The 5 Pillars of Criminal Justice System.pptx

Law, Justice, Arrest

1. The 5 Pillars of Criminal Justice System Public Attorney’s Office PAO- Bucay DO

2. What is Criminal Justice? A chain of events, activities, tasks, or functions that constitute the official response to perceived problems of law and order, which includes the following: Crime prevention and crime reduction The arrest and prosecution of suspects The hearing of criminal cases by the courts Sentencing, administration and enforcement of court orders Parole and other forms of license for prisoners; and Work with the offenders and ex-offenders in prison or in the community

3. What is Criminal Justice System (CJS)? The system of courts, including the barangay justice system, the informal justice system implemented through practice particularly by indigenous communities, and the quasi-judicial bodies empowered by law to perform adjudicatory functions; The systems for law enforcement and prosecution, which involve investigating, apprehending and prosecuting those who could not be deterred from violating the law and the rules of the society;

4. What is Criminal Justice System (CJS)? The system of corrections and rehabilitation or the means of rehabilitating offenders and returning them to the community as law-abiding citizens; and The community which collectively imposes limitations on individual behavior of citizens for the common good of civilized and democratic society that deters criminality and criminal behavior

5. What is Criminal Justice System (CJS)? The system of the court The system of law enforcement The system of prosecution The system of correction and rehabilitation The community

6. What is the vision of CJS? To provide the public an effective system or process in the community by which crimes are investigated , and the persons suspected thereof are taken in custody, prosecuted in court and punished if found guilty, with provision being made for their correction and rehabilitation , and to provide the people the ability to seek and obtain a remedy through formal or informal institutions and in conformity with human rights standards.

7. What are the 5 pillars of CJS? CJS Law Enforcement Prosecution Courts Correction Community Each of the 5 pillars plays a vital role in the administration of justice and, as such, their interplay and cooperation is most necessary for the proper functioning of a CJS.

8. Who constitutes the law enforcement pillar? PNP NBI PDEA AMLC AFP Other related agencies

9. What is the work of the law enforcement pillar? Prevention and control of crimes Enforcement of laws and effecting arrest of offenders Conduct of lawful searches and seizures Gather necessary evidence so that a complaint may be filed at the prosecution’s office

10. The Law Enforcement Pillar The forefront of the CJS Identified as the first point of contact with the community They directly deal with the citizens and are exposed directly to the criminal elements This pillar initiates the CJS machinery upon arresting a person believed to be a suspect

11. Who constitutes the prosecution pillar ? NPS of the DOJ OBM PAO

12. What is the work of the prosecution pillar? While the focus of this pillar is the speedy disposition of cases, its principal task is the investigation of criminal complaints emanating from the community and the law enforcement agencies, and bringing these complaints to their successful prosecution in the judicial system The prosecution pillar conducts preliminary investigation of cases filed in the prosecutor’s office and prosecutes cases filed in the court against alleged offenders after probable cause is established.

13. Who constitutes the courts pillar? Highest Court Intermediate Courts Second Level Courts First Level Court Highest Court Court of Appeals Sandigan b ayan Court of Tax Appeals Reginal Trial Courts Shari’a District Courts MeTC MTCC MTC MCTC Shari’a Circuit Courts

14. What is the work of the courts pillar ? Adjudicates cases and renders judgment in accordance with the Rule of Law and without sacrificing the quality of justice. Interestingly enough, the overall performance of the CJS may be determined by the performance of the courts pillar Because the litigation process brings all factors – witnesses, evidence and determination of probable cause – performance of the courts therefore would serve to synthesize to a large extent the overall performance of the criminal justice system

15. Who constitutes the corrections pillar ? BUCOR BJMP DILG – provincial and sub-provincial jails PNP – District, City and Municipal Jail Board and Pardons and Parole Parole and Probation Administration

16. 2 Classifications of Correction Pillar Institution-based Correction Community-based Correction Prisons and jails which house prisoners serving terms of imprisonment, under detention status, and those for safekeeping in selected cases Pertain to probation and parole

17. Probation and Parole Administration (PPA) PPA conduct a post-sentence investigation of petitioners for probation as referred by the courts, as well as pre-parole/pre-executive clemency investigation for those referred by the Board of Pardons and Parole, to determine the suitability of the offender to be reintegrated in the community instead of serving their sentence inside an institution or prison. PPA further supervises probations, parolees, and conditional pardonees to promote their rehabilitation and reintegration to the mainstream society.

18. Who constitutes the community pillar? DSWD CHR NCIP PAO Barangays Civic Organizations NGO

19. What is the work of the community pillar? Members of the community pillar are regarded to be both duty holders and claimholders in the administration of justice As duty holders, they have the responsibility to assist law enforcement and the courts in solving crime by providing information, by community participation in crime prevention and creating a culture of peace, and By supporting the mobilization of resources for peace and order

20. What is the work of the community pillar? Members of the community pillar are regarded to be both duty holders and claimholders in the administration of justice As claimholders, they are the beneficiaries of the justice system and they play critical roles in holding system duty holders accountable The community as a subsystem of the whole cyclical process is the most critical and useful components of the CJS considering its massive and pervasive composition.

21. Two Main Responsive Roles of Community Pillar The Crime Prevention Victim Prevention

22. Crime Prevention The community pillar collectively imposes limitations on individual behavior of citizens that deter criminality and criminal behavior for the common good of civilized and democratic society

23. Victim Prevention In relation to the second, it has been recommended that communities must disseminate more information regarding the roles and functions of the other components of the CJS, as well as broaden its own, in order to responsively contribute to victimization prevention

24. Interrelation and Cooperation Between and Among the Pillars of CJS

25. Nature of the 5 pillars Given that the pillars operate in just one system, the efficiency and effectiveness of one can easily be hampered by the inefficiency and incompetence of the other , notwithstanding the fact that they function separately. This is because no pillar can operate in isolation for the performance of each impacts on the other . The system is a step-by-step process, where many of the roles are “independent, interconnecting and overlapping .”

26. Therefore, in order for the system to operate smoothly, cooperation, coordination and concerted efforts of the pillars, namely the police, the prosecutors, the judiciary as well as the correctional services are necessary.

27. Success of the CJS Acknowledging that each pillar depends on the other, it cannot be stressed enough that for the Philippine CJS to be effective, coordination between and among the different pillars must be strengthened .

28. Warrantless Arrest PAO- Bucay District Office

29. What is an arrest? Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (Section 1, Rule 113 of the Rules of Court)

30. How is it made? An arrest is made by: An actual restrain of a person to be arrested, or By his submission to the custody of the person making the arrest. (Section 2, Rule 113 of the Rules of Court) NB: However, jurisprudence instructs that there need not be an actual restraint for curtailment of liberty to be characterized as arrest

31. Milado was carrying bricks of marijuana in his backpack aboard a jeepney , on the way to Bontoc , Mountain Province. Acting upon an information that there was a person transporting marijuana in the jeepney , the police officers set up a checkpoint. In the checkpoint, the police identified Milado and told him to stay inside the jeepney and instructed the driver to drive them to the police station. Three police officers invited Milado to the police station and ordered him to open his bag where they discovered the bricks of marijuana. Q: Was there an arrest?

32. Although no “formal arrest” had yet been made, it is clear that the appellant had already been deprived of his liberty and taken into custody after the policemen told him to stay inside the jeepney and instructed the driver to drive them to the police station. The term “invited” may have been used by the police, but it was obviously a command coming from three law enforcers who appellant could hardly be expected to defy. [ People v. Melado , 462 Phil 411 (2003)]

33. When the accused is in an environment made hostile by the presence and actuations of law enforcers where it can be reasonably inferred that they had no choice except to willingly go with them, then there is an arrest.

34. Homar was jaywalking when the police accosted him and directed him where to properly cross the street. However, they noticed that Bomar was uneasy , so they searched him, and found in his possession a sachet of shabu . Q: Is there a valid search incidental to a valid arrest

35. Neither the application of actual force, manual touching of the body, or physical restraint, nor a formal declaration of arrest is required . It is enough that there be an intention on the part of one of the parties to arrest the other, and that there be an intent on the part of the other to submit, under the belief and impression that submission is necessary. The shabu confiscated from the accused was inadmissible as evidence when the police officer who flagged him for traffic violation had no intent to arrest him. Due to the lack of intent to arrest, the subsequent search was unlawful. [ Homar v. People, 768 Phil. 195 (2015)]

36. Intent to arrest by the arresting person or officer, whether through actual restrain or other means, must also be clearly established

37. Method of Valid Arrest By virtue of a warrant Warrantless Arrest

38. Constitutional protection against unlawful arrest No person shall be deprived of life, liberty , or property without due process of law, nor shall any person be denied the equal protection of the laws. (Section 1, Article III of the Constitution) …no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge… (Section 2, Article III of the Constitution)

39. What is the purpose of the safeguard against warrantless arrest? The constitutional provision against warrantless arrest is a safeguard against wanton and unreasonable invasion of the privacy and liberty of a citizen as to his persons, papers and effects. The right of a person to be secure against an unreasonable seizure of his body and any deprivation of his liberty is a most basic and fundamental one.

40. What is the purpose of the safeguard against warrantless arrest? A statute, or rule, or situation which allows exception to the requirement of a warrant of arrest or search warrant must be strictly construed. We cannot liberally consider arrests or seizures without warrant or extend their application beyond the cases specially provided or allowed by law. To do so would infringe upon personal liberty and set back a basic right so often violated and yet, so deserving of full protection and vindication. (People v. Lambijon , et. al. GR No. 89543, November 13, 1992)

41. As a general rule, no one can be arrested without a valid warrant, which is likewise true in search and seizure. Exception: Valid Warrantless Arrest – Section 5, Rule 113 of the Rules of Court

42. Section 5, Rule 113 of the Rules of Court A peace officer or a private person may, without a warrant, arrest a person: When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

43. Valid Warrantless Arrest In flagrante delicto arrest (Section 5(a), Rule 113 of the Rules of Court) Hot pursuit (Section 5(b), Rule 113 of the Rules of Court ) Re-arrest of escaped prisoners (Section 5(c), Rule 113 of the Rules of Court)

44. In Flagrante Delicto Arrest Overt Act Test The person to be arrested must execute an overt act indicating that he/she has just committed, is actually committing, or is attempting to commit a crime; and Such overt act is done in the presence or within the view of the arresting officer

45. The radio operator at the Ocampo Police Station received a telephone call from a concerned citizen regarding a suspicious person with something bulging in his body. Said person is a back passenger in a blue 2004 Honda motorcycle. This report constrained P/Insp Villamer to send a team to verify the report. In a checkpoint, SPO4 Pequiras saw Marvin as a passenger in a blue 2004 Honda motorcycle and he perfectly fits the description on the phone call they received. As a result he arrested Marvin and bodily searched him that led to the discovery of a firearm. Q: was there a valid arrest.

46. An in flagrante delicto arrest requires the concurrence of two elements: The person arrested must execute an overt act indicating that he or she has just committed, is actually committing or is attempting to commit a crime; and The overt act was done in the presence or within the view of the arresting officer Upon careful review of the records of this case, the Court hold that Marvin was not validly arrested without a warrant. The prosecution failed to establish any overt act which would lead to Marvin’s in flagrante delicto arrest

47. It was not established that Marvin had a firearm visibly tucked in his waist, or that he behaved in a manner which would elicit a reasonable suspicion that he committed an offense In this case, petitioner’s arrest could not be justified as in flagrante delicto arrest under Rule 113, Section 5(a) of the Rules of Court. He was not committing a crime at the checkpoint. Petitioner was merely a passenger who did not exhibit any unusual conduct in the presence of the law enforcers that would incite suspicion. In effecting the warrantless arrest, the police officers relied solely on the tip they received.

48. Reliable information alone is insufficient to support a warrantless arrest absent any overt act from the person arrested indicating that a crime has just been committed, was being committed, or is about to be committed. A hearsay tip by itself does not justify a warrantless arrest. Law enforcers must have personal knowledge of facts, based on their observation, that the person sought to be arrested has just committed a crime. ( Porteria v. People, GR No. 233777, March 20, 2019)

49. Domingo Macad hailed the same bus that PO1 Falolo was riding on the way to Bontoc , Mountain Province. He then threw his carton baggage to PO1 Falolo who was then seated on the roof and was toting a Sagada woven bag as well. Immediately, PO1 Falolo smelled the distinct scent of marijuana emanating from the carton baggage and notice its irregular shape. He also noticed that the Sagada woven bag of petitioner was rectangular instead of an oval and, upon touching it, he noticed that it was hard. At that time PO1 Falolo was not in uniform. Q: Is Domingo Macad in flagrante committing the crime of transporting dangerous drug? Can PO1 Falolo effect an arrest?

50. At that moment, PO1 Falolo acquired probable cause to conduct a warrantless arrest on petitioner. There were numerous circumstances and overt acts which show that PO1 Falolo had probable cause to effect the said warrantless arrest: The smell of marijuana emanating from the carton baggage The irregular shape of the baggage; and The hardness of the baggage

51. What is probable cause? A valid warrantless arrest which justifies a subsequent search is one that is carried out under the parameters of Section 5(a), Rule 113 of the Rules of Court, which requires that the apprehending officer must have been spurred by probable cause to arrest a person caught in flagrante delicto. The term probable cause has been understood to mean a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man’s belief that the person accused is guilty of the offense with which he is charged.

52. With respect to arrest, it is 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 be arrested

53. Hot Pursuit There must be a probable cause The crime has been committed The person making the warrantless arrest has personal knowledge of facts or circumstances that the person to be arrested has committed it

54. What do we mean by facts or circumstances? Circumstances may pertain to events or actions within the actual perception, personal evaluation or observation of the police officer at the scene of the crime. Thus, even though the police officer has not seen someone actually fleeing, he could still make a warrantless arrest if, based on his personal evaluation of the circumstances at the scene of the crime, he could determine the existence of probable cause that the person sought to be arrested has committed the crime

55. While PO2 Torculas was patrolling along the national highway, he noticed two (2) men aboard a motorcycle with the bike rider holding a lady bag which appeared to have been taken from a vehicle parked on the side of the road. When PO2 Torculas shouted at the two men to halt, the latter speed away, At this point, the owner od the vehicle, Dambase , approached PO2 Tarculas and told him that the petitioner broke the window of her vehicle and took her belongings. This prompted PO2 Tarculas to request for a back-up while he chased the two men. The chase lead to the arrest of the two men. Q: Was there a valid warrantless arrest.

56. The sudden flight of the two men upon being flagged by a police officer, coupled with Dombase’s narration of what had just transpired is enough to provide PO2 Torculas with personal knowledge of facts indicating that a crime had just been committed and that the two men are the perpetrator thereof.

57. The clincher in the element of “personal knowledge of facts or circumstances” is the required element of immediacy within which these facts or circumstances should be gathered. This required time element acts as a safeguard to ensure that the police officers have gathered the facts or perceived the circumstances within a very limited time frame. This guarantees that the police officers would have no time to base their probable cause finding on facts or circumstances obtained after an exhaustive investigation.

58. With the element of immediacy imposed under Section 5(b), Rule 113 of the Revised Rules of Criminal Procedure, the police officer’s determination of probable cause would necessarily be limited to raw or uncontaminated facts or circumstances, gathered as they were within the very limited period of time.

59. Around 9:30 in the evening of March 15, 2007, PO3 Din personally witnessed a robbery incident while he was waiting for his turn to have a haircut at Jonas Borces Beauty Parlor. After his brief shootout with the armed robbers, the latter fled using a motorcycle and a red Toyota Corolla. Through an investigation and verification made by the police officers heraded by Po3 Din and S/Insp. Ylanan , they were able to: (a) find out that the armed robbers were staying in Barangay Del Rio Pit- os ; and (b) trace the gataway vehicle to Manago . The next day, or on March 16, 2007, the police officers set up a checkpoint in Sitio Panagdait where, at around 9:30 in the evening, the red Toyota Corolla being driven by Manago passed by and was intercepted by the police officers. The police officers then ordered Manago to disembark the car, and from there, proceeded to search the vehicle and the body of Manago , which search yielded the plastic sachet containing shabu . Thereupon, they effected Manago’s arrest. Q: Was there a valid arrest?

60. While the element of personal knowledge under Section 5(b) was present-given that PO3 Din actually saw the March 15, 2007 robbery incident and even engaged the armed robbers in a shootout – the required element of immediacy was not met. This is because, at the time the police officers effected the warrantless arrest upon Manago’s person, investigation and verification proceeding were already conducted, which consequently yielded sufficient information on the suspect of the March 15, 2007 robbery incident.