CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Basis of the Criminal Justice System

Criminal Law is the basis that takes place in the Criminal Justice System.
Only violations of Criminal Law are being considered and processed in the Criminal
Justice System. Where no violation of Criminal Law or where no commission of the crime, in
general, Criminal Justice as a process will not operate.

CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their
punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW

A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
B. PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the
Substantive Criminal Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE

CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES
A. First is the “presumption of innocence”. This means that those who are accused of
crimes are considered innocent until proven guilty. 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.
B. The second principle is “the burden of proof” which in criminal cases means that the
government must prove beyond “reasonable doubt” that the suspect committed the
crime.

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused shall be
presumed innocent until proven guilty.
CONCEPT OF PROOF BEYOND REASONABLE DOUBT
In order to make sure that only those who are guilty of the crime as punished, our Rules
on Evidence provides that the evidence, in order to be sufficient to convict an accused for a
criminal act, proof beyond reasonable doubt is necessary. Unless his guilt is shown beyond
reasonable doubt, he is entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty. Moral certainty is only required, or that degree
of proof which produces conviction in an unprejudiced mind.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

CRIMINAL may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from the time he or
she committed the crime regardless whether or not it has been reported to the Police for
investigation.
2. In legal sense, a person may be considered a criminal only upon undergoing the judicial
process and upon determination by the Court that he or she is guilty beyond reasonable
doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the
process and went through all the pillars of the Criminal Justice System

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING

PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors 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 judgement 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.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF

ABSOLUTELY
1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO

ADMINISTER JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community
The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections

PHILIPPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the
Department of the Interior and Local Government (DILG); while the National Bureau of
Investigation is an agency attached to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional
body independent from even the three major and co-equal branch of the government;
3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and
Special Criminal Courts, are under the Supervision and control of Supreme Courts.
Although, judges of the Municipal Trial Courts, Municipal Circuit Trial Courts, at times
are tasked to perform executive functions when they are conducting Preliminary
Investigation which is primarily an Executive function.
4. The Correctional Institutions are either under the DOJ or DILG.
- The Bureau of Prison or the National Penitentiary is under the DOJ;
- By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP) is in
charge of the City or Municipal Jails while the Provincial government is in charge of the
Provincial jails. Both are under the DILG.

PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM

1. Primary goals
a. Maintenance of peace and order
b. Protect members of the society
2. Secondary goals or sub-goals
a. Prevention of crime
b. The review of the legality of preventive and suppressive measures.
c. The judicial determination of guilt or innocent of those apprehended.
d. The proper disposition of those who have been legally found guilty.
e. The correction by socially approved means of the behavior of those who violate
the criminal law.
f. The suppression of criminal conduct by apprehending offenders for whom
prevention is ineffective.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTICE SYSTEM

1. The Adversarial Approach
The adversarial approach assumes innocence. The prosecutor representing the State
must prove the guilt. The adversary approach requires that the proper procedures are
followed, procedures designed to protect the rights of the accused.
The adversary system embodies the basic concept of equal protection and due process.
These concepts are necessary in order to create a system in which the accused has a
fair chance against the tremendous powers of the prosecutors and the resources of the
State.
2. The Inquisitorial approach:
The inquisitorial system assumes guilt; the accused must prove that they are innocent.
The inquisitorial approach places a greater emphasis on conviction rather than on the
process by which the conviction is secured.

The philosophy adopted in our Criminal Justice System is the Adversarial Approach.

CONCEPT OF DUE PROCESS OF LAW

The concept of due process means that those who are accused of the crimes and those
who are processed through the Criminal Justice System must be given the basic rights
guaranteed by the Constitution.
Criminal due process requires that the accused be tried by an impartial and competent
court in accordance with the procedure prescribed by law and with proper observance of
all the rights accorded to him under the Constitution and applicable statute.
CONCEPT OF EQUAL PROTECTION
The equal protection clause in essence declares that the state may not attempt to create
or enforce statutes against a person solely because of specific characteristics such as
race, age or sex