Criminal Justice System Chapter 1 from the book Philippine Criminal Justice System by Atty. Ramil G. Gabao

1. CLJ 101- Introduction to Philippine Criminal Justice System
PHILIPPINE CRIMINALJUSTICE SYSTEM:ANINTRODUCTION
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A. CriminologyandCriminal JusticeDifferentiated
What is criminal justice?
Siegel and Senna states that "criminal justice may be viewed or defined as the system of
law enforcement, adjudication, and correctionthat is directly involvedin the
apprehension, prosecution, and controlof those charged with criminal offenses.
Notice that in this definition, the American Criminal Justice System's main focusis on
enforcement, adjudication and correction.
In the AmericanCriminal JusticeSystem,there are onlythree(3) pillars:(1)Law
Enforcement, (2)the Courts, and(3) the Corrections.Incontrast, the Philippine
Criminal JusticeSystemhasfive (5)pillars;namely,(1) Law Enforcement,(2)
Prosecution,(3)Courts,(4) Corrections,(5)Community.
In general, a Criminal Justice System (CJS) involvesa number of government agencies
that ensures the protection of the public, the maintenance of order, the enforcement of
the law, the identification of transgressors, the prosecution of the accused and the
finding of the guilty, and the correctionand treatment of criminal behavior.
What is criminology?
Sutherland, Cressey and Luckenbill define criminology as "the body of knowledge
regarding crime as a social phenomenon. It includes within its scope the process of
making laws, of breaking laws, and of reacting toward the breaking of laws. They
further note that Criminology has three interrelated divisions; these are:
i. The Sociology of Criminal Law whichsystematically analyzes the conditions
under whichpenal laws develop and explains as well the procedures used
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in police agencies and courts. This first division focuseson lawmaking.
ii. The Sociology of Crime and the Social Psychology of Criminal Behavior which
examines economic,social and political conditions that generates or prevents the
commission of crimes. This second division
focuses on law-breaking
iii. The Sociology of Punishment and Correction that systematically analyzes the
procedures and policies that aims to control crimes. This third division focuses on
'society'sreaction to law-breaking.
What is the differencebetween criminal justiceandcriminology?
(a) While Criminology explains the etiology,
extent, and nature of the crime in society;Criminal Justicestudies the agencies of social
controlthat handles criminal offenders.
(b)While Criminologists are concerned withidentifying the nature, extent and causes of
crime;
Criminal Justice scholars engage in describing, analyzing, and explaining the operations
of the agencies of justice, specifically the police agencies, the prosecution, the courts and
the rest of the pillars of the system in seeking more effectivemethods of crime control
and offenderrehabilitation.
Is there an overlappingareaofconcernbetweencriminal justiceexpertsand
criminologists?
Yes, Criminal Justice experts cannot begin to design effectiveprograms of crime
prevention of rehabilitation withoutunderstanding the nature and cause of crime. They
require accurate criminal statistics and data to test the effectiveness of crime control
and prevention programs. It is in this aspect that Criminal Justice and Criminology have
overlapping concerns.
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1. - Siegel, L. and Senna, J. (2007). Essentials of Criminal Justice. United States ot America: Thomson Wadsworth.
p. 4.
2. Joyce, P. and Wain, N. (2014). A Dictionary of Criminal Justice. New York: Routledge. P. 106.

2. 3. Sutherland, E., Cressey, D, and Luckenbill, D. (1992). Principles of Criminology (1]' Edition). United States of
America: General Hall. p. 3.
4. Siegel and Senna, p. 12.
5. Ibid. p. 14.
B. Crime and Criminal Justice System (CJS)
What is the event that callsforthe operationofthe CJS?Why?
Crime is the event that calls forthe operation of the criminal justice system.
When a crime is committed, it disturbs the tranquility and harmony of the society.
Such event calls upon the police to initiate police intervention by way of investigation or
apprehension of those whoviolate the law; the prosecutor to prosecute the case; the
court to determine the guilt of the accused; and the rest of the system followsas
incumbent upon their role in the criminal justice process.
Enumeratesomeofthe legal principlesormaximsregardingacrimeora criminal
act?
(a) "Nullum crimen nulla poena sine lege" That is - There is no crime where no law is
punishing it.
(b)The maxim is, '"'actusnon facitreum, nist mens rea- A crime is not committed if the
mind of the person performing the act complained be innocent.
(c)The maxim is "Actus me invito factus,
non est meus actus"- An actdone by me against my will is not my act.
(d) Crimes mala en se and crimes mala prohibita. The first set of crimes refer to those
that are naturally criminal on moral grounds while the second set of crimes pertain to
those acts that have been criminalized for regulatory purposes. Murder is an example of
a mala en se while Illegal Possession of Firearms and Ammunition is an example of mala
prohibita.
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What department ofthe governmentdefinesandpunishesanact?
(a) The 1987 Philippine Constitution empowers the legislative branch of the
government or Congress, which is composed of the Upper House or the Senate and the
LowerHouse or the House of Representatives, with the powerto enact, modily or repeal
laws. It is empowered to determine what acts are deemed harmful to our society and
punishes such acts in order to suppress them.
(b)Our local legislative bodies (Sanggunian Panlalawigan, Sanggunian Panlungsod,
Sanggunian Pambayan, Sanggunian Pambarangay) are also authorized to enact laws that
are criminal or penal in nature and are applicable or enforceable only within their
respective territorial jurisdiction.
What is crimein the criminological sense?
A crime is a violationof societal rules of behavior as interpreted and expressed by a
criminal legal code created by people holding social and political power. Individuals
whoviolate these rules are subject to sanctions by state authority, social stigma, and
lose of status.
This definition combines the consensus position that the criminal law defines crimes
with the conflictperspective's emphasis on political powerand control and the
interactionist conceptof stigma. Thus, crime as defined here is a political, social, and
economic function of modern life.
___________
1. Art. VI, Sec. 1, PhilippineConstitution.
2. Ibid, p. 18: Under theConsensus view, thelaw defines thecrimeand laws apply to all equally;Under the
Conflict view, thelaw is thetool of therulingclass, time is apolitically defined concept and used to control the
underclass; while in theInteractionistview, moral entrepreneursdefinecrime, crimes areillegal because
society defines them that way, and criminal labels arelifetransformingevents.
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What is crimein the legal sense?
Criminologists define crime as a voluntary and intentional violation by legally
competent person of a legal duty that commands or prohibits an act for the protection of
the society. A crime is punishable by judicial proceedings in the name of the state.

3. From thislegal definition,whatare the things that apparentlyconstitutecrime?
They are the following:
1. The act must be voluntary. Thus, if the criminal actwere shown to have been
done involuntarily as when the individual is forced to commit a criminal act
against his will, the person cannot be found guilty of the crime.
2. It must be intentional. Thus, otherwise criminal act that occursby accident
generally is not considered crimes.
3. It must be committed by a legally competent person. Under the law certain
persons are considered not capable of committing a crime, like the insane or
those whoare fifteen(15) years old and below.
4. The behavior that constitutes crime can be either an act of commission or an act
of omission. Thus, one maybe guilty of a crime by doing something whichis
prohibited or should not be done (i.e. murder), as well as doing what the law
says should be done (i.e. payment of tax).
____________
1. Pursley, R. D. (1991). Introduction to Criminal Justice System (5th Edition). New York: Macmillan. p. 35.
2. Article12, par. 5 (irresistibleforce) and 6 (uncontrollablefear) of theRevised Penal Codeis thebest example.
3. Intent is oneof thethreeelements of Felony. Theother two are - Intelligenceand Freedom of action. However,
our RPC also considers culpaorfault as Felony. Culpait Is without intent ormalice. It is merelytheresultof
negligence (lack of foresight, or imprudence(lack of skill), Further, if thelaw violated is aSpecial Penal Law,
intent 15 not required becausetheonly requirementis whetheror nottheact prohibited wascommitted. If
yes, intent is immaterial (e.g. Illegal Possession of Firearms or RA8294 amendingPD 1688, RA 7438, The
Rights of thePerson under Custodial Investigation orInterrogation)
4. Article12, par. 1 and 2 of the Revised Penal Codeand under Art. 15 of R.A. 9344 14 Grego or TheJuvenileand
JusticeWelfareAct of 2004.
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In this connection,an act of omission to constitute a crime must be considered unlawful
by the statute at the time the act is committed.
5. A crime is an act that threatens the welfareof the society and is punishable by
judicial proceedings in the name of the state. Thus, crime IS considered to be a
crime against the collectivewell-being of the society.In criminal proceedings,
the offended party or private complainant is merely considered as the primary
witness of the state.
Basedalso onthe legal definition,howmaythe governmentconvicta personofa
crime?
In order to convicta person, the government must show that:
1. An actwas committed, that at the time of its commission, was prohibited, or that
the accused failed to do something commanded by law (act);(In this connection
it is better to recall the principles or maxims in criminal law as previously
stated.)
2. That the accused did the act voluntarily and withfull knowledge of what he or
she was doing (the crimemust be committedwith the concurrenceof
intent, freedomofaction, and intelligence,orbymeansofnegligenceor
imprudence);
3. That the actresulted fromthe intent (the concurrenceofactand intent or
negligenceorimprudence);
4. That the actand the intent caused something to occurthat was offensiveto the
law (causation);and
5. That it caused some harm to society (result).
NOTE:In the Philippines,ifacrimeis punishedbythe RevisedPenal Code,it is
calleda felony;ifbya special law, it iscalledan offense;ifby an ordinance,itis
calledaninfractionofan ordinance.
________
12 Ibid. pp. 35-38.
13 Ibid., p. 38.
14 Gregorio, A. L. Pundamentals of Criminal Law (9th Edition). Rex Book Store. p. L.*
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Howare crimesclassifiedbycriminologists?Giveexamples.
Criminologists devotea great deal of attention to defining crime in general or in specific
terms.
Some of the examples of criminologicalclassifications of crimes are the following:
-The types of victims(child abuse, women, elderly)

4. -The type of offender( white-collarcrimes,
hate crimes, blue collarcrimes)
-The object of the crime ( property, person, state)
-The method of criminal
activity (organized, accidental or negligence, or modus operandi)
-Degree of Gravity (Light, Serious, or Less Serious)
-Nature of Crime (mala in se or mala prohibita)
-Classify as to its source of enactment or legislation (Felony,Offense, Infractionof an
Ordinance)
-Formal Crime or Informal Crime (consummated immediately (like, oral defamation of
physical injury]
or there are stages in its commission) -Continuing Crime (elements of the crime may
be committed in different places or venue like
kidnapping, estafa or swindling,
or in violationof the Anti-Traffickingin Persons Act of 2012 or R.A. 10364] or that the
crime is committed in a continuous or series of acts manifesting the same or singular
intent or purpose)
-Transitory crime (crime is committed while on board a private or public vehicle or on
board a vessel)
-Status offense (punishable when committed by minors but not when committed by
adults)
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15 Article9, Revised Penal Code.
16 Mala in seif the crimeis wrongby natureand Malaprohibitaif thecrimeis not
wrongby naturebut merely regulated orcontrolled by theStatein order tomaintai
orderly conduct.
17 Article6, Revised Penal Code.
18 Rule110, Rules on Criminal Procedure.
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What is the importanceoreffect ofthe classificationofcrimesinthe
administrationofcriminal justice?
It is very important because it willaffectthe decision- making of the agents or agencies
of Criminal Justice in regards to enforcement of crimes. Serious crimes like murder,
robbery or kidnapping for ransom are more likely to be enforced,investigated,
prosecuted or may even be given priority in courtproceedings compared to light or
insignificant crimes like violation of an ordinance. Moreover,a complainant of a serious
crime will certainly report the crime or pursue the interest in the outcome of the case.
When the victimis a minor or a woman or an elderly person, the law's fullforce will
most likely be enforced as it will generate sympathy from the media and the public at
large.
If it is mala in se, it willlikely be enforced considering that the actis by nature morally
wrong or odious to the public, thus, willelicit public condemnation.
Howare crimesclassifiedunderBookIl ofthe RevisedPenal Code?
BookTwo of the Revised Penal Code classifies crimes in the following:
A. Crimes Against the National Security and the Laws of the State
B. Crimes Against the Fundamental Law of the State
C. Crimes Against Public Order
D. Crimes Against Public Interest
E. Crimes Relative to Opium and Prohibited Drugs
F. Crimes Against Public Morals
G. Crimes Committed by Public Officers
H. Crimes Against Persons
I. Crimes Against Personal Liberty and Security
J. Crimes Against Property
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19 No Author. (2012) Introduction to Criminal Justice, Seventh Edition, Elsevier inc., Endersen Publishing, pp. 73-82
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K. Crimes Against Chastity
L. Crimes Against the Civil Status of Persons
M. Crimes Against Honor
N. Quasi-offenses

5. C. Criminal Law and the CJS
What is the basisofthe CJS?Explain.
The Criminal Justice System is based on the enacted Criminal Law/ Statutes.
Only violations of Criminal Law are being considered and processed in the Criminal
Justice System. Where there is no violation of Criminal Law or where there is no
commission of the crime, in general, Criminal Justice as a process will not operate.
Sometimes, even if the act of a person is somewhat generally annoying or obnoxious to
some people, that person cannot be
processed in the criminal justice system in the absence of an enacted Criminal Law.
The advent of the modern concept in corrections like restorative justice and diversion
will drastically change the point of view of the public concerned.
Definecriminal law.
In the Philippines, Criminal Law is defined as that branch of public law, which defines
crimes, treats of their nature, and provides for their punishment
_______________
20 Under theRevised Penal Code, Article100, aperson who is criminallyliableshall also becivillyliable. Notethat the
civil liability of any is attached to thecriminal liability. Thus, whereno crime wascommitted as in thecircumstances
enumerated under Article11, RPC, theaccused is not only criminally liablebut alsonot civillyliable. Comparethis with
Article12, RPC, whereaperson may not beadjudged criminally liable, but civilliability still attached.
21 Nullum crimen nullapoenasinelege (No crimewhereno law is punishingtheact).
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What are the two classificationsofcriminal law?
Criminal Law may either be Substantive or Procedural.
Definesubstantivecriminal law.
Substantive Criminal Law defines the elements that are necessary foran act to
constitute a crime and therefore punishable.
Defineprocedural criminallaw.
Procedural Criminal Law refers to a statute that provides procedures appropriate for
the enforcement of the Substantive Criminal Law.
What are the sourcesofsubstantivecriminal lawinthe Philippines?
The followingare the sources of Substantive Criminal Law in the Philippines:
1. The Revised Penal Code
2. Presidential Decrees
3. Special Penal Laws
4. City and Municipal Ordinances
What are the sourcesofprocedural criminal lawsinthePhilippines?
The followingare the primary sources of Criminal Law Proceduresin the Philippines:
(a) The Bill of Rights of the Philippine Constitution.
(b)The Revised Rules of Criminal Procedure;Rules of Court.
(c)Other Rules on Criminal Procedures promulgated by the Supreme Court pursuant to
its Constitutional mandate.
___________
22 Art. IX., Sec 5 (5), PhilippineConstitution.
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What are the two basicprinciplesofcriminal lawweadhereto in the
administrationoftheCJS inthe Philippines?
Our system of justice operates on two key principles of criminal law.
Thefirst is"the presumptionofinnocence',
This means that those whoare accused of crimes are considered innocent until proven
guilty. This is the fundamental assumption of our legal system that at least in theory is
supposed to exist.
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.

6. Thesecondprincipleis"theburdenof proofs whichin criminal cases means that the
government must prove beyondreasonabledoubtthatthe suspect committed the
crime. Because the criminal prosecutions carry the penalty of imprisonment and even
death in some cases, the state through the prosecution is given a difficultburden.
Nevertheless it is the bedrock of our social - and through it, our legal system.
Explaintheconceptof the principleofpresumptionofinnocence.Givethesource
ofthis principle.
No less than the Constitution of the Philippines provides that an accused shall be
presumed innocent until proven guilty.
__________
23 Art. III, Sec. 14 (2), PhilippineConstitution, Presumption of innocenceis adisputablepresumption. A disputable
presumption has thelegal effect that unless it is controverted or defeated by superior evidence, it can stand on itsown.
Thus, in criminal cases, theprosecution has to defeat thepresumption of innocenceof theaccused.
24 Detention prisoners areallowed to vote, they can exercisetheir civil and political rights, (even runningfor an
election), administer their properties, parental authority, and theright to bail, if thesameis amatter of right under the
Constitution, - that is, when not punishableby death penalty, orlifeimprisonment or reclusion perpetua.
25 In our legal system, allegation is not proof. Hewho alleges has the burden of proof. Allegation if not supported by
admissibleevidencewill not prosperin courts. With thisrulein ourjurisdiction, plus thefact that theaccused is
presumed innocent, theprosecution must relyon thestrength of its own evidencerather than relvon theweaknessof the
evidenceof theaccused,
26 Rule133, Sec. 2, Rules of Court.
PAGE 13
The burden of proof lies in the public prosecutor. It is incumbent upon the prosecutor to
prove that the accused is guilty as charged.
In so doing, the prosecutor must rely on the strength of his/her evidence and not on the
weakness of the accused's
evidence.
It follows,therefore, that the accused is entitled to all the rights of an individual citizen
until the guilt is proven. This is the reason why the accused under the constitution is
granted the right to bail except under certain crimes committed.
Explaintheconceptof proofbeyondreasonabledoubt.
Giveits legal basis.
In the Philippine setting, our criminal proceeding carries the penalty of imprisonment or
deprivation of liberty and on the extreme, the punishment of death.
In order to make sure that only those who are truly guilty of the crime are punished and
that no person whois innocent is imprisoned, our Rules on Evidenceprovide that the
weight of evidence required to convictan accused fora criminal act must be proof
beyond reasonable doubt. Unless his guilt is shown beyond reasonable doubt, he is
entitled to an acquittal.
Meaningofproofbeyondreasonabledoubt
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 whichproduces convictionin an unprejudiced
mind.
________
27 Rule 110, Rules on Criminal Procedure.
28 Death penalty (Art. 25, RPC) is thecapital punishment for heinous crimes as provided alsounder R.A. 8177, "Act
DesignatingDeath by Lethal injection" which was repealed and/or amended and prohibited by R.A. No. 9346, otherwise
known as the“Act ProhibitingtheImposition of Death Penalty in thePhilippines.
29 Rule 133, Sec. 2. Rules of Court.
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D. Criminal inrelationto CJS
Who is the criminal inrelationto the administrationoftheCJS?
The criminal is the main character,so to speak, of the Criminal JusticeSystem. Some
authors even refer to him as the superstar, if you will,because upon him the pillars of
the system revolve.
Defineacriminal,in the criminological sense,thelegal sense,andas definedin
the criminal justicesense.
A criminal may be defined in three (3) differentviews:

7. 1. In the 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 referred or
reported to the police for investigation.
2. In the 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 the 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.
____________
30 Noticethat in our Revised Penal Code, even if theaccused is found guilty of a crimeor is already servinghis sentence,
if granted amnesty by thegovernment, heis deemed to havenot committed acrime. Amnesty has theeffect of not
extinguishing thecriminal liability of theaccused but cleanses oreradicatingtheact that caused thecrime. It isas if no
crimewas committed. Thus, hecannot really beconsidered a criminal in theCJSsense.
On the other hand, Pardon by the Chief Executive has the effect of extinguishing on)
the criminal liability and not the crime.
In short, Amnesty has the effect of eliminating the act that causes the crime, while Pardon has the
effect only of extinguishing the result of the crime, the penalty
What are the differentnomenclaturesgivento the personwho isbeingprocessed
underthe CJS?
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 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
Givethe classificationsofoffendersorcriminals.
-As to the crime committed (for the crime of murder, murderer; forthe crime of
robbery, robber; for theft,a thief; forrape, rapist, etc.pl
-As to the method by which the crime was committed (AkyatBahay Gang, Dura Gang or
Alupihan Gang, Budol Budol Gang, etc.)
-As to the tools or instruments used in the commission of the crime (by means of
acetylene forAcetylene Gang; hammer for the Ben Panday Gang, etc.)
-As to the age of the Offender(Juvenile Offendersor those committed by minors)
-As to the general effecton the victim(those who are committing violent crimes like
murder, homicide, physical injuries, or even terrorism)
_________
31 Theseareusually what ordinarycitizensor themediawill classify acriminal, dependingon thecrimecommitted.
32 Thelast two refers to theModusOperandi.
33 We now refer to them as Children in Conflict of theLaw (CICL) under RA 9344, or theJuvenile JusticeWelfareAct.
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-Sexual Offenders (rape, serial rapes, violent rapes, crimes against chastity)
-Repeat Offenders (Recidivism,Reiteracion, Quasi-Recidivism and Habitual
Delinquency)
E. The Concept of Justice
Givethe conceptof justice.
What is justice? Can we be truly just? Do we want all members of the society to come
under the umbrella of justice? These are similar questions that have fascinated
politicians, patriots, philosophers, and the general public forcenturies. There is no
universal definition of justice. Itis a conceptthat spans an infinite number of
perspectives and views, each as valid as the other, even though at times incompatible.
Mortimer J.Adler, as cited by Professor Florante A. Seril, has indicated the essence of
justice in twoprecepts:
The first is "to renderto eachhis due." For instance if one borrowsmoney promising
to pay it back, it is only just forthe borrower to pay back the said debt. It is rendering to
him whatis due. Torefuse to pay it back is unjust since it amounts to keeping what
belongs to another.
The second is "treat equalsequallyandunequal unequallyinproportionto their
inequality."For example, if all members of a class in school did not do their assignment,
all should receive the same grade, otherwise there will be injustice. Justice involves
equal punishment for identical offenses and equal rewards to identical merits.

8. __________
34 In this connection, it is crucial for Filipino criminologistsif versionsof theADAM WALSH ACTor MEGAN'SLAW in the
United States beapplicablein our jurisdiction herein thePhilippines. TheADAM WALSH CHILD PROTECTIONAND
SAFETY ACT is afederal law in theUnited States signed into law on July 27, 2006 on occasion of the 25th anniversaryof
theabduction of six year old Adam Walsh from aFloridamall. This law requires previouslyconvicted sexual predators to
register or notify thecommunity of their placeof residence, businessor their school. Itseeks toprotect endangered
children and thecommunity from becomingvictims of thesepredators. MEGAN'SLAW, on theotherhand, refers to the
informal nameof laws requiringlaw enforcement agencies to provideinformation to thepublic on registered sexual
offenders.
35 Article14, 62,160 of theRevised Penal Code.
36 Art. 19, New Civil Codeof thePhilippines.
37 As cited by Professor FloranteA. Seril, TheCriminal JusticeSystem; Modern Trends and Issues in Criminology by
Harry Lorenzo, p. 30.
Givethe fourelementsofjusticein orderthat justicemay bedispensedof
absolutely.
To dispense absolute justice requires the presence of four elements.
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."1
4.The absolute ability to identify the intent of the law violator.
__________
38 Chris,W. (1996) Criminal Justice, Concepts and Issues, Eskridge, 2nd Edition, Roxbury PublishingCompany, pp. 12-14.
39 One of thecharacteristics of ourcriminal lawis that it is personal. Criminal liabilitycannotbedelegated or assigned.
Intent and decision to commit acrimeis personal. Thus, punishment mustbepersonal. That iswhyacorporationas a
rulecannot beheld criminally liablesincethepenalty and its effect is personal to theoffender. Society should notset free
theperson who committed acrime, norwill it bejustif wepunish onewho is innocent of thecrime.
40 In our jurisdiction, thecourt must acquirenot onlyjurisdiction of thecasebut also jurisdiction of theperson of the
accused. Meaning, unless thelaw violator is arrested or thereis voluntarysurrender of thepartof theaccused, thecourt
will not acquirejurisdiction over his person. In which case, thewheel of thecriminal justicewill beon astand still.
41 If no. 1 and 2 cannot beachieved, then it will beinjustice. Wewill bepunishingthewrongperson orweareallowing
theviolator to movefreely and not beingpunished for thecrimecommitted. Moreimportantly, theCourtsshould beable
to imposethe appropriatepenalty for thecrimecommitted takinginto consideration theapplicablemodifying
circumstances (Article11-15, of theRPC) or when properin theconduct of thepleabargainingagreement as provided for
by theRules of Court of thePhilippines.
42 Since crimeis committed with intent or purpose, it is important for societyto beableto punish theviolatoraccording
to theintent or purposeby which thecrimewas committed. Itis so, becausein thedetermination to proscribeorprohibit
theact, intent is an element. Intent is theoutward and express manifestation of theact that is harmful tosociety.
PAGE 18
Amongthe fourelements,what is the hardestto identify?Explain.
At present, welack the absolute ability to identify the intent. Thus, even with adequate
resources, it is impossible to distribute absolute justice. Under the law,intent is merely
presumed. The presumption that intent is present and therefore part of the element of
the crime committed can be inferred from the overt acts of the accused. Such inference,
however,should be proven by evidence since the accused as discussed above is
presumed innocent of a crime or wrong. Hence, the determination of intent is not really
foolproof.
Enumeratethe fourtypes ofmistakesthat canhappenwhensocietyattempts to
administerjustice.
When societies attempt to administer justice, mistakes are inevitable. The types of
mistakes include the following:
-The innocent is punished,
-The guilty escapes the punishment
-The guilty are punishment more severely than necessary.
-The guilty are punished less severely than necessary.
_________
43 Overt or external fact has been defined as somephysical activity ordeed, indicatingtheintention to commita
particular crime, morethan a mereplanningor preparation, which if carried out to itscompletetermination followingits
natural course, without beingfrustrated by external obstaclesnor bythevoluntary desistance of theperpetrator, will
logically and necessarily ripen into aconcreteoffense. (Rabelos Jr. v. People, G,R. No. 138033, February 22, 2006)
44 It must not only just meremanifestation of an overt actof preparation butone that is overtindication of theintent.
Expoundingon thenatureof an attempted felony, theCourt, speakingthrough Justi Claro M. Rectoin People us.
Lamahang, stated that "theattempt which thePenal Code punishes is that which has alogical connection to aparticular,
concreteoffense; that which is thebeginningof theexecution of theoffenseby overt acts of theperpetrator, leading
directly to its realization and consummation. " Absent theunavoidable connection, likethelogical and natural relation of
thecauseand its effect, as where thepurposeof theoffender in performingan act is not certain, meaningthenature the
act in relation to its objectiveand ambiguous, then whatobtains is an attempt to commit an indeterminateoffense, which
is not ajuridical fact from thestandpoint of thePenal Code.
45 Notetheconnection to theelements of how justicemay bedispensed absolutel Ibid. p. 24.

9. PAGE 19
It issaidthat justicetends to possessatwo-foldrole,enumeratethemand
explain.
The justice system tends to possess a two-foldrole, namely:
1. The prevention of certain activity that is harmful to society; and
2. The apprehension and the formal processing of individuals who have committed
illegal acts.
F. TheCriminal JusticeSystem
Definethe criminal justicesystem.
Criminal Justice System is defined as the machinery of the State or government, which
enforces the rules of conductnecessary to protect life and property and maintain peace
and order.
What are the fivepillarsofthe criminal justice systeminthe Philippines?
In the Philippine Setting, the followingare the pillars or components of the Criminal
Justice System:
1. Law Enforcement
2. Prosecution
3.Courts
4. Corrections
5. Community
The first four components are the so-called formal Criminal JusticeSystem.Outside
the formal organization, however,the community is the basicelement orinformal
pillarand considered the fifthcomponent or pillar of the entire Criminal Justice System.
PAGE 20
Givethe three (3) majorcomponentsoftheAmericanCJS.
The followingare the major components of the America,
Criminal Justice System:
1. Law Enforcement
2. Courts
3. Corrections
Explaintheinterrelationshipofthedifferentpillars.
Some of the most crucial problems in the criminal justice system have occurredas the
result of the failure to recognize the effectthat a change in the system do not operate
independently, but, rather, the functionsoverlap.
If any one of the pillar is dysfunctional,the rest of the pillar suffers. Surely, the same will
result to a miscarriage of justice.
Although there is generally a broad agreement over the goals of the CJS, there is far less
agreement overthe how best to attain these goals. Based on the principles of checkand
balances, the enforcement, prosecution, judicial, and correctional aspects of the systems
are not vested within the authority of the same agency.
For example, giving the police the authority to arrest, prosecute and to reform
individuals wouldbe an unacceptable practice. Such a system wouldobviously pose a
dangerous threat to individual liberty in the free society.
In such a case, the policewill be acting as the enforcer, prosecutor, judge and
executioner at the same time. This system will be in essence a "side walkjustice". This
poses the threat of human rights violationsbeing committed.
PAGE 21
In the PhilippineCJS setting:
> The Law Enforcement,particularly the Philippine National Police(PNP)is under the
Department of Interior and Local Government (DILG);while the National Bureau of
Investigations is an agency attached to the Department of Justice (DOJ).
> The ProsecutionService is under the DOJ;while the OMBUDSMANis a Constitutional
body independent from even the three major and co-equal branches of the government.
On the other hand, the Public Attorneys Office(PAO)is also under the DOJ.Thus, the
prosecution, generally considered as the representative of the State in criminal cases,
and the Public Attorneys Office,whichalso generally represents the accused or the
respondent in criminal cases belong to the same department of the government.

10. > The Courts, meaning the regular civilcourts, including the Sandiganbayan and Special
Criminal Courts , are under the supervision and controlof the Supreme Court.
>TheCorrectional Institutions areeither under the DOJ or the DILG.
-The Bureau of Corrections55 or the National Penitentiary is under the DOJ.
-By virtue of R.A. 6975, the Bureau of Jail Management and Penology (BJMP)is in charge
of
____________
48 TheNational Bureau of Investigation was created through Commonwealth Act181 on November 13. 1936.
49 Officially constituted on April 11, 1978 with theissuanceof Presidential DecreeNo. 1275 by then President Ferdinand
Marcos.
50 Art. XI, Sec. 5, PhilippineConstitution, seealso Sec.13, R.A. No. 6770; Sec. 12 ArticleXI, 1987 Constitution for the
Ombudsman's mandate.
51 Themandateof thePublic Attorney's Officeemanates from Sec. 11, Article3 of the1987 PhilippineConstitution and
has been specified and strengthened in theprovisions of R.A. 9406 ortheso called - "PAO Law" which amended the
AdministrativeCodeof 1987.
52 Constitutional mandateis the1973 Constitution, Section 1, ArticleXI, 1987 Constitution, PD 1486, PD 1606, PD 1861,
RA 7975, RA 8249.
53 Family Courts, Commercial Courts, etc. aredesignated as such bytheSupremeCourt of thePhilippines.
54 Art. VIlI, Sec 6, PhilippineConstitution.
55 Its mandateis theAdministrativeCodeof thePhilippines.
PAGE 22
the City or Municipal Jails while the Provincialgovernment is in charge of the Provincial
Jail Both are under the DILG. The Department of Social Welfare and Development
(DSWD)is also now deeply involvedin the correctionalprocess especially with Children
in Conflict of the Law (CICL) by virtue of R.A. 9344 or the Juvenile Justice WelfareAct.
Enumeratethe primarygoalsofthe CJS.Explaineach.
The followingare the primary goals of the Criminal JusticeSystem (CJS):
1. To protect the members of the society. CJS is the formal instrumentality
authorized by the people of the nation to protect both their collectiveand
individual well-being.
2. The maintenance of peace and order. There is a need for politicaland institutional
stability as a goal of an organized society. Because crime and disorder disrupt stability
in the society,we have given the CJS the authority to act as society'srepresentative and
to serve as the instrument by whichthe existing order is maintained.
Enumeratethe sub-goalsorsecondarygoals.
The followingare the sub-goals of the Criminal JusticeSystem:
1. The prevention of crime.
2. The suppression apprehending of criminal conduct by offenders for prevention is
ineffective
3.The review of the legality of our preventiveand suppressive measures.
__________
56 Its mandateis theAdministrativeCodeof thePhilippines
57 R.. 6975, Sec. 61. (retrieved from: http://www.lawphil.net/statutes/repacts/ ra1990/ra_6975_1990html on November
18, 2015)
58 Canonizado, p. 145.
PAGE 23
4.The judicial determination of guilt or innocence of those apprehended.
5. The proper disposition of those who have been legally found guilty.
6.The correction by socially approved means of the behavior of those who violatethe
law.
G. Philosophical ApproachesbehindtheCJS
What are the philosophical approachesbehindtheCJS?
The followingare the Philosophical approaches behind the Criminal Justice System.
1. The Adversarial Approach; and
2. The Inquisitorial Approach.
Explaintheadversarial approach.
The adversarial approach assumes innocence. The prosecutor representing the state
must prove the guilt of the accused. This approach requires that the proper procedures
are followed-procedures designed to protectthe rights of the accused.
The adversarial approach embodies the basic concept of equal protection and due
process.59 These concepts are necessary in order to create a system in whichthe

11. accused has a fair chance against the tremendous powers of the prosecutors and the
resources of the State.
Theoretically,the observance of due process will prevent the prosecutor from obtaining
a guilty verdict foran innocent defendant. In reality, however, justice does not always
prevail.
________
59 Art. Ill, Sec. 1, PhilippineConstitution.
PAGE 24
Explaintheinquisitorial approach.
Theinquisitorial systemassumesguilt.Theaccused must prove that they are
innocent. This is the opposite of the adversarial approach. The inquisitorial approach
places a greater emphasis on convictionrather than on the process by whichthe
convictionis secured.
Distinguishtheabovephilosophical approachesoftheCJS.
(a) As to the presumption:
The Adversarial Approach assümes the accused to be innocent; while the Inquisitorial
Approach assumes the accused to be guilty.
(b)As to the burden of proof:
The Adversarial Approach places the burden on the public prosecutor to prove the guilt
of the accused; while the Inquisitorial Approach places the burden to the accused in
proving his innocence.
(c)As to the emphasis:
The Adversarial Approach places emphasis on the process; whilethe Inquisitorial
Approach places emphasis on the convictionof the accused.
What is the philosophical approachadoptedbyourCJS?
Our Criminal Justice System adopts the Adversarial Approach.
This is obvious due to the greater emphasis on the observance of due process and of the
litany of rights in our Constitution's Bill of Rights.
What are the two principlesoflawthat must beadheredto in ourCJS?
The two (2)principles of law that must be adhered to in our criminal justice system are
the following:
1. The due process of law; and
2. The equal protection clause.
PAGE 25
Explaintheprincipleofdueprocessoflaw.
Essentially, the conceptof due process means that those whoare accused of the crimes
and those who are processed through the criminal justice system must be given the
basic rights guaranteed by the Constitution.
As explained by the Supreme Court, the due process clause is elastic and flexible to meet
varied contingencies,
In essence, due process simply means compliance with the requisite NOTICE and
HEARING. The essence of due process is found in the reasonable opportunity to be
heard and submit any evidence one may have in support of one's defense. What the law
prohibits is not the absence of previous notice but the absolute absence thereof and the
lack of opportunity to be heard.
Criminal due process refers to the observance of Rules of Criminal Procedure issued by
the Supreme Court of the Philippines and the Bills of Rights embodied under Article Ill of
the Philippine Constitution, and other statutes. The criminal due process must be
observed from the moment an investigation is conducted up to the imposition of penalty
and release of the offender.
Explaintheconceptof equal protectionclause.
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. According to the Supreme Court, it must be based on some reasonable
classification.

12. ______
60 Ynot v. C.A. 148 SCRA 659, March 20, 1987.
61 Mendenillav. CSC, 194 SCRA 279, Feb. 19, 1991.
62 Peoplev. Cavat, 68 SCRA 12, cited in Constitutional Law by Isagani A. Cruz, 2000 Edition, p. 127.
PAGE 26
What is the conceptof criminal dueprocess'?
Criminal due process requires that the accused be tried by an impartial and competent
court in accordancewith the procedure prescribed by law and with proper observance
of all the rights accorded him under the Constitution and applicable statutes (ex. denial
of preliminary investigation when proper).
The basic ingredient of criminal due process is a trial conductedin accordancewith the
rudiments of fair play.
Who can invokehisrightto criminal dueprocess?
Any person under investigation of the crime may at all times invoke his right to due
process
The Bill of Rights (including the right to due process) is a litany of weapons, whicha
person may use in order to resist or defeat any abuse or misuse of governmental power.
The Bill of Rights is foundationally directed against the government
H. Criminal Justice System Models
What are the two mostpopularmodelsofCJS?
The followingare the most popular models of Criminal Justice System:
1. The Concept of Crime Control Model; and
2. The Concept of Due Process Model.
Explainthecrime control model.
The Crime Control Model is based on the idea that the most important functionof the
CJS is the repression of criminal
conduct.
_______
63 Ibid, pp. 297-298.
64 Aguirre, A. Jr. Postulates in Constitutional Law Il, 1995 Edition, p. 145.
65 Bernas, J. (2002) Constitutional Law, Primerand Reviewer,
PAGE 27
The model is justified by pointing out that the failure of the police and other agencies of
the criminal justice to bring the criminal conductunder control leads to the breakdown
of the public order, and, as a result, the disappearance of social tranquility, whichis an
important condition of human freedom.
In this model, the administration of criminal justice must stress "efficiency"-increased
capacity to apprehend, try,convictand dispose of a high proportion of criminal
offenders.
The emphasis is placed on speed and finality in dealing with those accused of the crime.
In this model, procedural issues such as the rights of the accused, whichsome people
blame as the culprit that allows offenders to escape justice, must be secondary to
protect society and controlcrime.
The supporters of this model contend that the collectiverights of the society must take
precedence over the rights of the individual; where there is conflictoverthis issue;
collectivepublic safety,immediate protection of the society and general maintenance of
public order is the primary consideration.
Underlying the assumption of this model is the feeling that the offender is guilty- an
assumption that contradicts the basic presumption of innocence that is supposed to
surround the accused under our system of criminal justice.
The crime control model promotes punishment. Deterrence serves as the philosophical
underpinning of this model. The justice process is quick and generally informal.
ExplaintheDueProcessModel.
The DueProcessModel has the features of an obstacle course. Under this model, each
of the stage of the criminal justice process from arrest, prosecution, through the courts

13. disposition of the accused, is designed to present formidable impediments to carrying
the accused any further along in the process.
The primary consideration of the due process model is to protect the rights of the
accused, the individual freedoms and the general consideration of liberty, the basic right
of an individual. However,this results to the delay in the administration of justice.
PAGE 28
The saying that justice delayed is justice denied is often heard and hurled as a criticism
against this model.
This model presumes that people are considered basically good. As such, individuals are
presumed innocent until proven guilty.
Its primary concernis the rehabilitation and integration of offenders backinto society,
and more particularly in assisting law violators to make a deliberate conversion to a
more responsible lifestyle.
The justice process is deliberate, formalized, thorough, and individualized. It
emphasizes treatment and not punishment of the offenders. Treatment entails the
establishment of community based alternatives to incarceration.
It must be stated that there will be guilty persons who will escape punishment, and
some guilty persons will be punished less severely than they should be. But on the other
hand, there willbe fewerinnocent persons punished, and the number of guilty persons
punished more severely than they deserve will also be diminished.
What are the differencebetweenthetwo and explain.
(a) As to quality control;
Packerviews both the systems as striving for the quality control in very different ways.
He suggests that the due processmodel emphasizes "reliability"(i.e.society must be
willing to live with the factthat some guilty offenderswill be foundinnocent in order to
ensure that the innocent persons are not unjustly convicted),
Whereas the crimecontrol model emphasizes "efficiency"andproductivity (i.e.
society must be willing to acceptthe factthat some innocent people might well be
incorrectly found guilty, but that the overall improvement in the administration of
justice and, supposedly, the protection to society,would more than compensate forsuch
mistakes).
________
66 Packer, H. (1968). TheLimits of theCriminal Sanction. United States of America
Stanford University Press.
PAGE 29
(b) Asto the primaryconcernofprotection:
The primary concernsof the due process model are the protectionofindividuals,
individual freedom,andgeneral maintenanceofliberty;
Whereas the concern of crime control model is the collectiverights of the society that
must take precedence over the rights of the individual; where there is conflictoverthis
issue, collectivepublic safety must be the first consideration.
(c) As to the assumptionofguiltorinnocence:
In the Due ProcessModel, people are considered basically good. Individuals are
presumed innocent until proven guilty.
Whereas in the Crime Control Model individuals are presumed guilty until proven
innocent, and the concern is withforcing conformity through an external deterrence
system
(d) As to the promotionoftreatment/ punishment:
In the Due ProcessModel, the emphasis is on the treatment and not the punishment of
the offender. The concern is rehabilitating and integrating offenders back into society,
and more particularly in assisting law violators to make a deliberate conversion to a
more responsible lifestyle. The justice process is deliberate, formalized, thorough, and
individualized. Treatment entails establishment of community based alternatives to
incarceration.

14. What criminal justicemodel do weadopt inthe Philippines?
The Philippines adopts the Due Process Model in its criminal justice process.
PAGE 30
I. JuvenileJusticeSystem(R.A. 9344)
Explaintheconceptof restorativejustice.
Restorative justice refers to the principle whichrequires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community.It seeks
to obtain reparation for the victim; reconciliationof the offender, the offended and the
community; and the reassurance to the offenderthat he/she can be reintegrated into
society.It also enhances public safety by activating the offender,the victimand the
community in prevention strategies.
Is restorativejusticeaconcept that is already implementedinthePhilippineCJS?
In the Philippine setting, this conceptis being implemented only with regard to Children
in Conflict with the law (CICL).It is the principle by whichR.A. 9344, otherwise known
as the Juvenile Justice WelfareAct of 2006, conforms to.
Who are the childreninconflictwiththe law?
A child in conflictwiththe law refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
Who is a childat risk?
A child at risk is one who is vulnerable to and at the risk of committing criminal offense
because of personal, family and social circumstances.
PAGE 31
What is intervention?
Intervention refers to a series of activities designed to address issues that caused the
child to commit an offense.It may take the form of an individualized treatment program,
whichmay include counseling, skills training, education, and other activitiesthat will
enhance his/her psychological,emotional and psycho-socialwell-being.
What is the diversionprogram?
Diversion refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflictwiththe law on the basis of his/her
social, cultural, economic, psychologicalor educational background without resorting to
formal court proceedings.
What is the distinctionbetweeninterventionanddiversion?
Intervention only applies to twogroups of children:
1. Children in Conflictwith the Law (CICL) whoare 15 or younger; and
2. CICL whoare above 15 but below 18 who acted without discernment.
In the abovecases, there is no criminal liability that exists. The program is designed to
restore the CICL to a functioning state and prevent future offenses. On the other hand:
Diversion applies only to CICL above 15 and below 18 who acted with discernment. It
further refers to child-appropriate alternatives to formal legal proceedings to determine
whether the CICL is actually guilty of the alleged offense.
__________
70 Section 4 (1), R.A. 9344, Juvenile JusticeWelfareAct of 2006.
71 Section 4 (), R.A. 9344, Juvenile JusticeWelfareAct of 2006.
72 Rule 35, IRR of R.A. 9344, Juvenile JusticeWelfareAct of 2006.
73 Rule 41, IRR of R.A. 9344, Juvenile JusticeWelfareAct of 2006.
74 Rule 40, IRR of R.A. 9344, Juvenile JusticeWelfareAct of 2006.
PAGE 32
Give the important historical timeline in the legal developments of the CICL.
1966International Convention on Civil and PoliticalRights (ICCPR)providing that
accused juveniles should be detained
separately formadult offenders.
1973-Presidential Decree No. 603, The Child and Youth and Welfare Code of the
Philippines, deals with the YouthfulOffender and other rights of a child.
1985-The “Beijing Rules" was adopted by the United Nations and setting the "Standard
Minimum Rules forthe Administration of Juvenile Justice".This is the first
comprehensive international document concerning CICL. It explained the conceptof
"Diversion" and that detention should be "the last resort"
1986-The ICCPR was ratified by the Philippine government and became part of the law
of the land.

15. 1987- The Philippine Constitution explicitly incorporated and affirmed the rights of
children including the right to be protected from all forms of neglect,
abuse, cruelty,exploitation, and other conditions prejudicial to their development.77
1988- Riyadh meeting issuing “The United Nations Guidelines for the Prevention of
Juvenile Delinquency"
1990- UN Convention on the Rights of the Child (CRC).
1990- Ratification of the CRC
1992- Republic Act No. 7610 or An ActProviding For Stronger Deterrence and Special
ProtectionAgainst Child Abuse.
1992- Philippine Commission on Human Rights asked the Officeof the President to
provide separate detention facilities for CICL
__________
75 International JusticeMission. (2006). Seek JusticeVolume2. Claimingthepromiseof freedom for children in conflict
of thelaw.
76 Article10 (2) (b), ICCPR.
PAGE 33
1993Flurry of bills filed in Congress aimed at promoting the rights of the CICL.
2002The Philippine Supreme Court issued the Rule on Juveniles in Conflictwith the
Law
2003Class action lawsuit against the President, et al. filed by CICL whoare detained in
jails > all dismissed
2006- The Juvenile Justice and WelfareAct of 2006 was enacted creating a new system
of juvenile justice.
References:
A. Books:
Travis III, L. F. (2012). Introduction toCriminal Justice, Seventh Edition, Endersen Publishing.
Aguirre, A. Jr. Postulates in Constitutional Law I, 1995 Edition
Bernas, J. (2002). Constitutional Law, Primerand Reviewer.
Canonizado, A. (1995). Criminal JusticeSystem from Multicultural
Policingin a Democracy. Editors: Lorenzo, H.C. and Sumner, C
Institute of International Studies.
Eskridge, C. W. (1996). Criminal Justice, Concepts and Issues
2nd Edition. Roxbury PublishingCompany.
Gregorio, A. L. Fundamentals of Criminal Law (9th Edition).
Rex Book Store.
Lorenzo H. C. (as cited by Professor FloranteA. Seril), TheCriminal
JusticeSystem; Modern Trendsand Issuesin Criminology. page30.
Pursley, R. D. (1991). Introduction to Criminal JusticeSystem
(5th Edition). New York: Macmillan.
Siegel, L. and Senna, J. (2007). Essentials of Criminal Justice.
United States of America: Thomson Wadsworth.
Sutherland, E., Cressey, D. and Luckenbill, D. (1992). Principles of
Criminology (1]'h Edition). United States of America: General Hall.
PAGE34
B. Legal Statutes
The1987 PhilippineConstitution
Rule 110, Rules of Court
Rule 112, Rules of Court
Rule 113, Rules of Court
Rule 126, Rules of Court
Rule 133, Sec. 2, Rules of Court.
Rule 133, Sec. 2. Rules of Court.
Article 19, New Civil Codeof thePhilippines.
Republic Act 6975, Sec. 61 (retrieved from: http://www.lawphil.net/ statutes/repacts/ra1990/ra_6975_1990.htmlon May
10, 2013)
People versus Cayat, 68 SCRA 12, cited in Constitutional Lawby
Isagani A. Cruz, 2000 Edition, p. 127.
Mendenilla versus CSC, 194 SCRA 279, Feb. 19, 1991. not versus Courtof Appeals. 148 SCRA 659, March 20, 1987