CHAPTER 1: HISTORICAL DEVELOPMENT & PRINCIPLES OF CRIMINAL JUSTICE

LESSON 1

CONCEPT OF CRIME & JUSTICE

Lesson Outcomes:

At the end of this lesson, you should be able to:

1. explain what is the relationship between crime and law;

2. identify legal kinds of crimes; and

3. analyze the concepts of crime and justice.

INTRODUCTION

What comes first, The LAW or the CRIME?

Law is that which is laid down, ordained, or established. A rule or method according to which phenomena or

actions coexist or follow each other. (Black's Law Dictionary)

Most of the laws are penal in nature. Penal laws are those acts of the legislature which prohibit certain acts

and establish penalties for their violations; or those that define crimes, treat of their nature, and provide for

their punishment. (Lacson v. Exec. Secretary, G.R. No. 128096, January 1999)

Looking at the definition of penal law above, crime exists because of the law that prohibits it. As the Theory of

Logomacy states, nullum crimen nulla poena sine lege or there is no crime when there is no law punishing it.

Laws are created in response to the conduct of human in the society. The states, as part of their police power,

have a large measure of discretion in creating and defining criminal offenses. (People v. Santiago, 43 Phil. 120,

124) With that note, laws vary from country to country, city to city, municipality to municipality, and barangay

to barangay. Laws are not all the same since they matter on the intent of the lawmaking body; the legislative

branch of the government. Cite a particular law created in the Philippines and try to reason why such law was

created.

CONCEPTS OF CRIME, LAW, AND JUSTICE

repercussions is the separation of powers. They are also considered to be the branches of the government.

These are the following:

1. Legislative branch consists of a Senate and a House of Representatives. Power to create laws lies in this

branch.

2. Executive branch composed of the Office of the President. The President has the power to create

Presidential Decrees during Martial law, Executive orders, Proclamation numbers, and Administrative Orders

that have power and effect of laws.

3. Judicial branch - power to check and balance the constitutionality of the laws created.

Limitation on the power of the lawmaking body to enact penal legislation.

The Bill of Rights of the 1987 Constitution imposes the following limitations:

1. No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22)

2. No person shall be held to answer for a criminal offense without due process of law. (Art. III, Sec. 14 [1])

Ex post facto law makes an act done before the passage of the law and which was innocent when done, and

punishes such an act.

Bill of Attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution of a

legislative act for a judicial determination of guilt.

The scope of the Criminal Justice System is anchored on the violation of laws that are criminal in nature. It

could be a violation of public or municipal law or a special penal laws. The Revised Penal Code (RPC) or Act no.

3815 is considered to be the public or municipal law in the Philippines.

The code is called Revised Penal Code because it was a revision of the old Penal Code of Spanish text. The

revision is intended to incorporate and take into consideration the existing conditions, the special penal laws,

and the rulings laid down by the Supreme Court. The committee that revised the Code was created by

Administrative Order no. 94 of the Department of Justice, dated October 18, 1927, composed of Anacleto

Diaz, as Chairman, Quintin Paredes, Guillermo Guevara, Alex Reyes, and Mariano H. de Joya as members.

The RPC, as enacted by the Philippine Legislature, was approved on December 8, 1930 and took effect on

January 1, 1932.
Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for

their punishment. (12 Cye. 129)

Sources of Philippine Criminal law:

1. The RPC (Act no. 3815) and its amendment;

2. Special Penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature,

National Assembly, the Congress of the Philippines, and the Batasang Pambansa; and

3. Penal Presidential Decrees issued during Martial law.

The following are the characteristics of Criminal law:

1. Generality - that the criminal law is binding to all persons who live or sojourn in the Philippines except as

provided in the treaties and laws of preferential application.

Example of a treaty or treaty stipulation as an exemption is the Visiting Forces Agreement (VPA). Another

exception from the operation of criminal law are the Sovereign and other chiefs of state, ambassadors,

ministers plenipotentiary, ministers residents, and charges d'affaires.

2. Territoriality - that the criminal law punishes crime committed within the Philippine territory with the

exception of Article 2, RPC Book 1.

3. Prospectivity-that the criminal law looks forward. It only punishes acts that are considered crime by virtue

of law.

Exception of prospectivity: Whenever a new statute dealing with crime establishes conditions more lenient

and favorable to the accused, it can be given retroactive effect. Provided that the accused is not a habitual

criminal under Rule 5, Article 62, R.P.C. and when the new law expressly made inapplicable to pending actions

or existing causes of action. (Tavera v. Valdez, 1 Phil. 463, 470-471)

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

Crime can be legally categorized as follows:

1. Offense - is an act or omission punishable by Special Penal Laws;

2. Felony - is an act or omission punishable by Revised Penal Code; and

3. Misdemeanor or Infraction of Laws is an act or omission in violation of City, Municipal, or Barangay

Ordinance.
In ethical aspect, crimes are considered immoral. However, not all acts or omissions in violation of law are

against morality. Crime can be a Mala In se and Mala Prohibita/Prohibitum.

Mala In se is a Latin phrase which means, "wrong or evil." It is considered wrong even if there is no law

prohibiting it. But since the Philippines is a Civil law country, these wrongful acts by nature must be prohibited

under a written law.

Mala prohibita/prohibitum, on the other hand, is not wrong in itself. It's not wrong in nature. It becomes

wrong because of the statute that proscribes it.

To have a better appreciation of the concept of crime, it will be a great help to study the two (2) most

common models of how society perceives which acts are criminal and which are not. These two (2) models are

the Consensus model and the Conflict model.

In Consensus model, society shares common beliefs and customs. They gather together and decide the

common norms to follow. Whoever deviates from the common norm will be considered a criminal. This model

believes that people can have common norms and can follow the shared belief.

The Conflict model, on the other hand, derives its laws from the group holding economic, political, and social

power in a community. These people decide which act is criminal and which act is not. According to this,

people of higher income, status, class, and age have the most impact in the criminal laws and are able to levy

their values than the rest of the community.

Take note of the following:

Act - any bodily movement tending to produce some effect in the external world. (People v. Gonzales, supra)

Omission - failure to do a positive duty which one is bound to do. (Luis B. Reyes, RPC Book 1)

RA 9344 defines Offense as any act or omission whether punishable under special laws or the Revised Penal

Code, as amended.
Felonies are acts and omissions punishable by the RPC. The act is performed or the omission is incurred by

means of dolo or culpa. (People v. Gonzales, G.R. No. 80762, March 19, 1990, 183 SCRA 309, 324).

Felony by means of dolo (deceit) has the following elements:

1. He must have Freedom while doing the act or failing to do the act;

2. He must have Intelligence while doing the act or failing to do the act; and

3. He must have Intent while doing the act or failing to do the act.

Example:

James, upon knowing of the arrival of Cathy, went to the latter's house. He brought with him a firearm and

started to fire the house because he was so angry that Cathy chose to marry another man.

Felony by means of culpa (fault) can be committed if the following requisites are present:

1. He must have Freedom while doing the act or failing to do the act;

2. He must have Intelligence while doing the act or failing to do the act; and

3. He is Imprudent, Negligent, Lacks foresight or skill while doing or failing to do the act.

Example:

Glenda, while driving her car, did not see Manny passing through the pedestrian lane. She thus caused the

injury of Manny through her imprudence or lack of foresight.

Justice is the process or result of using laws to fairly judge and punish crimes and criminals. (Merriam-Webster

Dictionary)

Justice itself is one of the most difficult goals of any justice system. The reason for this is the different

concepts of every individual of what is justice and fairness. However, the state cannot just rely the seeking of

justice to the individual just to satisfy his own thirst. This is so to avoid blood feud. The tool or machinery of

the state to prevent such is the Justice System. This is actually grounded on the concept of justice based on

what the state believes to be just for the general welfare of the people.
 LESSON 2

CRIMINAL AND VICTIM

Lesson Outcomes:

At the end of this lesson, you should be able to understand the relationship of criminal and victim.

Have you been a victim of a crime? Can you recall the said event? Among all, why you?

In the study of Criminology and Human Behavior, the victim's perspective in the commission of the crime has

also been studied. Theory of Victimization deals with the role that the victim plays in the criminal event.

Benjamin Mendelson, the proponent of Victimology Theory, believes that situational factor is a reason of

victimization. The negligence of the person makes him a victim of the criminal situation.

In layman's viewpoint, any person who commits a crime is basically a criminal. However, in the viewpoint of

Criminal Justice System, the following are the terms used in every stage or level of the justice system:

Law Enforcement

i. Persons of interest - if there are several suspicious persons

ii. Suspect - when there is one suspected person left

Prosecution - Respondent

Court - Accused

Correction - Persons deprived of Liberty

Community - Ex-convict/Balik-bayan

Case Scenario

John Doe was killed. Witnesses said that they saw Max, Manny, Rica, and Rose (Persons of Interest) at or

about the same time of the killing of John Doe. Later on, upon investigation, evidence pointed Max (Suspect)

as the one who perpetrated the crime. The aggrieved party filed a complaint against Max (Respondent). Then

the case reached the court, where Max (Accused) was arraigned and the trial began. Max (Convicted) was

found guilty beyond reasonable doubt. He served his sentence in Davao Penal Colony (Person deprived of

Liberty) and he (Balik-bayan) was released after serving sentence.

Victimless Crime
Victimless crime is a crime against the law but that only harms the individual who consented to engage it.

(Sociologydictionary.org) Example to this will be gambling, prostitution, and recreational drug use.
 LESSON 3

EVOLUTION OF LAW

Lesson Outcomes:

At the end of this lesson, you should be able to understand the evolution of law.

Low should be like death, which spares no one

-Montesquieu (1689-1755)

Code of Hammurabi

This is considered as one of the first known bodies of law. It was promulgated by King Hammurabi who ruled

the ancient city of Babylon in around 2000 B.C. The Code of Hammurabi is a set of laws that was engraved on

stone tablets, which were aimed to establish property and other rights. The Code deals with the issues of

theft, ownership, sexual relationships, and interpersonal violence. The Code specifies a variety of corporal

punishment, and even death.

Roman Law

This was derived from the Twelve Tables, which was written in 450 B.C. These Twelve Tables were a collection

of basic rules related to family, religion, and economic life. The tables are based on common and fair practices

generally accepted among early tribes.

The Justinian Code consists of three (3) legal documents: (1) the Institutes; (2) the Digest; (3) and the Code.

The Justinian's code distinguished between two major legal categories: public and private laws.

Public law dealt with the organization of the Roman state, its senate, and governmental offices.

Private law concerned itself with the contracts, personal possessions, legal status of various types of persons,

and injuries to citizens. The civil and criminal law of today was influenced by this Roman Law.

Common Law

It had its origin in the early English society. Common law is a body of early unwritten legal principles created

from social customs, rules, and practices. Common law was legal upon the official declaration that it was the

law of the land by the English King Edward the Confessor in the eleventh century. The authority of common
law was further reinforced by the decision of William the Conqueror to use popular customs as the basis for

judicial action following control over Britain in 1066 A.D.

The Magna Carta (Great Charter)

This was signed on June 15, 1215 by King John of England. The Magna Carta guarantees basic liberties for all

British citizens. One specific provision of Magna Carta, designed originally to prohibit the king from

prosecuting the barons without just cause, was expanded into the concept of "due process of law - a

fundamental cornerstone of modern legal procedure. Magna Carta has then been called "the foundation

stone of our present liberties."

Greek Laws

The Greek Law contributes to the Western thoughts about the law coming from the ideas of great

philosophers, such as Socrates, Plato, and Aristotle. Notions of justice profoundly influences legal reasoning

emerged from these Greek thinkers. The concept of impartiality and common law against constructive law

were regarded as early Greek contributions that remain significant to contemporary society.

Canon Law

Also called ecclesiastical law, Canon Law is the body of laws made by or adopted by ecclesiastical authority in

the 12th and 13th centuries for the government of the Christian organization and its members. The impact of

canon law propagated promptly at the moment the bishop instituted themselves as transitory rulers upon

the downfall of the Roman Empire in the West.

Germanic Law

The law of the Teutonic or Germanic tribes is a family of customary laws. The Germanic tribes verbalized law

tradition comprising of numerous features that could be viewed as democratic even though tribes are linked

with primordial elements of law and the code of boldness.

Philippine Laws

The early Filipinos have different forms of laws. These laws are written and unwritten laws. The written law is

one that is written at a definite time and process constituted or formed by the legislatures. The unwritten law,

on the other hand, is the product of customs, traditions, and social culture of a society. The legal decisions of
unwritten laws are based on the forms of character. It is not classified and written but it controls the behavior

of the people living within that society.

In the early Filipino time, the written laws are formulated by the leader of the tribe known as "datus." They

are responsible for regulating the peace and order of their respective tribes. The two known written codes in

the pre- Spanish era are the Maragtas Code and the Kalantiao Code. These written laws are based on their

practices, customs, and traditions that have been practiced down from one generation to another.

Maragtas Code

It is considered the oldest known written body of laws in the Philippines. It has been said to be written in

1250 A.D. by Datu Sumakwel of Panay.

Kalantiao Code

This Code was said to be the second oldest legal code in the Philippines. It was written in 1433 A.D. by Datu

Kalantiao of Panay.

In pre-Spanish time, the head of the government unit is the datu or rajah, or the sultan or hadji in some

places. The unit is composed of settlements or villages called barangay (named after Malayan word balangay

which means "boat") that consist of more or less 100 families. The datu is also the chief executive, lawgiver,

chief justice, and military head of the unit.

COMPARATIVE CRIMINAL JUSTICE SYSTEM

Lesson Outcomes:

At the end of this lesson, you should be able to understand the different criminal justice systems in selected

countries.

There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of

justice. - Montesquieu

The criminal justice system is a machinery created by the government to deal with the problem or existence

of crime and criminality. It consists of officers, offices, institutions, and process for enforcement of public

order. Comparative criminal justice looks into the different model countries to investigate and evaluate a

national system of justice in terms of the criminal justice process, culture, and institutions.

United States Criminal Justice System

The United States legal system is inquisitorial in nature. The United States Criminal Justice System is composed

of three (3) components: the law enforcement, the courts, and corrections. The law enforcement performs

the arrest of the criminal while the court is in charge of trial and imposition of the penalty if the accused was

thereafter found guilty. After the court, the corrections shall take over the criminal to serve his sentence.

These three components-law enforcement, courts, and corrections-work together for the same goal, which is

to maintain the public order in the community.

Spain Criminal Justice System

Spain has a European Continental legal system, where the act or omission is prosecuted and penalized if it is a

violation of their penal law (nullum crimen sine lege, nulla pena sine lege). The judge shall carry out the

investigative stage of the penal process. The suspect benefits from a system of procedural guarantees.

Hearings are characterized by adversarial procedures, with a public attorney prosecuting on the basis of

findings of the investigating judge.

Singapore Criminal Justice System

The legal system of Singapore is adversarial in nature. The English common law was superimposed on the

existing Malay customary and Muslim laws. The legal system is borrowed heavily from the English laws like the

Singapore Penal Code and Criminal Procedure code.

China Criminal Justice System

The legal system of the People's Republic of China is typically Marxist. The legislators in the People's Republic

of China view laws, especially criminal law, as the tool of the ruling class. In judicial activities, public security

branches, people's procurates, and people courts have a division of labor. Public security branches are

responsible for the investigation, detention, and preparatory examination of criminal cases. People's

procurates are responsible for approving arrest and conducting procuratorial work which also includes

investigation and initiating public presentation. The People's courts are responsible for adjudication.
 LESSON 5

COMPONENTS OF CRIMINAL JUSTICE IN THE PHILIPPINES

Lesson Outcomes:

At the end of this lesson, you should be able to:

1. identify every pillar of the Criminal Justice System;

2. explain the functions of every pillar; and

3. demonstrate the relationship of the pillars.

What are the different components or pillars of the Criminal Justice System?

Criminal Justice System is a tool or machinery used by the society to prevent, control, and suppress the

commission of the crime and provide and maintain justice. This is the major adjudication process of persons

accused of the commission of the crime. This type of justice is by nature a retributive one. This takes to punish

persons who violated the laws in the form of sentencing. This type of justice takes to penalize offenders

because of the wrong act they have done. The form of punishment in this justice, unlike revenge, is not

personal. In case of crime committed, the state takes to represent offended party in the litigation to punish

offenders. However, though the purpose is to punish the wrong act done, the end point of this justice system

is to reform and corréct offenders.

The person accused of shall go through the process of this system and be held liable if guilty beyond

reasonable doubt. Guilty beyond reasonable doubt is the highest degree of proof needed in a criminal case.

This is so to protect the rights of the accused, which is provided in Article III of the 1987 Constitution. Every

pillar in this system has different functions that should be properly carried out. Every function is crucial in

attaining the very goal of this system. Failure to effectively perform the job can be equated to failure of

attaining justice.

1. The first pillar of Criminal Justice System is the Law Enforcement Pillar. This is the prime mover of the

system, the first touch in the process. Though the pillars are equally important, however, this pillar is very vital

to the system since failure to carry out the function properly may cause the dismissal of the case. This pillar

involves different law enforcement agencies under the Executive branch of the government such as the

Philippine National Police (PNP), the National Bureau of Investigation, the Philippine Drug Enforcement

Agency, the Bureau of Customs, the Bureau of Immigration, and the Philippine Coast Guard, to name a few.
These agencies are under the Executive branch of the government, but the most common law enforcement

agency in this pillar is Philippine National Police. The latter responds to any violation of the peace and safety in

the community. PNP shall take the lead in the investigation and gathering of evidence and information to

use as evidence in court proceedings. They shall assist in the prosecution of the offender.

2. The second is the Prosecution Pillar. This pillar is composed of public prosecutors tasked to evaluate the

evidence the police have gathered and decide whether it is sufficient to warrant the filing of charges against

the alleged violator.

When the aggrieved party filed a complaint in the prosecution, and when the crime warrants preliminary

investigation, the public prosecutor shall conduct the investigation for the purpose of finding probable cause.

If the latter believed that the crime had been committed, he shall then file information to the court. This pillar

is also under the Executive branch of the government.

Take note!

• Complaint it is a sworn written statement charging a person with an offense, subscribed by the

offended party, and filed to any peace officer or public officer in-charged with the enforcement of the

law. (Sec. 3. Rule 110, Revised Rules on Criminal Procedure)

• Information is an accusation in writing charging a person with an offense, subscribed by the fiscal and

filed with the court. (Sec. 4, Rule 110. Revised Rules on Criminal Procedure)

• Preliminary Investigation is an inquiry or proceeding for the purpose of determining whether there is

sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court

has been committed and that the respondent is probably guilty thereof, and should be held for trial.

• Probable cause - a well-founded belief that a crime has been committed and the respondent is

probably guilty thereof, and should be held for trial. (Sec.1, Rule 112, Revised Rules on Criminal

Procedure)

3. The Court is the third pillar. This is under the Judiciary branch of the government. The court shall have the

power to hear and try the cases before it. The judge, upon receipt of complaint or information, shall conduct
investigation to determine probable cause for the issuance of warrant of arrest. (Sec. 2, Art. III, 1987 Phil.

Constitution)

• Arrest - is the taking of person into custody in order that he may be bound to answer for the

commission of an offense. (Sec. 1, Rule 113 of the Rules of Criminal Procedure)

• Warrant of Arrest - a written order issued and signed by a magistrate, directed to a peace officer or

some other person specially named, and commanding him to arrest the body of a person named in it

who is accused of an offense. (Black's Law Dictionary)

• Search Warrant - is an order in writing issued in the name of the people of the Philippines, signed by a

judge and directed to a peace officer, commanding him to search for personal properties described

therein and bring it before the court. (Sec. 1, Rule 126, of the Revised Rules on Criminal Procedure)

4. The fourth pillar is the Corrections. This pillar shall cater convicted felons. It is responsible for the

safekeeping and reformation of criminals. The Corrections pillar shall assure that upon the release of the

inmate, he is already reformed and ready to be integrated in the community. Under this pillar, institutions that

will provide services for convicted persons are categorized generally based on the penalty. Inmate with three

(3) years and one (1) day or more will be placed in prison and the three (3) years and less in jail (RA 10575 and

BJMP Manual, respectively). Prisons or national penitentiaries are under the Bureau of Corrections which is

under the Department of Justice. Jails are under the Bureau of Jail Management and Penology, Department

of Interior and Local Government.

5. The last pillar is the Community. The purpose of this pillar is fundamentally geared toward the support to

the program of the Corrections. When the ex-convict is reintegrated to the community, it is understood that he

has been wholly reformed and is ready to engage himself again. Thus, the community should accept and

assist the reformed individual to the new life.