INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

ACCESS TO JUSTICE

"Access to justice" is Access by people, in particular from poor and disadvantaged groups, to fair, effective and accountable mechanisms for the protection of rights, control of abuse of power and resolution of conflicts. This includes the ability of people to seek and obtain a remedy through formal and informal justice systems, and the ability to seek and exercise influence on law-making and law-implementing processes and institutions.

AMICABLE SETTLEMENT

Amicable settlement is a process where parties to a dispute or a lawsuit find ways to resolve their differences in a friendly and non-contentious way.

To achieve an amicable settlement, the parties need to be willing to make concessions for the sake of reaching an agreement.

ARBITRATION

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

ASSOCIATE EVIDENCE

Any evidence that can link a person to the scene is referred to as associative evidence. This may include items such as fingerprints, blood and bodily fluids, weapons, hair, fibers and the like. This type of evidence answers the question "Who did this?"

AT LARGE

At Large refers to the status of an individual, usually a suspect in a criminal matter, who is still free and has not been apprehended (e.g., the rapist is still At Large).

BARANGAY JUSTICE SYSTEM

The Katarungang Pambarangay or Barangay Justice System is a community-based dispute settlement mechanism that is administered by the basic political unit of the country, the barangay. As a community-based mechanism for dispute resolution, it covers disputes between members of the same city/municipality and involves the Punong Barangay or Lupon members as intermediaries, either as mediators, concilators, or arbitrators.

BOARD OF PARDONS AND PAROLE

The Board of Pardons and Parole (BPP) was created under Act 4103, as amended, on December 5, 1933 to implement the provisions of the Act, which provides for the indeterminate sentence and parole for all persons convicted by the courts of certain crimes.

BUKANG LIWAYWAY

Bureau of Corrections' Minimum-Security Camp that houses minimum security prisoners.

BUREAU OF CORRECTIONS

The Bureau of Corrections (BuCor) is charged with custody and rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more than three (3) years.

BUREAU OF CUSTOMS (BOC)

Under the auspices of the Department of Finance (DOF), is mandated to implement an effective revenue collection, prevent and suppress smuggling and entry of prohibited imported goods, supervise and control over the entrance and clearance of vessels and aircrafts engaged in foreign commerce and all other laws, rules and regulations related to tariff and customs administration.

BUREAU OF IMMIGRATION AND

DEPORTATION (BID)

Mandated by Philippine Immigration Act of 1940, as amended, to control and regulate the entry and stay of aliens to the country. It also serves as the country's gateway to the international community as well as the buffer point in controlling the entry of unscrupulous aliens in the country.

BUREAU OF JAIL MANAGEMENT

AND PENOLOGY

The Bureau of Jail Management and Penology was created on January 2, 1991 pursuant to Republic Act 6975, replacing its forerunner, the Jail Management and Penology Service of the defunct Philippine Constabulary Integrated National Police. The BJMP exercises administrative and operational jurisdiction over all district, city and municipal jails. It is a line bureau of the Department of the Interior and

Local Government (DILG).

CAPACITY

The United Nation Development Programme defines "capacity" as the "ability to solve problems, perform functions, and set and achieve objectives.'

CASE LAW

Case law is law that is based on judicial decisions

rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case.

CITIZEN'S ARREST

A citizen's arrest is an arrest made by a private citizen (that is, a person who is not acting as a sworn law) enforcement official.

A citizen's arrest may be made if a person knows that another individual is about to commit, is committing, or has just committed a crime, and authorities are not immediately available to arrest them.

CIVIL LAW

Civil law is the part of a country's set of laws which is concerned with the private affairs of citizens, for example, marriage and property ownership, rather than with crime.

COMMON LAW

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts.

COMMUNITY

A common definition of community emerged as a group of people with diverse characteristics who are linked by social ties, share common perspectives, and engage in joint action in geographical locations or settings.

COMMUNITY BASE CORRECTION

Community-based corrections provides correctional supervision and services in a community setting as an alternative to jail or prison.

COMMUNITY PILLAR

The fifth pillar in the Philippine

Criminal Justice System.

This pillar has 2-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.

CORRECTION

Correction refers to the reorientation or re-instruction of the criminal offender in order to prevent him/her from repeating his deviant or delinquent actions. In correcting the deviant behavior of the offender, the process does not consider the necessity of taking punitive actions.

CORRECTION PILLAR

The fourth pillar of the Criminal Justice System is the corrections pillar. It takes over once the accused, after having been found guilty, is meted out the penalty for the crime he committed. The punishment may be in the form of isolation of the convicts by imprisonment for the periods laid down by the courts, or in extreme cases, their execution by the method prescribed by law. When the penalty is imprisonment, the sentence is carried out either in the municipal/city jails, the provincial jail or national penitentiary depending on the length of the sentence meted out.

COURT PILLAR

The third pillar of the Criminal Justice System is the courts pillar. It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the accused. It is also in the courts that the accused is given his "day" to disprove the accusation against him.

COURT OF APPEALS

The Court of Appeals was created on December 3, 1935 by virtue of Commonwealth Act No. 3 and formally organized on February 1, 1936. Its principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final except when appealed to the Supreme Court on questions of law. It also exercises original jurisdiction on the issuance of writs of mandamus, prohibition, injunction, certiorari, habeas corpus and all other writs whether or not in aid of its appellate jurisdiction.

COURT OF TAX APPEAL

The Court of Tax Appeals was created under Republic Act No. 1125. It is a special court of limited jurisdiction.

Republic Act No. 9282 expanded the jurisdiction of the Court of Tax Appeals, elevating its rank to the level of a collegiate court with special jurisdiction and enlarging its membership. The Court of Tax Appeals (CTA) is now of the same level as the Court of Appeals, possessing all the inherent powers of a Court of Justice, and shall consist of a Presiding Justice and five (5) Associate Justices. The incumbent Presiding Judge and Associate Judges shall continue in office and bear the new titles of Presiding Justice and Associate Justices,

COURTS

Court, also called court of law, a person or body of persons having judicial authority to hear and resolve disputes in civil, criminal,ecclesiastical, or military cases. The word court, which originally meant simply an enclosed place, also denotes the chamber, hall, building, or other place where judicial proceedings are held.

CRIME CONTROL MODEL

The crime control model focuses on having an efficient system, with the most important function being to

suppress and control crime to ensure that society is safe and there is public order. Under this model, controlling crime is more important to individual freedom. This model is a more conservative perspective. In order to protect society and make sure individuals feel free from the threat of crime, the crime control model would advocate for swift and severe punishment for offenders.

CRIMINAL ETIOLOGY

It studies the causes of crime.

CRIMINAL INVESTIGATION

A criminal investigation refers to the process of collecting information (or evidence) about a crime in order to:

1. determine if a crime has been committed;

2. identify the perpetrator;

3. apprehend the and perpetrator;

4. provide evidence to support a conviction in court.

CRIMINAL JUSTICE SYSTEM

The Criminal justice system is the machinery which Philippine society uses in the prevention and control of crimes. It operates by:

1.Preventing the commission of crimes;

2.Enforcing the law;

3.Protecting life, individual rights and property;

4.Removing dangerous persons from the community;

5.Deterring people from indulging in criminal activities;

6.Investigating, apprehending, prosecuting and sentencing those who cannot be deterred from

violating the rules of society;

7. Rehabilitating offenders and returning them to the

community as law-abiding citizens

Rehabilitating offenders and returning them to the

community as law-abiding citizens In international practice, the criminal justice system consists of four pillars, namely; law enforcement, prosecution, courts and corrections. Other authors speak only of three pillars; law enforcement, courts and corrections - because prosecution is merged with courts. While international standards vary between three to four pillars, the Philippine Criminal Justice System is based on five pillars, namely: law enforcement, prosecution, courts, corrections, and the community.