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:

  1. ARREST (Law Enforcement)

  2. CHARGING (Prosecution)

  3. ADJUDICATION (Court)

  4. SENTENCING (Court)

  5. 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:

  1. Enforce laws protecting life/property.

  2. Maintain peace/order and public safety.

  3. Investigate crimes and facilitate prosecution.

  4. 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:

  1. Filling a complaint.

  2. Issuing a warrant.

  3. Arraignment.

  4. Pre-trial conference.

  5. Trial.

  6. Judgement.

  7. Appeal.

  8. Execution of judgement.

Page 38: Research Tasks

• Focus on:

  • Regular Courts

  • Special Courts

• Assignment: Write on one whole sheet of paper.