Scribd
Upload
69 views22 pages

Intro To Law & The Criminal Justice System

This document provides an overview of the criminal justice system in the Philippines. It outlines the hierarchy of laws, with the Constitution at the top, followed by statutes, treaties, and jurisprudence. The three great powers of government are also described: police power, taxation, and eminent domain. The branches of government - legislative, executive, and judiciary - are defined along with their roles. Separation of powers and checks and balances between the co-equal branches are discussed. Finally, the document outlines the rights of the accused found in the Bill of Rights.

Uploaded by

Patrick Violago Arcellana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
69 views22 pages

Intro To Law & The Criminal Justice System

This document provides an overview of the criminal justice system in the Philippines. It outlines the hierarchy of laws, with the Constitution at the top, followed by statutes, treaties, and jurisprudence. The three great powers of government are also described: police power, taxation, and eminent domain. The branches of government - legislative, executive, and judiciary - are defined along with their roles. Separation of powers and checks and balances between the co-equal branches are discussed. Finally, the document outlines the rights of the accused found in the Bill of Rights.

Uploaded by

Patrick Violago Arcellana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 22

INTRO TO LAW & the

CRIMINAL JUSTICE SYSTEM


Hierarchy of Laws
Ordinances

Administrative Issuances

Laws, Treaties and Jurisprudence

1987 Philippine Constitution


Hierarchy of Laws

 Philippine Constitution
 Laws/Statutes
 Treaties
 Decisions of the Supreme Court
 Rules of Court
 Implementing Rules and Regulations
 Executive Issuances
 Supreme Court Circulars
 Local Ordinances
THREE GREAT POWERS

 Police Power
 TAXATION
 Eminent Domain
Police Power

 POLICE POWER: power to


 regulate behaviours of its constituents and
 enforce order within its territory,

 limited only by prohibitions specified in the


constitution of a state,
 most expansive authorized power exercised
by a state.
 Two requisites: 1) general public interest
and 2) lawful methods
Taxation

 TAXATION is power
 to impose charges that carry with them
effective powers of enforcement
 so that the government may use such tax
revenues for financing public goods or
transfers that citizens-taxpayers desire.
1987 Constitution

 EMINENT DOMAIN: power


 to seize a citizen's private property, or to
expropriate private property, or rights in
private property, even without the owner's
consent.
 The property is taken for public use.

 with payment of just compensation


Branches of Government

CABINET SECRETARIES
LEGISLATIVE BRANCH

 MAKES THE LAW


 Senate
 House of Representatives
EXECUTIVE

 IMPLEMENTS AND ENFORCES THE


LAW
 President
 Vice President

 Cabinet
 Mga departamento
 DOJ
 DOF
 DENR
 etc
JUDICIARY

 INTERPRETS THE LAW


 Supreme Court
 Court of Appeals

 RTC, MeTC, MTC, MCTC


CONSTITUTIONAL
LIMITATIONS\
 Separation of Powers
 Co-Equal Branches
 Checks and Balances
 Bill of Rights
Separation of powers

 Division of the powers of the government


into the Legislative, Executive, Judiciary.
 Division of these powers to three
branches: the Legislative department,
Executive department and the Judicial
department.
Separation of Powers

 Why?
 Prevention of monopoly
 Sovereignty must reside with the people
 Not strictly “separation” but collaboration.
Co-equal branches

 Each branch is an equal of another.


 No branch is greater than the other
branch.
 Bill of Rights
 A set of a person’s rights against violations
of the government to an individual
 The rights of the accused can be found
here.
Rights of the accused

 Right to due process of law

 Right to bail and against excessive bail

 Right to presumption of innocence

 Right to free access to the courts and


adequate legal assistance
Rights of the accused

 Right against the use of torture, force,


violence, threat, intimidation or any other
means which vitiates the free will

 Right against being held in secret,


incommunicado, or similar forms of
solitary detention
Rights of the accused

 Right to be informed of the nature and


cause of the accusation against him

 Right to have speedy, impartial and


public trial

 Right against cruel, degrading or


inhuman punishment
CRIMINAL JUSTICE SYSTEM
FIVE PILLARS OF THE
CRIMINAL JUSTICE SYSTEM
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

E P
C
C N R
O
O F O
C R
M
REINTEGRATION
CRIME O S
O R
M R E
U E
U C C
R C
N E U
T T
I M T
S I
T E I
O
Y N O
N
T N

You might also like