENCE BETWEEN CRIMINAL JUSTICE AND CRIMINOLOGY - Criminology explains the etiology, extent and nature of crime; while Criminal Justice describe, analyze, and explains the operations of the agencies of justice, specifically the police agencies, the prosecution, court and the rest of the pillars of the system in seeking more effective methods of crime control and offender rehabilitation.

20. CRIME - an act or omission punishable by law is the main reason why the criminal justice occurs. - When crime is committed, it disturbs the tranquility and harmony of the society. Such event calls upon the police to initiate police intervention by way of investigation or apprehension of those who violate the law, the prosecutor to prosecute the case; the court to determine the guilt of the accused; and the rest of the system follows as incumbent upon their role in the criminal justice system. - Commission of Crime is the primary reason of the operation of CJS.

21. THINGS THAT CONSTITUTE A CRIME 1. The act must be voluntary 2. It must be intentional 3. It must be committed by a legally competent person 4. The behavior that constitutes crime can be either an act of commission or an act of omission 5. A crime is an act that threatens the welfare of the society and is punishable by judicial proceedings in the name of the state.

22. Perpetrator/Criminal - The STAR of the CJS - The one gives pain and suffering to the victim - A person who has been charged for a crime committed and has been found guilty beyond reasonable doubt - In criminology, criminal refers to a person who had committed a crime Victim - The FORGOTTEN ONE in CJS - The one who recieves pain and suffering.

23. MAXIMS OR LEGAL PRINCIPLE REGARDING A CRIME OR CRIMINAL ACT 1. “ Nullum crimen nulla poena sine lege” - There is no crime if there is no law punishing on it 2. “Actus non facit reum, nisi mens rea” - A crime is not committed if the mind of the person performing the act complained be innocent 3. “Actus me invito factus, non est meus actus” - An act done by me against my will is not my act 4. “mala in se” - (wrong in nature) 5. “mala prohibita” - (wrong it is prohibited by the state)

24. DEPARTMENT OF GOVERNMENT THAT DEFINES AND PUNISHES AN ACT 1. The 1987 Philippine Constitution composed of Upper House or the Senate and the Lower House or the Congress(Representatives), empowers the legislative branch of the government with the power to enact, modify or repeal laws. It is empowered to determine what acts are deemed harmful to our society and punishes such acts in order to suppress them. 2. Local Legislative bodies (Sangunian Panlalawigan, Sangunian Panlungsod, Sangunian Pambayad, Sangunian Pambarangay) are also authorized to enact laws that are criminal or penal in nature and are applicable or enforceable only within their respective territorial jurisdiction.

25. CRIMINAL LAW - Criminal Law is defined as that branch of public law, which defines crimes, treats of their nature, and provides for their punishment TWO CLASSIFICATION OF CRIMINAL LAW: 1. SUBSTANTIVE CRIMINAL LAW - defines the elements that are necessary for an act to constitute a crime and therefore punishable. 2. PROCEDURAL CRIMINAL LAW - refers to statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law.

26. Our System of justice operates on two basic key principles of criminal law in administration of the CJS: 1. PRESUMPTION OF INNOCENCE - This means that those who are accused of crimes are considered innocent until proven guilty. - the accused is entitled to all rights of the citizens until the accused’s guilt has been determined by the court of law. 2. BURDEN OF PROOF -In Criminal cases, the government must prove the guilt of the accused beyond reasonale doubt. - an accused is entitled for acquital until proven guilty.

27. THE CONCEPT OF JUSTICE JUSTICE - is a moral and philosophical concept encompassing fairness, equity, and the impartial treatment of individuals based on principles of righteousness and equality. - It involves upholding the rule of law, ensuring that all members of society receive their due rights and entitlements. - equal, just and fairness

28. FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED ABSOLUTELY: 1. The absolute ability to identify the law violator 2. The absolute ability to apprehend law violator 3. The absolute ability to punish law violator 4. The absolute ability to identify the intent of the law violator - the hardest to identify

29. FOUR TYPES OF MISTAKES THAT HAPPEN IN ADMINISTERING JUSTICE 1. The innocent is punished 2. The guilty escapes the punishment 3. The guilty are punished more severely than necessary 4. The guilty are punished less severely than necessary

30. TWO-FOLD ROLE OF JUSTICE 1. The prevention of certain activity that is harmful to society; 2. The apprehension and the formal processing of individuals who have committed illegal acts.

31. CHAPTER 2: THE FIRST PILLAR: LAW ENFORCEMENT

32. LAW ENFORCEMENT - Law enforcement in the Philippine criminal justice system refers to the various agencies and personnel responsible for maintaining public order, preventing and investigating crimes, and enforcing laws in the Philippines. - It is considered as the “INITIATOR” , “PRIME MOVER” , and “BACKBONE OF THE CJS”. - Some of the function of Law Enforcement are: 1. Effecting an arrest 2. Surveillance 3. Crime investigation

33. GENERAL FUNCTIONS OF THE LAW ENFORCEMENT 1. TO PREVENT CRIMINAL BEHAVIOR - eliminating the cause of crime by removing the opportunity 2. TO REDUCE CRIME - crime reduction for criminal behavior 3. TO APPREHEND AND ARREST OFFENDERS - includes crime investigation and gathering of evidences that could withstand the scrutiny of the court 4. TO PROTECT THE LIFE AND PROPERTY - essentially the purpose of PNP 5. TO REGULATE NON-CRIMINAL CONDUCT - involves community service and maintenance of order

34. THE PHILIPPINE NATIONAL POLICE (PNP) - Pursuant to the provision of the Constitution, PNP is mandated to maintain police force which are “NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER” - PNP was established by R.A. 6975 known as the DILG ACT OF 1990. - R.A. 8551entitled “THE PHILIPPINE NATIONAL POLICE REFORM ACT OF 1998”, reorganized the PNP. Under this Law, PNP become a community and service oriented agency responsible for the maintenance of peace and public safety. - PNP is under the office of the DILG, but they are supervised and controlled by the NATIONAL POLICE COMMISSION (NAPOLCOM R.A. 4864)

35. THE GENERAL POWERS OF R.A. 6975, DILG ACT OF 1990 Basically, these are the powers categorized into four: 1. Order Maintenance - peace and order 2. Community Service - interrelationship/engagement with the community 3. Law Enforcement - implementation of laws and regulation 4. Neighborhood Policing/Team Policing/Community Policing - joint-forces or cooperation with other agencies

36. PNP and NBI as the primary law enforcement agency both have their own mandates in the implementation of their respective law enforcement functions. Both are tasked to implement the law, apprehend, search and seizure to prevent, fight and suppress criminality.

37. CRIME DETECTION - Crime detection refers to the process of identifying, uncovering, and investigating criminal activities to establish evidence and determine the individuals responsible for committing offenses. It is a crucial aspect of law enforcement and the criminal justice system. Crime detection involves various methods, technologies, and investigative techniques to gather information, analyze evidence, and solve criminal cases.

38. HOW CRIME IS DETECTED? 1. The most typical way that crimes come to the attention of the police is for the victim to report its occurence to the police. 2. A less typical way for the police to be advised of the crime is through the reporting of someone who has witnessed its commission or has come upon evidence indicating that a crime has been committed. 3. The police themselves, through their proactive routine operations discover that a crime has been committed or witnessed its commission.

39. BUY-BUST OPERTION - a form of entrapment conducted by police officers in order to catch the law violator . INSTIGATION - basically induced a person to commit a crime