CJS-copy-3-4
Page 1: Introduction
Title: Philippine Criminal Justice System
Author: Maldito
Page 2: Criminal Justice System Defined
Definition: Machinery of the state enforcing rules necessary to protect life, liberty, property, and maintain peace.
Components of the Philippine Criminal Justice System:
Law Enforcement
Prosecution
Courts
Correction
Community
Page 3: Comparison with United States Criminal Justice System
Components of the U.S. Criminal Justice System:
Law Enforcement
Courts
Correction
Page 4: Purpose of the Criminal Justice System
Goals:
Maintenance of peace and order
Protect members of society
Stages of the Criminal Justice Process:
ARREST (Law Enforcement)
CHARGING (Prosecution)
ADJUDICATION (Court)
SENTENCING (Court)
CORRECTION (Correction)
Page 5: The Symbolism of Lady Justice
Lady Justice represents:
IMPARTIALITY
The Blindfold symbolizes devotion to objective truth.
The Scales signify weighing both sides of a case.
The Sword represents the power of justice.
Page 6: Law Enforcement Pillar Overview
Historical background of police perception:
Rooted in ancient military bodies like the Praetorian Guard.
Responsibilities:
Maintaining public order
Preventing and detecting crime.
Page 7: Old Concept of Policing in the Philippines
Old Perception: Police are viewed as suppressive.
Competence is judged by arrest numbers, focusing on detention.
Page 8: Modern Concept of Policing in the U.S.
Modern View: Efficiency measured by reduced crime rates.
Centralized organization in the Philippines versus decentralized U.S. system (Home Rule Theory).
Page 9: Brief Historical Background of Philippine Police Force
Overview of the evolution of the police force in the Philippines from earlier times.
Page 10: Police during Spanish Period
Key Organizations:
Carabineros de Seguridad Publica (1712): Mounted police for enforcing regulations.
Guardrilleros/Cuardillo (1836): Rural police body assembled from provincial males.
Page 11: Guardia Civil
Establishment: Created in 1852 to relieve Spanish troops from policing duties.
Consisted of Filipino policemen in provincial capitals.
Page 12: Police during American Period
Major Developments:
Metropolitan Police Force of Manila (1901)
Insular Constabulary Act (1901)
Manila Police Department Act (1901).
Page 13: Renaming of Insular Constabulary
Act No. 255 (1901): Renamed to Philippine Constabulary.
Page 14: Post-American Period
RA 4864: Police Professionalization Act (1966) established POLCOM, later NAPOLCOM.
Page 15: Martial Law Period
PD 765: Integrated National Police established (1975).
Page 16: Current Police Structure
RA 6975: Established the Philippine National Police (1990) and supported agencies.
Page 17: Police Reform and Reorganization
RA 8551: Enacted reform in PNP (1998).
Page 18: Further Amendments
RA 9708: Adjusted educational qualifications and promotion systems in the PNP.
Page 19: Law Enforcement Pillar Revisited
Reinforces police role in public order, crime prevention, and detection.
Page 20: Police Discretion
Definition: Authority to act according to judgment in certain situations.
Notably, patrol officers hold the least formal authority.
Page 21: Main Law Enforcement Agencies in the Philippines
Key Organizations:
Philippine National Police (PNP)
National Bureau of Investigation (NBI)
Philippine Drug Enforcement Agency (PDEA).
Page 22: Additional Law Enforcement Agencies
Other Agencies:
Bureau of Internal Revenue
Bureau of Immigration
Land Transportation Office
Bureau of Customs
Bureau of Food and Drug Administration
Philippine Coast Guard
Philippine Aviation Security Command.
Page 23: More Agencies
Further Agencies:
Maritime Industry Authority
Bureau of Forest Development
Bureau of Fish and Aquatic Resources
Air Transportation Office
Department of Environment and Natural Resources
Department of Foreign Affairs.
Page 24: Functions of the Philippine National Police
Key Functions:
Enforce laws protecting life/property.
Maintain peace/order and public safety.
Investigate crimes and facilitate prosecution.
Authority for arrests/searches/seizures.
Page 25: Continued Functions
Additional Functions: 5. Detain suspects as prescribed by law. 6. Inform detainees of constitutional rights. 7. Issue licenses for firearms/explosives. 8. Control/oversee security training and operations. 9. Perform other duties as directed by law.
Page 26: End of Preliminary Coverage
Conclusion of introductory section.
Page 27: The Prosecution Pillar
Unique role of prosecution in the Philippines' criminal justice system:
Prosecutor acts as the government lawyer.
Controls significant aspects of life, liberty, and reputation.
Page 28: Role of Prosecution (Fiscal)
The prosecutor oversees criminal actions initiated by complaint or information.
Page 29: Prosecutorial Discretion
Involves options available to prosecutors:
Filing cases, dismissals for lack of merit, or reducing charges.
Page 30: Systems of Criminal Procedure
Three Types:
Accusatorial system
Inquisitorial system
Mixed system.
Page 31: Accusatorial System
Characteristics:
Initiated by the offended party or public prosecutor.
Rights of the accused for public trial and presence throughout.
Page 32: Inquisitorial System
Features:
Secretive investigation.
Denial of rights to confrontation, counsel, and appeals.
Page 33: Mixed System
Combines aspects of both systems:
Swift preliminary investigation with right to defense and public trial.
Page 34: The Court Pillar
The court's role as the cornerstone of the criminal justice system.
Verdicts in the Philippines rendered by judges; in the U.S., by juries.
Page 35: Jurors’ Role in the U.S.
Jury consists of community members selected randomly; decisions made by majority.
Page 36: Verdict Issues and Appeals
A hung jury leads to a new trial with a new jury.
Both nations prefer final appeals to rest with the Supreme Court.
Page 37: Steps in the Legal Process
Process Overview:
Filling a complaint.
Issuing a warrant.
Arraignment.
Pre-trial conference.
Trial.
Judgement.
Appeal.
Execution of judgement.
Page 38: Research Tasks
Focus on:
Regular Courts
Special Courts
Assignment: Write on one whole sheet of paper.