2. 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."

3. 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
don't 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.

4. Justice ensures:
 that people receive their "fair share" of
the goods available;
 that people receive "fair treatment" from
society's institutions;
 that people's actions conform to rules of
"fair play";
 and that any injustices are adequately
addressed.

5. Understanding of Justice
 Justice as harmony
 Plato's definition of justice is that justice is
the having and doing of what is one's 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

6.  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.

7.  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 Newton's 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.

8.  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

9.  Types of justice
 Distributive/economic justice
○ refers to the extent to which society's institutions
ensure that benefits and burdens are distributed
among society's 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.

10. 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.

11.  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

13. CRIME IS MULTI-FACETED
 a social problem,
 a political problem,
 a spiritual problem, and
 an economic problem

14. COMMUNITY
Law
VIOLATOR Prose- Correc-
Enforce- Judicial
cution tional
ment
Flow of Violators through the Criminal Justice System
(Philippine System)

15. “the process in a community by which a
crime is investigated, and the person(s)
suspected for the commission thereof is/are
taken into legal custody for prosecution in
court and for punishment, if found guilty, with
provisions being made for the correction
and/or rehabilitation of the offender(s) to
ensure renewed assimilation into mainstream
society after service of sentence”.

16. 5
PILLARS
OF THE
CRIMINAL JUSTICE SYSTEM
E P C
N R O C
F O R O
C
O S R M
O
L R E E M
U
A C C C U
R
W E U T N
T
M T I I
S
E I O T
N O N Y
T N S

17. 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 of
Investigation (NBI) - which is under the
Department of Justice.

18. 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 :

19. 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.

20. 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

21. 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.

22. 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.

23. 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.

24. 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

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. SUPREME COURT
COURT OF
APPEALS SANDIGANBAYAN
Court 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

31.  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.

32. III. Regional Trial Courts
Regional Trial Courts were established among the thirteen regions
in the Philippines consisting of Regions I to XII and the National Capital
Region (NCR). There are as many Regional Trial Courts in each region
as the law mandates.
IV. Shari'a Courts
Equivalent to the Regional Trial Courts in rank are the Shari'a
District Courts which were established in certain specified provinces in
Mindanao where the Muslim Code on Personal Laws is being
enforced. Equivalent to the Municipal Circuit Trial Courts are the
Shari'a Circuit Courts which were established in certain municipalities
in Mindanao.
There are five Shari'a District Courts and fifty one Shari'a Circuit
Courts in existence.
V. Court of Tax Appeals
A special court, the Court of Tax Appeals, composed of a
Presiding Judge and two Associate Judges, is vested with the
exclusive appellate jurisdiction over appeals from the decisions of the
Commissioner of Internal Revenue and the Commissioner of Customs
on certain specific issues.

33. VI. Sandiganbayan
A special court, the Sandiganbayan, composed of a
Presiding Justice and eight Associate Justices, has exclusive
jurisdiction over violations of the Anti-Graft and Corrupt Practices
Act [Republic Act No. 3019], the Unexplained Wealth Act
[Republic Act No. 1379] and other crimes or felonies committed
by public officials and employees in relation to their
office, including those employees in government-owned or
controlled corporations.
VII. Court of Appeals
The Court of Appeals, composed of one Presiding Justice
and sixty eight Associate Justices is vested with jurisdiction over
appeals from the decisions of the Regional Trial Courts and
certain 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 Chief
Justice and fourteen Associate Justices. It is the final arbiter of
any and all judicial issues. When so deciding, it may sit en banc
or in divisions of three, five or seven members.

34. 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 that three (3) years.

35. DIRECTOR
Asst. Dir. For
Admin
Public Info. Legal
Administrative 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

36. 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).

37. 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.

38. 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.

39. 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.”

40. 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.