What is justice? justice is a habit which makes a man "capable of doing what is just, and of being just in action and in intention.“ John Rawls claims that "Justice is the first virtue of social institutions, as truth is of systems of thought.“ "the perpetual and constant will to render to each one his right" Justice is action in accordance with the requirements of some law Justice is often used interchangeably with the word "fairness."
Justice cont… Because we have this desire for equality and fairness, the assurance of justice is usually a prerequisite for a good society For a leader to have legitimacy among his or her constituents, he or she must find ways to ensure that the laws of the land are just and administered justly For the offender, justice means that crimes dont go unpunished, but also that the punishment fits the crime. For a victim, justice may be seeing a criminal put behind bars, or it may be monetary -- the goal is to make the victim feel equal again.
Justice ensures: that people receive their "fair share" of the goods available; that people receive "fair treatment" from societys institutions; that peoples actions conform to rules of "fair play"; and that any injustices are adequately addressed.
Understanding of Justice Justice as harmony Platos definition of justice is that justice is the having and doing of what is ones own. A just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. This applies both at the individual level and at the universal level
Justice as divine command Justice as a divine law is commanding, and indeed the whole of morality, is the authoritative command God embodies these laws and is therefore neither higher nor lower than the law. He sets an example for the good people among men to follow His way and also become an embodiment of the highest principles and morals.
Justice as natural law it involves the system of consequences that naturally derives from any action or choice It is similar to the laws of physics: in the same way as the Third of Newtons laws of Motion justice requires according to individuals or groups what they actually deserve, merit, or are entitled to. Justice, on this account, is a universal and absolute concept: laws, principles, religions, etc., are merely attempts to codify that concept, sometimes with results that entirely contradict the true nature of justice.
Justice as human creation justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law Justice as mutual agreement justice is derived from the mutual agreement of everyone concerned; or, in many versions, from what they would agree to under hypothetical conditions including equality and absence of bias
Types of justice Distributive/economic justice ○ refers to the extent to which societys institutions ensure that benefits and burdens are distributed among societys members in ways that are fair and just ○ Some possible criteria of distribution are equity, equality, and need. Compensatory justice ○ justice refers to the extent to which people are fairly compensated for their injuries by those who have injured them; just compensation is proportional to the loss inflicted on a person.
Types of justice cont… Retributive/corrective justice ○ refers to the extent to which punishments are fair and just ○ those who do not play by the rules should be brought to justice and deserve to suffer penalties for their transgressions. ○ plays a central role in legal proceedings, responding to violations of international law and human rights, and war crimes adjudication. Social justice ○ means being entitled to the same rights and services as all other citizens.
Procedural justice is concerned with making and implementing decisions according to fair processes that ensure "fair treatment." Rules must be impartially followed and consistently applied in order to generate an unbiased decision
CRIME IS MULTI-FACETED a social problem, a political problem, a spiritual problem, and an economic problem
COMMUNITY LawVIOLATOR Prose- Correc- Enforce- Judicial cution tional ment Flow of Violators through the Criminal Justice System (Philippine System)
“the process in a community by which acrime is investigated, and the person(s)suspected for the commission thereof is/aretaken into legal custody for prosecution incourt and for punishment, if found guilty, withprovisions being made for the correctionand/or rehabilitation of the offender(s) toensure renewed assimilation into mainstreamsociety after service of sentence”.
5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM E P C N R O C F O R O C O S R M OL R E E M UA C C C U RW E U T N T M T I I S E I O T N O N Y T N S
The Five (5) Pillars of Philippine Criminal Justice System A. Law Enforcement members of the Philippine National Police(PNP) - prime enforcers of the law members of the National Bureau ofInvestigation (NBI) - which is under theDepartment of Justice.
I. The Philippine National Police (PNP) Creation/Nature/Powers and Functions.The 1987 Philippine Constitution itself mandatesthat there should be one police force that isnational in scope and civilian in character, and onthe basis of this constitutional precept, RepublicAct No. 6975 created the Philippine NationalPolice as the premier law enforcement agencythat has the following powers and functions :
a. Enforce all laws and ordinances relative to the protection of lives and properties;b. Maintain peace and order and take all necessary steps to ensure public safety;c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;d. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;e. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution;f. Issue licenses for the possession of firearms and explosives in accordance with law;g. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their profession; andh. Perform such other duties and exercise all other functions as may be provided by law.
PHILIPPINE NATIONAL POLICE ORGANIZATIONAL STRUCTURE (PER RA 6975) OFFICE OF THE CHIEF PNP OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE DEPUTY CHIEF OFFICE OF THE CHIEF OF OFFICE OF THE DEPUTY FOR ADMINISTRATION THE DIRECTORIAL STAFF CHIEF FOR OPERATIONS DIRECTORIAL STAFF PERSONNEL & HUMAN POLICE COMTROL- RESOURCE & RESEARCH & INVESTIGA- RECORDS LOGISTICS PLANS DOCTRINE COMMUNITY INTELLIGENCE OPERATIONS LERSHIP DEVELOPMENT TION MANAGEMENT DEVELOPMENT RELATIONS ADMINISTRATIVE SUPPORT UNITS OPERATIONA SUPPORT UNITS POL-COM- COMMUNI-LOGISTIC MEDICAL HQS CRIME AVIATION INTELLI- SPECIAL TRAFFIC COMP. FINANCE ENGR. CHAPLAIN LEGAL MARITIME NARCOTICS MUNITY TIONS &SUPPORT & DENTAL SUPPORT LABORA- SECURITY GENCE ACTION MGMT SERVICE SERVICE SERVICE SERVICE SERVICE COMMAND COMMAND RELATIONS ELECT.SERVICE SERVICE SERVICE TORY GROUP COMMAND FORCE COMMAND COMMAND COMMAND CRIMINAL CIVIL INVESTI- SECURITY SECURITY GATION COMMAND GROUP COMMAND0 14 REGIONAL NCR COMMAND COMMAND 5 NCR 77 PROVINCIAL 15 CITY * ORGANIZED IN NCR REGIONAL 14 REGIONAL DISTRICT POLICE POLICE HIGHLY URBANIZED CITIES MOBILE FORCES MOBILE FORCES COMMANDS COMMANDS COMMANDS* NCR POLICE STATIONS / PROVINCIAL DISTRICT ** ORGANIZED IN LARGE PRECINTS MOBILE FORCE POLICE PROVINCES COYS COMMANDS** CITY/MNCPL POLICE STATIONS
II. The National Bureau of Investigation (NBI) Creation. The National Bureau of Investigation saw its inceptionon 13 November 1936 upon approval of CommonwealthAct No. 181 by the legislature. It was the brainchild of the late President Manuel LQuezon. It was first organized as a Division ofInvestigation (DI) patterned after the United StatesFederal Bureau of Investigation.
The Bureau assumes an increasingly significant roleas a law enforcement agency, thus, on 19 June 1947and by virtue of Republic Act No. 157, it was reorganizedinto the Bureau of Investigation. The law was later amended by Executive Order No.94 issued on 4 October 1947 renaming it into what it ispresently known i.e. the National Bureau ofInvestigation.
The National Bureau of Investigation is presently under theDepartment of Justice performing the principal functions ofdetecting, investigating, and prosecuting crimes towards theend of preventing criminality. Among the activities the NBIconducts are : to detect and investigate crimes; to investigate civil or administrative cases of interest to the government upon request; to act as the national clearing house of criminal records and other information; to give technical assistance to all prosecuting and law enforcement agencies, to the courts, and even to litigants; to maintain a crime laboratory and to conduct research; to coordinate with the PNP and other law enforcement agencies in the investigation of crimes; to collect intelligence date and coordinate even with other international intelligence agencies; to assist in the implementation of the Dangerous Drugs Law.
III. The National Law Enforcement Coordinating Committee (NALECC) Law Enforcement Coordinating Committees providescooperation and inter-agency coordination among all lawenforcement agencies in the Philippines Law Enforcement Coordinating Committees are organizedfirstly on a national level known as the National Law EnforcementCoordinating Committee (NALECC). Counterpart committees are also established in the regionsand in the provinces
LECCs have the following duties and functions :a. Serve as a forum for dialogue and coordination among the government agencies engaged in the enforcement of general and special laws;b. Coordinate policies / procedures in order to facilitate cooperation and integration of efforts among member- agencies and ensure a unified direction in the suppression of criminal activities;c. Identify priority areas for coordinated joint law enforcement activities;d. Prepare and submit to the Chairman of the Peace and Order Council for consideration/implementation, basic strategies / plans which shall outline the enforcement facet of the peace and order campaign as well as delineate policies and thrusts in the effective implementation of law enforcement function.
IV. The Peace and Order Councils (POCs) Peace and Order Councils are created as avenues forinter-agency coordination relative to the country’s peace and orderproblems. The Peace and Order Council is organized on a nationallevel (NPOC) with counterpart councils at regional levels andprovincial levels. The NPOC has the following functions : a. To prepare and recommend for the approval of the President proposals, measures, thrusts, and strategies that would effectively respond to peace and order problems; b. To coordinate and monitor peace and order plans, projects, and operations of Civilian Volunteer Self-Defense Organizations and such other counter-insurgency programs and activities; c. To perform such other duties and functions as the President may direct.
B. Prosecution National Prosecution Service * the prosecution arm of the government * composed of Provincial Prosecutors, CityProsecutor, Regional Prosecutors, and StateProsecutors * placed under the supervision and control ofDOJ.
Private lawyers should also be deemed partof the CJS Prosecution Pillar because theyalready represent the parties (thecomplainant or the respondent) even inproceedings before the Prosecutors. Soalso, public defenders - such as themembers of the Public Attorneys Office(PAO) and other Legal Aid Lawyers(IBP, CLAO, FLAG, MABINI, UP, UST, etc.)- should also be considered as part of theProsecution Pillar.
C. (Judicial) Courts The final determination of innocence or ofguilt is done by the Judicial Component (theCourts) through the adjudication of criminal cases Suffice it to say that, in the context of theCriminal Justice System, after a suspect haspassed through the Prosecution Pillar, he is sentto the proper court of justice which shall belaboritself in determining either innocence or guilt.
SUPREME COURT COURT OF APPEALS SANDIGANBAYANCourt of Tax Regional Trial Shari‘a Regional Appeals Regional Courts District Courts Municipal Municipal Metropolitan Shari’a Trial Courts Municipal Metropolitan Shari’a Trial Courts in Cities Trial Courts Metropolitan Trial Courts Shari’a Circuit Courts in Cities Municipal Municipal Municipal Municipal Circuit Trial Municipal Circuit Trial -Regular Courts Municipal Trial Courts Courts Circuit Trial -Special Courts
The Constitution The Constitution of the Philippines ordains that judicial power shall be vested in one Supreme Court and such lower courts as may be established by law. [Section 1, Art. VIII, 1987 Constitution). The Law Under Philippine laws [Judiciary Reorganization Act of 1980 (Batas Pambansa Bilang 129) which took effect on January 18, 1983 and other laws] the Philippine judicial system consists of the following courts:chanroblesvirtuallawlibrary Lower Courts I. Municipal Trial Courts and Municipal Circuit Trial Courts Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more municipalities. II. Metropolitan Trial Courts and Municipal Trial Courts in Cities Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts. In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts in Cities.
III. Regional Trial Courts Regional Trial Courts were established among the thirteen regionsin the Philippines consisting of Regions I to XII and the National CapitalRegion (NCR). There are as many Regional Trial Courts in each regionas the law mandates.IV. Sharia Courts Equivalent to the Regional Trial Courts in rank are the ShariaDistrict Courts which were established in certain specified provinces inMindanao where the Muslim Code on Personal Laws is beingenforced. Equivalent to the Municipal Circuit Trial Courts are theSharia Circuit Courts which were established in certain municipalitiesin Mindanao. There are five Sharia District Courts and fifty one Sharia CircuitCourts in existence.V. Court of Tax Appeals A special court, the Court of Tax Appeals, composed of aPresiding Judge and two Associate Judges, is vested with theexclusive appellate jurisdiction over appeals from the decisions of theCommissioner of Internal Revenue and the Commissioner of Customson certain specific issues.
VI. Sandiganbayan A special court, the Sandiganbayan, composed of aPresiding Justice and eight Associate Justices, has exclusivejurisdiction over violations of the Anti-Graft and Corrupt PracticesAct [Republic Act No. 3019], the Unexplained Wealth Act[Republic Act No. 1379] and other crimes or felonies committedby public officials and employees in relation to theiroffice, including those employees in government-owned orcontrolled corporations.VII. Court of Appeals The Court of Appeals, composed of one Presiding Justiceand sixty eight Associate Justices is vested with jurisdiction overappeals from the decisions of the Regional Trial Courts andcertain quasi-judicial agencies, boards or commissions.The Highest Court - Supreme Court The Supreme Court is the highest Court in the Philippines.There is only one Supreme Court composed of one ChiefJustice and fourteen Associate Justices. It is the final arbiter ofany and all judicial issues. When so deciding, it may sit en bancor in divisions of three, five or seven members.
D. Corrections This pillar undertakes the reformation of offenders. Therehabilitation of offenders is aimed towards their eventualassimilation into society. The key government agencies responsible for institutionalcorrection are the following : 1. The Bureau of Corrections.charged with the custody as well as with the rehabilitation ofnational offenders, that is, those sentenced to serve a term ofimprisonment of more that three (3) years.
DIRECTOR Asst. Dir. For Admin Public Info. LegalAdministrative Gen. Service Supply Management Budget & Accounting Division Division Division Division Finance Div Division Reception & Diagnostic New Bilibid Prison Center Correctional Institute for Woman Davao Prison and Penal Farm Ihawig Prison and Penal Farm Sablayan Prison and Penal Farm San Ramon Prison and Penal Farm Leyte Regional Prison
2. Provincial Jails All provincial jails in the country are placed under the respectiveprovincial governments pursuant to the provision of Section 61 of Republic Actno. 6975 which states : “x x x The provincial jails shall be supervised andcontrolled by the provincial government within its jurisdiction x x x.” 3. Municipal Jails/City Jails Municipal Jails and City Jails, on the other hand, are administered bythe Bureau of Jail Management and Penology (BJMP) created also under RANo. 6975. BJMP is placed under the Department of the Interior and LocalGovernment. BJMP is mandated to establish jails in every district, city, andmunicipality and to maintain secured, clean, adequately equipped, and sanitaryjails for the custody and safekeeping not only of city prisoners and municipalprisoners but also of : fugitives from justice, detainees, and violent/mentally illpersons (Section 63, RA No. 6975).
E. Community After convicts have passed through the Correction Component - eitherunconditionally (as by full service of the term of imprisonment imposed onthem), or by parole, or by pardon - they revert to the COMMUNITY and eitherlead normal lives as law-abiding citizen in their barangays or regrettably commitother crimes and thus go back through the same stages of the Criminal JusticeSystem. The community at large - through the appropriate legislativeagencies, public and private educational institutions, parents andguardians, churches, religious organizations, civic associations, etc. - developsand exacts conformity with acceptable moral and ethical values, creates theenvironment for the development of civic-spirited citizens, and fosters respectfor and observance of the Rule of Law. In particular, members of the community having knowledge of factsrelevant to the investigation or prosecution of crimes, are expected to cooperatewith law enforcers and investigators, by reporting crimes and giving evidenceagainst the offenders.
Attorneys in private practice, or pertaining to associations committed togiving legal aid to indigent or otherwise deserving individuals, should bereckoned as part of the fifth component of the CJS, the community. Theyparticipate directly or indirectly in the Criminal Justice System by renderinglegal advice to, or representing, persons involved in criminal actions before theduly constituted authorities. The Community Component should also include key governmentinstitutions that play bit, albeit, important roles in the CJS, such as the Bureauof Posts which delivers court documents, notices, and other processes; theBureau of Immigration & Deportation which may prevent the departure ofsuspects from the country; the Bureau of Telecommunications whichtransmits communications by telephone, telegram, or radio; and governmenthospitals and medical centers (like the National Psychopathic Hospital)which furnish experts who may enlighten the courts on issues involvingmedicine, surgery, or other sciences. Private institutions and civic organizationsshould also be deemed part hereof since they may also have significant roles toplay in Criminal Justice System.
Of late, serious efforts have already been started by thePhilippine National Police, in cooperation with theDepartment of Interior and Local Government, to betterempower the barangays (the smallest political unit inPhilippine society) as well as other sectors of thecommunity so that they may serve the Criminal JusticeSystem more comprehensively. This is in line with theCommunity Oriented Policing System being adopted bythe PNP pursuant to the provision of Section 2 ofRepublic Act No. 8551 (which amended RA No. 6975)which declared that : “The PNP shall be a communityand service oriented agency responsible for themaintenance of peace and order and public safety.”
Importance of Coordination Among the Five Pillars It should now be evident that the Philippine Criminal Justice System isnot just the agencies charged with law enforcement; not just the prosecutionarm of the government; nor just the courts; nor just the correctional system, norjust the community. The Criminal Justice System is all of these "pillars"considered collectively. So also, it should now be obvious that, for an efficacious CriminalJustice System to work speedily, it is essential for all these five (5) pillars towork with dispatch and in full coordination with each other. Any perceivedfailure of the CJS in a particular given case due to some deficiency in one pillarcannot be blamed upon any of the other pillars.