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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.
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.
CRIME IS MULTI-FACETED
 a social problem,
 a political problem,
 a spiritual problem, and
 an economic problem
 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
C
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C
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E
C
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I
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N
S
C
O
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5
PILLARS
OF THE
CRIMINAL JUSTICE SYSTEM
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.
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 :
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; and
h. 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 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
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.
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.
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.
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
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 :
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.
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.
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.
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.
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
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.
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
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
BUREAU OF CORRECTIONS
INMATE PROFILE (In-Conference)
As of August 2002
NBP CIW IPPF DPPF SRPPF SPPF LRP TOTAL
ACCDG. TO CRIMES
COMMITTED
16,046 937 1,840 2,979 1,029 843 894 24,569
Murder 4,162 68 338 615 220 145 316 5,864
Robbery 1,404 28 107 283 40 153 48 2,070
Homicide 3,315 16 808 1,114 305 280 331 6,169
Theft 356 80 88 210 40 45 23 802
Parricide 174 20 16 17 12 4 2 245
Kidnapping 309 53 4 15 6 4 1 392
Rape and Sex Offense 1,843 9 174 505 118 76 116 2,842
Ill. Pos. of Fire Arms 572 5 63 49 39 39 21 788
Estafa 110 146 1 3 5 3 5 282
Malversation 48 8 2 7 0 0 0 65
Drugs (RA 6425) 1,384 249 80 120 50 51 13 1,947
Arson 75 2 13 13 4 2 1 110
Carnapping 1,579 8 45 20 17 19 8 1,894
Ill. Recruitment 180 228 0 0 1 0 9 418
Others 526 39 121 8 162 22 2 880
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).
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.
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.
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.”
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.
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.
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
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
THANK YOU

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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
  • 25. BUREAU OF CORRECTIONS INMATE PROFILE (In-Conference) As of August 2002 NBP CIW IPPF DPPF SRPPF SPPF LRP TOTAL ACCDG. TO CRIMES COMMITTED 16,046 937 1,840 2,979 1,029 843 894 24,569 Murder 4,162 68 338 615 220 145 316 5,864 Robbery 1,404 28 107 283 40 153 48 2,070 Homicide 3,315 16 808 1,114 305 280 331 6,169 Theft 356 80 88 210 40 45 23 802 Parricide 174 20 16 17 12 4 2 245 Kidnapping 309 53 4 15 6 4 1 392 Rape and Sex Offense 1,843 9 174 505 118 76 116 2,842 Ill. Pos. of Fire Arms 572 5 63 49 39 39 21 788 Estafa 110 146 1 3 5 3 5 282 Malversation 48 8 2 7 0 0 0 65 Drugs (RA 6425) 1,384 249 80 120 50 51 13 1,947 Arson 75 2 13 13 4 2 1 110 Carnapping 1,579 8 45 20 17 19 8 1,894 Ill. Recruitment 180 228 0 0 1 0 9 418 Others 526 39 121 8 162 22 2 880
  • 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