this is all about criminal justice system of the philippines that includes the pillars of law enforcement, prosecutions, courts, corrections and community.
Accordingly, it is a system of practices employed by organizations used by the government in maintaining social control, deterring and controlling crime and sanctioning those who violate laws with criminal penalties.
It is the mechanism that society uses to maintain standards of conduct necessary to protect individuals and itself.
The purpose of the CJS is to deliver justice for all by convicting and punishing the guilty and helping them to stop offending
while protecting the innocent.
It is responsible for detecting crime and bringing it to justice; and in the process rehabilitate and reform criminal offenders and make them useful citizens in our society.
The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.
How to hurdle the Criminologist Licensure Examination with RA 11131 by Charle...Charlemagne James Ramos
How to hurdle the Criminologist Licensure Examination with RA 11131
[REPUBLIC ACT NO. 11131]
AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AN APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506 OTHERWISE KNOWN AS “AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGIST IN THE PHILIPPINES”
The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.
How to hurdle the Criminologist Licensure Examination with RA 11131 by Charle...Charlemagne James Ramos
How to hurdle the Criminologist Licensure Examination with RA 11131
[REPUBLIC ACT NO. 11131]
AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AN APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506 OTHERWISE KNOWN AS “AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGIST IN THE PHILIPPINES”
The Responsibility of the Judicial Police Officer under Cameroonian Lawijtsrd
This paper looks at the legal and institutional framework and the procedural mechanisms involved in rendering judicial police officers accountable for offences committed while performing their duties. The difficulties involved in getting a judicial police officer answer for his criminal misconduct will be of particular interest. Challenges facing the criminal trial process prior to and after the enactment of a single criminal procedure code in Cameroon are also examined and recommendation offered with the view to enhancing the criminal trial of judicial police officers in Cameroon without hampering the smooth running of their duties. Ngatchou Toto Carles "The Responsibility of the Judicial Police Officer under Cameroonian Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29731.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/29731/the-responsibility-of-the-judicial-police-officer-under-cameroonian-law/ngatchou-toto-carles
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
2. criminal justice system 2.ppt
1.
2. is a system of practices employed by organizations
used by the government in maintaining social control,
deterring and controlling crime and sanctioning those
who violate laws with criminal penalties.
is the mechanism that society uses to maintain
standards of conduct necessary to protect individuals
and itself.
3. Objective of CJS
The purpose of the CJS is to deliver justice for all
by convicting and punishing the guilty and
helping them to stop offending
while protecting the innocent.
It is responsible for detecting crime and bringing it
to justice; and in the process rehabilitate and reform
criminal offenders and make them useful citizens in
our society.
4. CRIME IS MULTI-FACETED
a social problem,
a political problem,
a spiritual problem, and
an economic problem
5. the process in a community
crime is investigated
person(s) suspected taken to legal custody
for prosecution in court
for punishment, if found guilty (correction
and/or rehabilitation)
renewed assimilation into mainstream society
7. The Five (5) Pillars of
Philippine Criminal Justice System
A. Law Enforcement
Philippine National Police (PNP) –
prime enforcers of the law
National Bureau of Investigation (NBI) –
which is under the Department of
Justice.
8. I. The Philippine National Police (PNP)
Creation/Nature/Powers and Functions.
The 1987 Philippine Constitution itself mandates that
there should be one police force that is national in scope
and civilian in character, and on the basis of this
constitutional precept, Republic Act No. 6975 created the
Philippine National Police as the premier law enforcement
agency that has the following powers and functions :
9. 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;
10. 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; and
h. Perform such other duties and exercise all other
functions as may be provided by law.
11. PHILIPPINE NATIONAL POLICE
ORGANIZATIONAL STRUCTURE (PER RA 6975)
OFFICE OF THE CHIEF PNP
OFFICE OF THE
INSPECTOR GENERAL
OFFICE OF THE DEPUTY
CHIEF FOR OPERATIONS
OFFICE OF THE DEPUTY CHIEF
FOR ADMINISTRATION
HUMAN
RESOURCE &
DOCTRINE
DEVELOPMENT
COMTROL-
LERSHIP
LOGISTICS PLANS
PERSONNEL &
RECORDS
MANAGEMENT
POLICE
COMMUNITY
RELATIONS
RESEARCH &
DEVELOPMENT
OPERATIONS
INVESTIGA-
TION
INTELLIGENCE
D I R E C T O R I A L S T A F F
LEGAL
SERVICE
ENGR.
SERVICE
FINANCE
SERVICE
LOGISTIC
SUPPORT
SERVICE
MARITIME
COMMAND
AVIATION
SECURITY
GROUP
NARCOTICS
COMMAND
POL-COM-
MUNITY
RELATIONS
COMMAND
TRAFFIC
MGMT
COMMAND
INTELLI-
GENCE
COMMAND
CRIME
LABORA-
TORY
COMMUNI-
TIONS &
ELECT.
COMMAND
SECURITY
COMMAND
CIVIL
SECURITY
GROUP
CRIMINAL
INVESTI-
GATION
COMMAND0
SPECIAL
ACTION
FORCE
HQS
SUPPORT
SERVICE
CHAPLAIN
SERVICE
MEDICAL
& DENTAL
SERVICE
COMP.
SERVICE
O P E R A T I O N A S U P P O R T U N I T S
A D M I N I S T R A T I V E S U P P O R T U N I T S
OFFICE OF THE CHIEF OF
THE DIRECTORIAL STAFF
NCR COMMAND
5 NCR
DISTRICT
COMMANDS
NCR REGIONAL
MOBILE FORCES
NCR POLICE
STATIONS /
PRECINTS
14 REGIONAL
COMMAND
14 REGIONAL
MOBILE FORCES
77 PROVINCIAL
POLICE
COMMANDS
15 CITY
POLICE
COMMANDS*
PROVINCIAL
MOBILE FORCE
COYS
DISTRICT
POLICE
COMMANDS**
CITY/MNCPL
POLICE
STATIONS
* ORGANIZED IN
HIGHLY URBANIZED CITIES
** ORGANIZED IN LARGE
PROVINCES
12. II. The National Bureau of Investigation (NBI)
Creation.
The National Bureau of Investigation saw its inception
on 13 November 1936 upon approval of Commonwealth Act
No. 181 by the legislature.
It was the brainchild of the late President Manuel L
Quezon. It was first organized as a Division of
Investigation (DI) patterned after the United States Federal
Bureau of Investigation.
13. The Bureau assumes an increasingly significant role
as a law enforcement agency, thus, on 19 June 1947 and
by virtue of Republic Act No. 157, it was reorganized into
the Bureau of Investigation.
The law was later amended by Executive Order No.
94 issued on 4 October 1947 renaming it into what it is
presently known i.e. the National Bureau of Investigation.
14. The National Bureau of Investigation is presently under the
Department of Justice performing the principal functions of
detecting, investigating, and prosecuting crimes towards the end
of preventing criminality. Among the activities the NBI conducts
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.
15. III. The National Law Enforcement Coordinating
Committee (NALECC)
Law Enforcement Coordinating Committees provides
cooperation and inter-agency coordination among all law
enforcement agencies in the Philippines
Law Enforcement Coordinating Committees are
organized firstly on a national level known as the National
Law Enforcement Coordinating Committee (NALECC).
Counterpart committees are also established in the
regions and in the provinces
16. 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.
a. Serve as a forum for dialogue and coordination among the
government agencies engaged in the enforcement of general
and special laws;
LECCs have the following duties and functions :
17. IV. The Peace and Order Councils (POCs)
Peace and Order Councils are created as avenues for inter-
agency coordination relative to the country’s peace and order
problems.
The Peace and Order Council is organized on a national level
(NPOC) with counterpart councils at regional levels and provincial
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.
18. B. Prosecution
National Prosecution Service
* the prosecution arm of the government
*composed of Provincial Prosecutors, City
Prosecutor, Regional Prosecutors, and State
Prosecutors
* placed under the supervision and control of DOJ.
19. Private lawyers should also be deemed part of the CJS
Prosecution Pillar because they already represent the
parties (the complainant or the respondent) even in
proceedings before the Prosecutors. So also, public
defenders - such as the members 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 the Prosecution Pillar.
20. C. (Judicial) Courts
The final determination of innocence or of guilt is
done by the Judicial Component (the Courts) through the
adjudication of criminal cases
Suffice it to say that, in the context of the Criminal
Justice System, after a suspect has passed through the
Prosecution Pillar, he is sent to the proper court of justice
which shall belabor itself in determining either innocence
or guilt.
21. Municipal
Circuit Trial
Municipal
Metropolitan
Municipal Trial
Courts in
Cities
Shari’a
Regional
S U P R E M E C O U R T
SANDIGANBAYAN
Court of Tax
Appeals
-Regular Courts
-Special Courts
COURT OF
APPEALS
Shari‘a
District Courts
Regional
Regional Trial
Courts
Shari’a
Shari’a
Circuit Courts
Municipal Trial
Courts
Municipal Trial
Courts in
Cities
Metropolitan
Metropolitan
Trial Courts
Municipal
Municipal Trial
Courts
Municipal
Circuit Trial
Municipal
Circuit Trial
Courts
22. D. Corrections
This pillar undertakes the reformation of offenders.
The rehabilitation of offenders is aimed towards their
eventual assimilation into society.
The key government agencies responsible for
institutional correction are the following :
1. The Bureau of Corrections.
charged with the custody as well as with the
rehabilitation of national offenders, that is, those
sentenced to serve a term of imprisonment of more than
three (3) years.
23. DIRECTOR
Asst. Dir. For
Admin
Public Info. Legal
Administrative
Division
Gen. Service
Division
Management
Division
Accounting
Division
Budget &
Finance Div
Supply
Division
Reception & Diagnostic
Center
New Bilibid Prison
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
24. BUREAU OF CORRECTIONS
INMATE PROFILE (In-Conference)
As of August 2002
NBP CIW IPPF DPPF SRPPF SPPF LRP TOTAL
BY REGION 16,046 937 1,840 2,979 1,029 843 894 24,569
NCR 4,972 486 435 18 4 109 15 6,039
Region 1 1,366 63 136 7 3 26 0 1,603
Region 2 625 47 16 4 3 16 1 714
Region 3 1,035 78 111 1 11 33 1 1,270
Region 4 1,959 95 391 0 8 154 7 2,614
Region 5 1,225 12 109 0 9 58 7 1,420
Region 6 1,289 18 200 0 14 139 3 1,668
Region 7 1,484 44 247 114 33 176 34 2,132
Region 8 608 24 62 18 8 81 789 1,570
Region 9 349 21 42 35 559 7 0 1,013
Region 10 447 25 28 1,312 141 23 4 1,980
Region 11 365 8 20 1,112 59 16 11 1,597
Region 12 265 18 35 358 176 0 17 867
CAR 48 0 0 0 0 12 0 60
CARAGA 5 0 0 0 0 6 0 11
ARMM 4 0 0 0 1 5 0 10
26. 2. Provincial Jails
All provincial jails in the country are placed under the respective provincial
governments pursuant to the provision of Section 61 of Republic Act no. 6975 which
states : “x x x The provincial jails shall be supervised and controlled 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 by the
Bureau of Jail Management and Penology (BJMP) created also under RA No. 6975.
BJMP is placed under the Department of the Interior and Local Government.
BJMP is mandated to establish jails in every district, city, and
municipality and to maintain secured, clean, adequately equipped, and sanitary
jails for the custody and safekeeping not only of city prisoners and municipal
prisoners but also of : fugitives from justice, detainees, and violent/mentally ill
persons (Section 63, RA No. 6975).
27. E. Community
After convicts have passed through the Correction Component - either
unconditionally (as by full service of the term of imprisonment imposed on them),
or by parole, or by pardon - they revert to the COMMUNITY and either lead
normal lives as law-abiding citizen in their barangays or regrettably commit other
crimes and thus go back through the same stages of the Criminal Justice System.
The community at large - through the appropriate legislative agencies,
public and private educational institutions, parents and guardians, churches,
religious organizations, civic associations, etc. - develops and exacts conformity
with acceptable moral and ethical values, creates the environment for the
development of civic-spirited citizens, and fosters respect for and observance of
the Rule of Law.
In particular, members of the community having knowledge of facts
relevant to the investigation or prosecution of crimes, are expected to cooperate
with law enforcers and investigators, by reporting crimes and giving evidence
against the offenders.
28. Attorneys in private practice, or pertaining to associations committed to
giving legal aid to indigent or otherwise deserving individuals, should be reckoned
as part of the fifth component of the CJS, the community. They participate directly
or indirectly in the Criminal Justice System by rendering legal advice to, or
representing, persons involved in criminal actions before the duly constituted
authorities.
The Community Component should also include key government
institutions that play bit, albeit, important roles in the CJS, such as the Bureau of
Posts which delivers court documents, notices, and other processes; the Bureau of
Immigration & Deportation which may prevent the departure of suspects from
the country; the Bureau of Telecommunications which transmits
communications by telephone, telegram, or radio; and government hospitals and
medical centers (like the National Psychopathic Hospital) which furnish experts
who may enlighten the courts on issues involving medicine, surgery, or other
sciences. Private institutions and civic organizations should also be deemed part
hereof since they may also have significant roles to play in Criminal Justice System.
29. Of late, serious efforts have already been started by
the Philippine National Police, in cooperation with the
Department of Interior and Local Government, to better
empower the barangays (the smallest political unit in
Philippine society) as well as other sectors of the
community so that they may serve the Criminal Justice
System more comprehensively. This is in line with the
Community Oriented Policing System being adopted by
the PNP pursuant to the provision of Section 2 of Republic
Act No. 8551 (which amended RA No. 6975) which declared
that : “The PNP shall be a community and service
oriented agency responsible for the maintenance of
peace and order and public safety.”
30. Importance of Coordination Among the Five Pillars
It should now be evident that the Philippine Criminal Justice
System is not just the agencies charged with law enforcement; not
just the prosecution arm of the government; nor just the courts; nor
just the correctional system, nor just the community. The Criminal
Justice System is all of these "pillars" considered collectively.
So also, it should now be obvious that, for an efficacious
Criminal Justice System to work speedily, it is essential for all these
five (5) pillars to work with dispatch and in full coordination with
each other. Any perceived failure of the CJS in a particular given case
due to some deficiency in one pillar cannot be blamed upon any of
the other pillars.
31. Common problem of
Policeman to Prosecutors
Mabagsik and Masungit
Corrup (naka pay roll sa drug
Lord, Sindikato, Sugalan etc)
Maarte
Lazy, tardy or always absent
Prosecutors to Policeman
Corrupt (naka payroll or may
patong sa sindikato etc)
Inefficient
Doesn’t appear in hearings
especially with regard to drug
cases.
“De Kahon” affidavits especially
with regard to drug cases.
32. Common Misconceptions of Both Sides
“Case Solved” mentality
Cases will be won in Court solely based on the expertise of
the Prosecutor
Case was dismissed or the accused acquitted because the
prosecutor or the judge is corrupt
Most buy-bust operations are stage manage by corrupt
policemen
Policemen raid beerhouses/gambling joints whose
operations do not want to pay protection money
33. Main Problems
Wrong Suspect
Wrong case Theory
Half-Baked case
Incomplete Evidence
Weak Evidence
Chain of Custody of Evidence
Inexperienced/Unprepared Prosecutor
Corrupt Lawmen/Prosecutor/Judges
Intervention/Meddling of Higher-Ups/Religious groups
and Politicians