3. Copyrighted Material.
Philippine Criminal Justice System
First Edition
Philippine Copyright, 2013
By: ChapterHouse Publishing Incorporated
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TABLE OF CONTENTS
DEDICATION V
PREFACE VII
CHAPTER I
INTRODUCTION TO CRIMINAL JUSTICE:
Basic Terminologies, Principles
1
and Philosophical Approaches
A. Criminology and Criminal Justice Differentiated
1
B. Crime and the Criminal Justice System
3
C. Criminal Law and the Criminal Justice System
9
D. Criminal in relation to the
Criminal Justice System 12
15
E. The Concepts of Justice
F. The Criminal Justice System
18
G. Philosophical Approaches behind the
Criminal Justice System 22
25
H. Criminal Justice System Models
Juvenile Justice System (R.A. 9344)
29
CHAPTER II
LAW ENFORCEMENT:
The First Pillar in the Administration
of the Criminal Justice System (CJS)
35
A. The Philippine National Police (PNP)
38
B. Powers and Functions of the PNP
39
C. Crime Detection 44
46
D. Arrest and Search Warrant
E. Patrol 50
F. Criminal Investigation 51
G. Crime Prevention 53
H. Police image in the Administration of the
Criminal Justice System 53
I. Police Discretion in relation to the
54
Administration of the Criminal Justice System
CHAPTER III
PROSECUTION:
The Second Pillar of the Criminal Justice System
59
A. Prosecutor’s Role 61
B. Preliminary Investigation 62
C. Persons authorized to conduct
Preliminary Investigations 65
D. Prosecutor’s Discretion 67
E. Bail 70
IV
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TABLE OF CONTENTS
CHAPTER IV
COURT:
The Third Pillar of the Criminal Justice System
75
A. Jurisdiction 77
B. Judges; their qualifications
82
83
C. Courts’s Exercise of Discretion
D. Motion to quash 84
E. Arraignment 85
F. Pre-trial 86
G. Trial 87
H. Judgment 89
I. Appeal 91
CHAPTER V
CORRECTIONS:
95
The Fourth Pillar of the Criminal Justice System
A. Purposes of Corrections 96
B. Alternatives to confinement or community-based corrections 104
C. Jails 105
107
D. Jails in relation to the Criminal Justice System
E. Types of jails 107
108
F. Classifications of prisoners
G. Community-Based Corrections 108
CHAPTER VI
COMMUNITY:
The Fifth Pillar of the Criminal Justice System
113
APPENDICES
Appendix A -REPUBLIC ACT NO. 10592
Appendix B -THE RULE ON THE WRIT OF AMPARO
Appendix C -REPUBLIC ACT NO. 9344
Appendix D -THE RULE ON THE WRIT OF HABEAS DATA
123
127
131
171
V
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INTRODUCTION TO CRIMINAL JUSTICE
CHAPTER I
INTRODUCTION TO CRIMINAL JUSTICE:
Basic Terminologies, Principles and
Philosophical Approaches
A.
Criminology and Criminal Justice Differentiated
What Is Criminal Justice?
Siegel and Senna states that “criminal justice may
be viewed or 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”.1
Notice that in this definition, the American Criminal
Justice System’s main focus is on enforcement, adjudication
and correction.
In the American Criminal Justice System, there
are only three (3) pillars: (1) Law Enforcement, (2) the
Courts, and (3) the Corrections. In contrast, the Philippine
Criminal Justice System has five (5) pillars; namely, (1) Law
Enforcement, (2) Prosecution, (3) Courts, (4) Corrections,
(5) Community.
1
Siegel, Larry and Senna, Joseph. Essentials of Criminal Justice. United States
of America: Thomson Wadsworth, 2007. page 4.
1
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PHILIPPINE CRIMINAL JUSTICE SYSTEM
In general, a Criminal Justice System (CJS)
involves a number of government agencies that ensures
the protection of the public, the maintenance of order, the
enforcement of the law, the identification of transgressors,
the prosecution of the accused and the conviction of
the guilty, and the correction and treatment of criminal
behavior.
What Is Criminology?
Sutherand, Cressey and Luckenbill define criminology
as “the body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of making
laws, of breaking laws, and of reacting toward the breaking of
laws”.2 They further note that Criminology has three interrelated
divisions; these are:
i. The Sociology of Criminal Law which systematically
analyzes the conditions under which penal laws
develop and explains as well the procedures used in
police agencies and courts. This first division focuses
on ‘lawmaking’.
ii. The Sociology of Crime and the Social Psychology of
Criminal Behavior which examines economic, social
and political conditions that generates or prevents the
commission of crimes. This second division focuses on
‘law-breaking’.
iii. The Sociology of Punishment and Correction that
systematically analyzes the procedures and policies
that aims to control crimes. This third division focuses
on ‘society’s reaction to law-breaking’.
What is the Difference between Criminal Justice and
Criminology?
(a) While Criminology explains the etiology, extent, and nature
of the crime in society; Criminal Justice studies the agencies
of social control that handles criminal offenders.
(b) While Criminologists are concerned with identifying the
nature, extent and causes of crime;
2
Sutherland, Edwin, Cressey, Donald and Luckenbill, David. Principles of
Criminology (11th Edition). United States of America: General Hall, 1992. page 3.
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INTRODUCTION TO CRIMINAL JUSTICE
Criminal Justice scholars engage in describing, analyzing,
and explaining the operations of the agencies of justice,
specifically the police agencies, the prosecution, the
courts and the rest of the pillars of the system in seeking
more effective methods of crime control and offender
rehabilitation.3
Is there an overlapping area of concern between criminal
justice experts and criminologists?
Yes, Criminal Justice experts cannot begin to design
effective programs of crime prevention of rehabilitation without
understanding the nature and causes of crime. They require
accurate criminal statistics and data to test the effectiveness of
crime control and prevention programs.4 It is in this aspect that
Criminal Justice and Criminology have overlapping concerns.
B.
Crime and the Criminal Justice System
What is the event that calls for the operation of the
Criminal Justice System? Why?
Crime is the event that calls for the operation of the
criminal justice system.
When a 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 violated 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 process.
Enumerate some of the legal principles or maxims regarding
a crime or a criminal act.
(a) Nullum crimen nulla poena sine lege” That is - There is no
crime where no law is punishing it.
(b) The maxim is, “actus non facit reum, nisi mens rea”- A crime
is not committed if the mind of the person performing the
act complained be innocent.
(c) The maxim is “Actus me invito factus, non est meus actus”An act done by me against my will is not my act.
3
Siegel and Senna, page 12.
4
Ibid. page 14.
3
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PHILIPPINE CRIMINAL JUSTICE SYSTEM
(d) Crimes are either mala en se and mala prohibita. The first
set of crimes refer to those that are naturally criminal
on moral grounds while the second set of crimes pertain
to those acts that have been criminalized for regulatory
purposes. Murder is an example of a mala en se while
the Illegal Possession of Firearms and Ammunition is an
example of mala prohibita.
In the Philippines, what department of the government defines
and punishes an act?
A. Under the 1987 Philippine Constitution, the Legislative
branch of the government or Congress, which is composed
of the Upper House or the Senate and the Lower House or
the House of Representatives, is entrusted with the power to
enact, modify or repeal laws.5 It is empowered to determine
what acts are deemed harmful to our society and punishes
such acts in order to suppress them.
B. Our local legislative bodies (Sanggunian Panlalawigan,
Sanggunian
Panlungsod,
Sanggunian
Pambayan,
Sanggunian 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; thus, can only be prosecuted locally.
What is crime in the criminological sense?
A crime is a violation of societal rules of behavior as
interpreted and expressed by a criminal legal code created
by people holding social and political power. Individuals
who violate these rules are subject to sanctions by state
authority, social stigma, and lose of status.
This definition combines the consensus position
that the criminal law defines crimes with the conflict
perspective’s emphasis on political power and control and
the interactionist concept of stigma. Thus, crime as defined
here is a political, social, and economic function of modern
life.6
5
Art. VI, Sec. 1, Philippine Constitution.
6
Ibid, p. 18: Under the Consensus view, the law defines the crime and
laws apply to all equally; Under the Conflict view, the law is the tool of the ruling
class, crime is a politically defined concept and used to control the underclass; while in
the Interactionist view, moral entrepreneurs define crime. Crimes are illegal because
society defines them that way, and criminal labels are life transforming events.
