Introduction to Philippine Criminal

Justice System
By: Mohamad Samer Mamasalagat, RCrim., MPA, MSCJ, Ph.D

COURSE NUMBER : CLJ 1

COURSE TITLE : INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE

COURSE DESCRIPTION :

The study of the five pillars of criminal justice in the Philippines – law

enforcement, the prosecution, the courts, the corrections and the community.

It also covers their respective functional relationships as well as individual roles

in the administration of the justice system in the solution of crimes.

LEARNING OUTCOMES:

At the end of this course, the student shall be able to:

1. Understand the concept of the criminal justice system and human

rights process.
2. Apply effective judicial process of law enforcement procedures and
public safety.
3. Discuss the concept of human rights, victim and the process of criminal
justice system
4. Apply efficient knowledge in law enforcement administration, public
safety.
5. Internalize the concepts of human rights and victim welfare.
6. Exhibit a helping and caring attitude toward victims of terrorism, cyber-
crimes and local and international trafficking;
7. Be able to familiarize with the different pillars of criminal justice system
as defined by the Philippine Laws.
 Introduction to Philippine Criminal
Justice System
Module 1
(Week 1)
CHAPTER I
Lesson 1 INTRODUCTION
(WEEK 1)

Notion of Justice

Justice is a social norm providing guidance for people in their dealings

with one another; as a standard against which actions are evaluated; and as
a prescription for requirement that people act justly. The criminal justice system
is intended to deal with crime. It is expected to do so by applying the law and
producing results that approximate justice. Indeed, justice is the primary output
of the system and the bottom line of the process.

Succinctly, the Philippine Constitution says “the State shall promote social
justice in all phases of national development and values the dignity of every
human person and guarantees full respect for human rights (Article II, Sections
10 and 11). Furthermore, the Constitution mandated for the Congress to give
highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and
political power for the common good. (Article XIII, Section 14)

The Supreme Court has once defined social justice as the humanization
of laws and the equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be
approximated. Social justice means the promotion of the welfare of all the
people, the adoption by the government of measures calculated to ensure
economic stability of all the component elements of society under the time-
honored principle of salus populi est suprema lex (the voice of the people is the
supreme law) (Calalang vs. Williams). In another case of Guido vs. Rural
Progress Administration, the high court delineate social justice as the equality
of opportunity, equality of political rights, equality before the laws, equality
between values given and received and equitable sharing of the social and
material goods pursuant to the principle those with less in life must have more
in law.
 On the other hand, the new civil code also provides “every person must,
in the exercise of his rights and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good faith.” (Article 19)

Law as Instrument of Justice

Law is a major input to the criminal justice system. Law is society’s primary
instrument for making known what acts are crimes and what sanctions may be
applied to those who commit acts defined as crimes. As Roman Law describe
it “Nullum Crimen Nulla Poena Sine Lege” or there is no crime if there is no law
punishing it. While the Bill of Rights under the Constitution provides that 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.

Sanchez Roman defined law a rule of conduct, just, obligatory,

promulgated by legitimate authority and of common observance and benefit.
It is applied in the legal principle “dura lex sed lex” which means the law may
be harshed but that is the law.

Classification of Law

1. Natural Law –promulgated impliedly in our conscience and body.

2. Positive Law- promulgated expressly or directly.
Example:
a. Divine Positive Law-e.g. the 10 Commandments
b. Human Positive Law- e.g. enacted by Congress

Human Positive Law- is a reasonable rule of action, expressly or directly

promulgated by competent human authority for the common good and
usually, but not necessarily, imposing a sanction in case of disobedience.
(Paras, 2002)

General Classification of Human Positive Law

1. Substantive Law- is that part of the law which creates rights concerning
life, liberty or property or the powers of instrumentalities for the
administration of public affairs. (Primicias vs. Ocampo)

Examples of Substantive Law

a. Commonwealth Act (CA)- promulgated during Commonwealth Period
b. Batas Pambansa (BP) – promulgated during Parliamentary Form of
Government
c. Presidential Decree (PD)- promulgated during Martial Law Period
d. Executive Order (EO)- promulgated during Freedom Government
e. Republic Act (RA)- promulgated after the Independence up to the
present period
 2. Procedural Law- refers to the adjective laws which prescribe rules and
forms of procedure in order that courts may be able to administer justice
(Lopez vs. Gloria)

Examples of Procedural Law

a. Rules of Court
b. Katarungang Pambarangay System
c. Alternative Dispute Resolution

Specific Types of Human Positive Law

1. Civil Law is that branch of the law that generally treats of the personal
and family relations of an individual, his property and successional rights
and the effects of his obligations and contracts. (Paras, 2002)

Examples of Civil Law:

a. Republic Act 386 (Civil Code of the Philippines)
b. PD 1083 (The Muslim Code)
c. Executive Order No. 209 (Family code of the Philippines)

2. Criminal Law- is that branch or division of law which defines crimes,

treats of their nature and provides for their punishment. (Reyes, 2008)

Sources of Criminal Law

a. Act No. 3815 (The Revised Penal Code)
b. Special Penal Laws passed by Congress- e.g. RA 9165
(Comprehensive Dangerous Drugs Act)
c. Penal Presidential Decrees- e.g. PD 1612 (Anti-fencing Law)

3. Remedial Law- is that branch of law which provides for the jurisdiction of
courts and the rules concerning pleading, practice and procedure
before the courts.

Examples of Remedial Law

a. BP 129 (as amended) – The Judiciary Reorganization Act

b. Revised Rules on Criminal Procedure
c. Rules on Evidence

Criminal Procedure- refers to the method fixed by law for the apprehension
and prosecution of a person who is suspected to have committed a crime and
for his punishment in case of conviction. (Atty. Gabao, 2013)
Characteristics of Law in the Philippines

Republic Act 386 otherwise known as the New Civil Code the following
characteristics of law:

1. Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such publication. (Article 2)

2. Ignorance of the law excuses no one from compliance therewith. (Article

3)

3. Laws shall have no retroactive effect, unless the contrary is provided.

(Article 4)
4. Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself authorizes their validity. (Article
5)

5. Rights may be waived, unless the waiver is contrary to law, public order,
public policy, morals, or good customs, or prejudicial to a third person
with a right recognized by law. (Article 6)

6. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.

When the courts declared a law to be inconsistent with the

Constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid
only when they are not contrary to the laws or the Constitution. (Article
7)

7. Judicial decisions applying or interpreting the laws or the Constitution

shall form a part of the legal system of the Philippines. (Article 8)

8. No judge or court shall decline to render judgment by reason of the

silence, obscurity or insufficiency of the laws. (Article 9)

9. In case of doubt in the interpretation or application of laws, it is presumed

that the lawmaking body intended right and justice to prevail. (Article
10)

10. Customs which are contrary to law, public order or public policy shall not
be countenanced. (Article 11)
 11. A custom must be proved as a fact, according to the rules of evidence.
(Article 12)
12. When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty-five days each; months,
of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed

by the number of days which they respectively have. In computing a
period, the first day shall be excluded, and the last day included. (Article
13)

13. Penal laws and those of public security and safety shall be obligatory
upon all who live or sojourn in the Philippine territory, subject to the
principles of public international law and to treaty stipulations. (Article 14)

14. Laws relating to family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines,
even though living abroad. (Article 15)

Concept of Philippine Criminal Justice System

Criminal Justice System or simply CJS is the system in the community

charged with direct responsibility for prevention, reduction and control of
crime. It is widely look upon as the conglomeration of government agencies
involved in the law enforcement, prosecution, defense, adjudication,
punishment and rehabilitation of all the means to enforce those standards of
conduct, which are deemed necessary to protect individual and to maintain
general community well-being.

As a system, the Criminal Justice System is the machinery which society

uses in the prevention of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and correction personnel, as
well as those efforts of the mobilized community in crime prevention and
control.

According to Tradio, 1996, the Philippine Criminal Justice System is the

sum total of instrumentation which a society uses in the prevention and control
of crime and juvenile delinquency. Its operation includes but is not limited to:

1. Preventing the commission of crime;

2. Enforcing the law;
3. Protecting the life, individual rights and properties;
4. Removing dangerous persons from the community;
5. Deterring people from indulging to criminal activities;
 6. Investigating, apprehending, prosecuting, and imposing penalty
upon those who cannot be deterred from violating the laws of the
land; and
7. Rehabilitating the offenders and returning them to the main stream of
the community.

In its inception, the system has four separates, formally organized

namely: police, prosecution, courts and corrections. However, in view of the
important role of society in achieving the system’s ideals and objectives, the
community has been included and considered as the fifth component of the
entire criminal justice system.

Legal Principles or Maxims Regarding Crime

1. “Nullum crimen nulla poena sine lege" - There is no crime where no law is
punishing it.
2. "Actus non facit reum, nisi mens rea"- A crime is not committed if the mind of
the person performing the act complained be innocent.
3. "Actus me invito factus, non est meus actus"- An act done by me against my
will is not my act. (Atty. Gabao, 2013)

Concept of Crime

Crime is a voluntary and intentional violation by a legally competent

person of a legal duty that commands or prohibits an act for the protection of
society. (Atty. Gabao, 2013)

Crime is an act committed or omitted in violation of a public law

forbidding or commanding it. (Reyes, 2013)

Criminal Law

Criminal law is defined as that branch of public law, which defines

crimes, treats of their nature, and provides for their punishment.

Basic Principles of Criminal Law

1. "Presumption of Innocence" this means that those who are accused of

crimes are considered innocent until proven guilty. Thus, the accused is entitled
to all the rights of the citizens until the accused’s guilt has been determined by
the court of law or by the accused’s acknowledgment of his guilt that he or
she indeed committed the crime.

2. “The Burden of Proof” which in criminal cases means that the government
must prove beyond reasonable doubt that the suspect committed the crime.
(Atty. Gabao, 2013)
Nomenclatures to the Person under the Criminal Justice System

They are the following:

1. At the police stage, during investigation, he is referred to as the SUSPECT.

2. At the Prosecutor’s office, during the determination of probable cause or
during the Preliminary Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred
to as the ACCUSED.
4. Once the court has determined that the accused is guilty beyond
reasonable doubt as charged and the judgment has been rendered, he is
referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the
sentence when he can really be considered as a CRIMINAL. (Atty. Gabao,
2013)

Philosophical Approaches behind the Criminal Justice System

1. The adversarial approach assumes innocence. The prosecutor representing

the state must prove the guilt of the accused. The adversary approach requires
that the proper procedures are followed- procedures designed to protect the
rights of the accused.

2. The inquisitorial system assumes guilt; the accused must prove that they are
innocent. This is the opposite of the Adversarial approach. The inquisitorial
approach places a greater emphasis on conviction rather than on the process
by which the conviction is secured. (Atty. Gabao, 2013)
Exercise No. 1

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

1. Define Justice and explain its importance in the present society.

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2. Give the meaning of the maxim “Nullum Crimen Nulla Poena Sine Lege” and
expound it.
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3. Differentiate Criminal law from Criminal procedure.
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4. In a nutshell, discuss the Philippine Criminal Justice System.
___________________________________________________________________________
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5. When can you call a person criminal?
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___
Exercise No. 2

Student’s Name:
Year and Section:
Instructor:
Date Submitted:

I. Direction. Encircle the letter of the correct answer.

1. The new civil code provides that every person in the exercise of his rights and in the
performance of his duties must observe the following. The exception is
A. give everyone his due C. observe honesty and good faith
B. act in accordance with the law D. act with justice
2 It is that branch of law which provides for the jurisdiction of courts and the rules
concerning pleading, practice and procedure before the courts.
A. Political Law C. Civil Law
B. Remedial Law D. Criminal Law
3.The State shall promote social justice in all phases of national development and
values the dignity of every human person and guarantees full respect for human rights.
The statement is
A. Wholly true C. Partially False
B. Wholly true D. Partially False
4.It is that part of the law which creates rights concerning life, liberty or property or
the powers of instrumentalities for the administration of public affairs.
A. Substantive Law C. Divine Positive Law
B. Procedural Law D. Human Positive Law
5.It means the humanization of laws and the equalization of social and economic
forces by the State so that justice in its rational and objectively secular conception
may at least be approximated.
A. Justice for All C. Political Justice
B. Justice Delayed Justice Denied D. Social Justice
6.It is that branch of the law that generally treats of the personal and family relations
of an individual, his property and successional rights and the effects of his obligations
and contracts.
A. Political Law C. Civil Law
B. Remedial Law D. Criminal Law
7.Ignorance of the law excuses no one from compliance therewith. The statement is
A. Wholly true C. Partially False
B. Wholly true D. Partially False
8.It is a rule of conduct, just, obligatory, promulgated by legitimate authority and of
common observance and benefit.
A. Social Justice C. Law
B. Political Justice D. Human Positive Law
9.Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in the Philippine territory. The exception is
A. treaty stipulations C. foreigners
B. international comity D. President
10. It is the system in the community charged with direct responsibility for prevention,
reduction and control of crime.
A. Criminal Justice System C. Juvenile Justice and Welfare System
B. Restorative Justice System D. Adult Criminal Justice System