A criminal is defined as a person convicted of a crime by final judgment. During different stages of the criminal justice process, an individual may be referred to as a suspect, respondent, accused, person deprived of liberty, or ex-convict. Crime is classified according to the law punishing it, presence or absence of intent, gravity, impact on society, and presence or absence of an attempted or frustrated stage. The criminal justice system aims to prevent and control crime through its five pillars: law enforcement, prosecution, courts, corrections, and the community. Law enforcement activities include preventing crime, suppressing crime, apprehending criminals, conducting searches and seizures, investigating crimes, and protecting lives and property.

3. Preliminaries
Who is Criminal?
A criminal is a person convicted of crime by a final judgment.
If a person has just been arrested for the commission of crime and he is…..
 in the law enforcement stage, he is called suspect
 in the prosecution stage, he is called respondent
 In court, he is called accused
 In correction, he is called person deprived of liberty
 When he goes back to the community, he is called ex-convict
the term respondent may also refer to a person charged with an administrative
case.

4. What is the definition of Crime and
what are its classifications?
Crime is an act or omission punishable by law, forbidding or
commanding it.
Forbidden acts: (e.g killing) -Act
Commanding acts: (e.g refusal to discharge elective office) - Omission

5. The legal classification of crime are the
following:
 A. according to the law punishing it;
Felony - Revised Penal Code
Offense – Special Penal Code
Misdemeanor - Violation or Obstruction of Ordinance
 B. according to presence or absence of intent;
Intentional crime – with malice or intent (Dolo/Deceit)
Culpable crimes – without malice or intent (Culpa/Fault)
 C. according to gravity;
Grave Afflictive/Capital penalties (Exceed 6,000 pesos)
Less-grave; Correctional Penalties (not exceed 6,00 but not less than 200pesos)
Light feloniesArresto menor of fine not exceeding 200 pesos or both

6. Death Not Applied
Reclusion Perpetua 20 yrs 1 day to 40 yrs
Reclusion Temporal 12 yrs 1 day to 20 yrs
Prison Mayor 6 yrs 1 day to 12 yrs
Prison Correctional 6 mos 1 day to 6 yrs
Arresto Mayor 1 mo 1 day to 6 mos
Arresto Menor 1 day to 30 days
DURATION OF PENALTIES

7.  D. according to impact to the society;
Crimes mala inse - wrong or evil in itself
Crimes mala prohibita - an offense prohibited by statute but not
inherently evil or wrong.
 E. according to presence or absence of attempted and/or frustrated stage;
Formal crimes; and ( one single act ) always consummated
Material crime ( not single act ) = 3 stages are present

8. CONSUMATED, FRUSTRATED,
ATTEMPTED FELONIES
Consummated felonies, as well as those which are frustrated and attempted,
are punishable.
1. A felony is consummated when all the elements necessary for its execution
and accomplishment are present;
2. And it is frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which, nevertheless,
do not produce it by reason of causes independent of the will of the
perpetrator.
3. There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.

9.  Ex: A shoots B with intent to kill.
•If wounded or miss, ATTEMPT.
•If mortally wounded, but alive, FRUSTRATED
•If killed, CONSUMMATED.

10. As stated, a person is considered criminal if he/she is
convicted by final judgment. When does judgment become
final?
Judgment become final in any of the following instances:
1. After the lapse of fifteen (15) days to appeal;
2. When the accused waives his right to appeal;
3. When the accused applies for probation;
4. When the case is decided with finality by the Supreme Court and the right to file
motion for reconsideration is closed.
The term waive means renounce ( to formally say that he will no longer….)

11. What is the definition of Justice?
Justice is the act of rendering what are due and
treating persons equally. These persons must, however,
fall within the same classification.

12. Example:
Mr. Rambo Tan and Mr. Sierra Ul were convicted of a crime so they were thrown in prison to
serve the minimum penalty of five years imprisonment. They questioned their imprisonment
because according to them, their imprisonment violated the equal protection clause of the
Constitution for they cannot eat at McDonald’s and Jollibee anymore like what other persons are
doing. Are they correct?
in the preceding question, Mr. Rambo Tan and Mr. Sierra Ul applied for probation. Mr. Sierra
Ul was not granted because it was found out that he (Mr.Sierra Ul) was previously convicted of a
crime. Mr. Sierra Ul questioned the grant of probation to Mr. Rambo Tan and its denial to him.
According to him (Mr. Sierra Ul), such is a violation of the equal protection clause of the
Constitution. Is he correct? In other words, is the grant of probation to Mr. Rambo Tan and denial
to Mr. Sierra Ul resulted to injustice on the part of the latter?

13. No, Mr. Rambo Tan and Mr. Sierra Ul are not correct because conviction of a crime
justifies imprisonment. They belong to a class (convicts) different from those who did not
commit a crime.
No, the grant of probation to Mr. Rambo Tan and its denial to
Mr. Sierra Ul did not result to injustice to the latter because
probation is privilege. Previous conviction of a crime makes him
another class of person. ( Recidivist, Habitual Delinquent,
Quasi-recidivist)

14. Vizconde Massacre
 Happened on June 30, 1991
 20 yrs of searching for justice
 Only in December 2010 when the SC decided the case
 Accused are Acquitted
 Hubert Webb and 5 others

15. What is the meaning of System?
System is a combination of related elements
organized into a complex whole. It may also refer to the
process to be followed.

16. What is Criminal Justice System?
Criminal Justice System is the machinery
which society uses in the prevention and
control of crime.
It may also refer to the totality of the
activities of law enforcement, prosecution,
court, correction and community.
DUE PROCESS OF LAW

17. The Five Pillar of CJS and their
functions
1. Law Enforcement/Police
The law enforcement conducts arrest, search, seizure, etc. This is known as
the prime mover or front liner of the CJS.
it is not however accurate to consider Law Enforcement to be exactly the same with
Police. There are other agencies of the government which are charged with
enforcing laws aside from the PNP, as for instance, the Bureau of internal Revenue
(BIR) enforces tax laws.

18. 2. Prosecution
The prosecution conducts preliminary investigation to determine the
existence of probable cause. It may also conduct inquest proceeding to
determine the validity of the arrest of a person for the commission of a crime. If
it finds out that there is probable cause in preliminary investigation or if the
arrest is valid in an inquest proceeding, it must execute an information to be
filed in court.
sufficient reason based upon known facts
to believe a crime has been committed or
that certain property is connected with a
crime.

19. 3. Court
The court conducts trial to determine the guilt of the accused.
4. Correction
The correction reforms and rehabilitate offenders. this is known as
the weakest pillar of the Criminal Justice System.
5. Community
The community molds persons from birth and reintegrates
offenders back to their home. This is known as the core of Criminal Justice
System.

20. LAW
ENFORCEMENT
(Prime Mover)

21. What are the different Police Activities?
A. Prevention of crime
Prevention of crime is intended to prevent root causes of crime.
B. Repression or Suppression of crime
Repression or suppression of crime is done to reduce the opportunity of committing a
crime like the act of conducting patrol.
C. Apprehension of Criminals
Apprehending offenders is also known as arresting offenders

22. D. Conduct search and seizure
E. Investigation of crime; and
F. Protection of lives and property

23. The formula of crime:
CRIME = Desire + Opportunity (to commit crime)
_______________________________
Resistance (not to commit a crime)
If the combination of desire and opportunity is stronger than
resistance, crime will be committed
If the combination of desire and opportunity is weaker than
resistance, crime will not be committed.

24. Crime
Prevention
Crime
Control
Strengthen the
resistance and
weaken the
desire
Reduce
opportunity
Person
Commit
Crime
Law Enforcement

25. Arrest defined;
Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
Rules to be observed in conducting arrest;
1. No violence or unnecessary force shall be made in making an arrest;
2. The person arrested shall not be subjected to a greater restraint than that necessary for his detention;
3. It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest
police station or jail without unnecessary delay;
4. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to
be executed within ten (10) days from the receipt. Within 10 days after the expiration of the period, the
officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In
case of his failure to execute the warrant, he shall state the reason therefore; and
5. An arrest may be made on ANY DAY and AT ANY TIME OF THE DAY OR NIGHT.

26. What is warrant of arrest?
An order in writing issued in the name of the People of
the Philippines, signed by the judge and directed to a
peace officer, commanding him to arrest a person or
persons stated therein and deliver them before the court.

27. Requisites of a valid warrant of arrest;
1. It shall be issued upon probable cause;
2. The probable cause is determined personally by the judge upon
examination under oath or affirmation of the complainant and the
witnesses he may produce; and
3. Particularly describing the person to be arrested.
Oath – is applicable if the person making his affidavit believes in
God
Affirmation – is applicable if the person making his affidavit does
not believe in God.

28. What is the lifespan of warrant of arrest?
Does warrant
of arrest
expires?
NO
Only the crime expires
Forever!!!!

29. When in the presence of the
arresting person, the person
to be arrested has
committed, is actually
committing, or is attempting
to commit an offense
Warrantless Arrest or Citizen’s Arrest
Inflagrante Delicto – “caught in the
act of committing a crime”

30. When an offense has just been
committed and the arresting
person has probable cause to
believe based on personal
knowledge of the facts and
circumstances that the person to
be arrested committed it; and
Bring to the nearest police station and shall
undergo a PRELIMINARY INVESTIGATION or
INQUEST PROCEEDING

31. When the person to be arrested
is a prisoner who has escaped
from a penal establishment or
place where he is serving final
judgment or is temporarily or
confined while his case is
pending, or has escaped while
being transferred from one
confinement to another
This is known as
fugitive of justice
or escapee

32. What is the method of conducting an arrest
with warrant by a police officer?
When making an arrest by virtue of a warrant, the officer shall inform the
person to be arrested of the cause of the arrest and the fact that a warrant has
been issued for his arrest except when he flees or forcibly resist before the
officer has the opportunity to so inform him, or when the giving of such
information will imperil the arrest.
The officer need not have the warrant in his possession at the time of the
arrest but after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.

33. What is the method of conducting an arrest
without warrant by a police officer?
When making an arrest without a warrant, the officer shall inform
the person to be arrested of his authority and the cause of the arrest
unless the latter is either engaged in the commission of an offense, is
pursued immediately after its commission, has escaped, flees or
forcibly resist before the officer has the opportunity to so inform him,
or when the giving of such information will imperil the arrest.

34. What is the method of conducting an
arrest by a private person?
The private person, when making an arrest, shall inform the person
to be arrested of his authority and the cause of the arrest unless the
latter is either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees or forcibly resist
before the officer has the opportunity to so inform him, or when the
giving of such information will imperil the arrest.

35. What if the person lawfully arrested
escapes?
 Any person may immediately pursue or retake him without a warrant at
anytime and in any place within the Philippines.
 This is also known as Hot Pursuit.
Hot Pursuit – also known as Fresh
Pursuit, refers to the urgent and direct
pursuit of a criminal suspect by law
enforcement officers.

36. Rights of Police Officers conducting arrest
The right to
summon
assistance
The right to break
into building or
enclosure
The right to break
out from building or
enclosure
Assist him in
effecting the
arrest
If the person to be
arrested refused
admittance thereto
Break out
therefrom when
necessary

37. Rights of Arrested Persons
Right against torture, force,
intimidation and the like;
Right to be visited and conferred
privately with his lawyer in the jail or
any other place of custody at any hour
of the day or night, subject to
reasonable regulations.

38. What are the crimes maybe committed by a police
officer while conducting arrests, whether with or
without warrant?
A. Delay in the Delivery of Detained Persons to the Proper Judicial Authority
It is committed by public officer or employee who shall detain any person
for some legal grounds and shall fail to deliver such person to the proper judicial
authorities within the following period:
 12 hours for crimes punishable by light penalties
 18 hours for crimes punishable by correctional penalties
 36 hours for crimes punishable by afflictive or capital penalties (Art.125 of the
RPC)

39. Example:
A policeman arrested a person for the crime of rape which is punishable by afflictive
penalty. In such case, the arrested person must be charged before the court with the crime of
rape within 36 hours from arrest; otherwise, the arresting officer is liable for ARBITRARY
DETENTION
Any public officer or employee who, without legal grounds, detains
a person.

40. B. Unlawful Arrest
Unlawful arrest is committed by any person who, in any case other than
those authorized by law, shall arrest or detain another for the purpose of
delivering him to proper judicial authority.
Example:
A policeman who was investigating a crime arrested a person who was just
walking across a street, delivered him to the nearest police station, and filed a
criminal case against him. This is even if there is no sufficient evidence showing
showing that the arrested person was the one who committed the crime being
investigated.

41. What if the arrest is not authorized by law
and the person arrested is delivered to any
other place aside from the jail or police
station?
The arresting person may be
liable for the crime of
Kidnapping
Arbitrary Detention
– if the detaining
person is a PUBLIC
OFFICER OR
EMPLOYEE
Take Note: If the arresting person
detains someone without legal
ground, he is liable of either:
Illegal Detention
– if the detaining
person is a
PRIVATE PERSON

42. What if the arrest is not authorized by law
and with lewd design?
if the arrest is not authorized
by law and with lewd design, the
arresting person committed the
crime of Forcible Abduction.
Take Note: there is a lewd
design if the arresting person
has the intention to have
sexual intercourse with the
arrested person.

43.  C. Expulsion
Expulsion is committed by any public
officer or employee who, not being authorized
by law, shall expel any person from the
Philippine Islands or shall compel such person to
change his residence.
Example:
If a policeman arrests a person and places him in
another community directing the latter that it is better
if he is going to reside in that place.

44. Define Search Warrant
It is an order issued in the name of the People of
the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for
personal property described therein and bring it
before the court.

45. Requisites of a valid search warrant
It shall be issued upon probable cause
The probable cause is determined personally by the judge upon
examination under oath or affirmation o the complaint and the
witnesses he may produce
Particularly describing the things and place to be searched
Take Note: Search is define as
the act of looking carefully in
order to find concealed
items, on the other hand,
seizure is to take into custody
of something

46. Stolen or
embezzled and
other proceeds or
fruits of the
offense
A search warrant may be issued for the
search and seizure of the following personal
properties:
Subject of the
offense
Used or intended
to be used as a
means of
committing a
crime

47. Take Note: there are two kinds of properties and
they are real properties and personal properties.
Real properties are those which cannot be
transferred from one place to another, like lands,
buildings, roads and the like. While Personal
properties are those which can be transferred
(Ammunition, firearms, clothes and the like)
It must also be stressed further
that there is a need for a
policeman to be armed with
search warrant in conducting
search unlike the act of
conducting arrest.

48. When to serve a Search Warrant?
The search warrant must direct
that, it shall be served in the day
time, unless the affidavit asserts that
the property is on the person or on
the place ordered to be searched; in
which case, a direction may be
inserted that it be served at any time
of the day and night.
What is the life span of
search warrant?
It shall be valid within 10
days from its date.
Thereafter, it shall be void.

49. Distinctions between Warrant of Arrest
and Search Warrant
 The warrant of arrest and search warrant are orders in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer;
 The warrant of arrest and search warrant are issued only upon probable cause;
 The warrant of arrest in intended to arrest a person, while search warrant is to search and
seize things specified therein;
 The warrant of arrest remains valid as long as the person stated therein is not arrested
regardless of the number of days that already lapsed, while search warrant is valid
within10 days from issue;
 The warrant of arrest may not be in possession of the arresting person when conducting
arrest, while search warrant must be in possession of the conducting search and sezure;
and
 The warrant of arrest may be executed anytime of the day and night, while search
warrant, as rule, must be executed during daytime.

50. What is the rule in conducting Search
and Seizure?
As a rule, every search
and seizure must be
done by virtue of a
search warrant

51. The exemption to the rule include the
following:
1. CONSENTED SEARCH –
under this, the right against
unreasonable search and
seizure may be voluntarily
waived by a person being
searched provided the
following requisites of waiver
are present:
Existence of a right
Person has knowledge, either
actual or constructive, of the
existence of such right; and
Said person had an actual
intention of relinquishing such
right.

52. 2. SEARCH INCIDENTAL TO
LAWFUL ARREST – a person
lawfully arrested may be search
for dangerous weapons or
anything which may have been
used or constitute proof in the
commission of an offense
without search warrant.
Example :
if a policeman caught in the act
a man raping a woman, in that
instance, the policeman may arrest
and search that man even without a
warrant;

53. 3. PLAINVIEW SEARCH – illegal
things at sight my be seized even
without warrant to do so. The
things must be readily seen
without any effort of locating it.
Example:
While a policeman is
conducting patrol, he saw a
handgun held by a person whom
he believe not to be a policemen.
In such case, the policeman may
inquire about the license and
other documents pertinent to the
lawful possession of that handgun.
In case no document is presented,
that person may be arrested and
his handgun may be seized.
Another example:
If a policeman is conducting a raid
for a
METHYLENEDIOXYMETHAMPHTAMI
NE, he saw an mini plantation of
Marijuan plant at the backyard of the
house where they are conducting the
said raid, in such case the police man
may seized such items and bring
them before the court.

54. 4. SEARCH IN MOVING
VEHICLE (Checkpoint)–a search
made in checkpoint shall be
limited to visual search and
neither the vehicle nor the
occupants shall be subjected to
physical search or require the
passengers to alight from the
vehicle.
An extensive search may be
allowed only if the officers
have probable cause to
believe that they would find
evidence pertaining to the
commission of a crime in
the vehicle to be searched.

55. 5. CUSTOM SEARCH – the
personnel of BOC conduct
search to enforce customs law
or to regulate exports and
imports. Take Note: Those enumerated
instances is also known as
warrantless arrest.

56. Crimes may be committed by a Policeman
while conducting search.
VIOLATION OF DOMICILE
It is committed by any public officer or employee who, not being authorized by
judicial order, shall enter the dwelling against the will of the owner thereof,
search papers or other effects found therein without the previous consent of the
owner, or, having surreptitiously entered said dwelling and being required to
leave said premise, shall refuse to do so.

57. SEARCH WARRANT
MALICIOUSLY OBTAINED
It is committed by any public officer or employee who procures a search
warrant without just cause.
Example:
If a police officer applies for a
search warrant and intentionally
lied in his affidavit. Basing on said
affidavit the judge issued a search
warrant.

58. ABUSE IN THE AUTHORITY OF SEARCH
WARRANT LEGALLY OBTAINED
It is committed by any public officer or employee who has legally
procured a search warrant but he exceeds his authority or uses
unnecessary severity in executing the same.
Example:
If a police officer, in executing a search
warrant for opium, seized books, personal
letter and other property not related with
opium.

59. SEARCHING DOMICILE
WITHOUT WITNESSES
It is committed by any public officer or employee who is armed with a
search warrant legally procured and searches the domicile, papers, or
other belongings of any person without the presence of the owner, or any
member of the family, or at least two witnesses residing in the same
locality .

60. Example:
If a police officer, searches the house of a
person without the owner but the presence
of a seven years old child.
Is the
example
correct?
The phrase “any member of the family, or at least two
witnesses residing in the same locality” as stated above refers
to a person of sufficient age and discretion. A person is
considered of sufficient age if he attains the age of majority
(18) years old and he is of sufficient discretion if he is sane

61. CUSTODIAL INVESTIGATION
Is any questioning initiated by
law enforcement officers after a
person has been taken into
custody of otherwise deprived of
his freedom of action in any
significant way. It shall include the practice of
issuing “invitation” to a person who
is investigated in connection with
an offense he is suspected to have
committed, without prejudiced to
the liability of the “inviting” officer
for any violation of law.

62. Requisites of Custodial Investigation
The questions
being asked are no
longer general
inquiry
The person being
questioned is
considered as a
suspect in the
crime committed.
General Inquiry is a
question that may be
asked to any person.
What is your name?
How young are you?
Are you still single?
Where do you live?

63. In case of homicide:
A policeman is
interviewing a person to
determine if that person can
identify the suspect. Is there
custodial investigation in this
case?
None yet, because the
person being
investigated is not yet
considered as a suspect
in the crime committed.
This is even if in truth the
person being
investigated is the one
committed the crime.

64. What if a person is already considered as a
suspect so he is being investigated inside his
own house and the purpose of said
investigation is to determine his participation
in the crime committed, is there custodial
investigation? Yes there is. This is because the
determining factor in the
existence of custodial
investigation is whether or not
the requisites of CI are present.
The place of conducting
investigation is not a
determining factor.

65. THREE TOOLS OR 3 I’s OF CRIMINAL
INVESTIGATION
CRIMINAL
INVESTIGATION
Information

66. Information - is the knowledge
which the investigator gathered and
acquired from other person
Interrogation – is a questioning of a person
suspected of having committed an offense or of a
person who is reluctant to make a full disclosure of
information in his possession which is pertinent to
the investigation
Interview– is a questioning of
a person who is believed to possess
knowledge that is of official interest
to the investigator.
Instrumentation – is the application of
instruments and methods of physical science to the
detection of crime.
Criminalistics

67. Rights of a Person under Custodial
Investigation
Right to be informed of his right to remain silent
Right to have a competent and independent counsel preferably
of his own choice or to be provided with one.
Right against torture, force, violence, threat and intimidation or
any other means which vitiates his free will.
Right not to be held in secret, solitary, incommunicado, or any
other similar forms of detention.
These rights are also known as
“MIRANDA RIGHTS”
Miranda came from
the name of Ernesto
Miranda who was the
accused in a
prominent case
MIRANDA vs.
ARIZONA

68. The person under investigation shall have the
right to waive his right to remain silent and his
right to have counsel provided:
The waiver is
done voluntarily
In the presence of
a competent and
independent
counsel
In writing
Done intelligently

69. What if the rights are not complied by
the investigating person?
Any admission, confession, or
any other evidence obtained
during the investigation is
inadmissible in any proceeding.
This is known as the
“DOCTRINE OF THE
FRUIT OF POIONOUS
TREE
”This doctrine stated that any
evidence ILLEGALLY obtained is
not admissible in any court
proceeding.
In addition to the non-
admissibility of the
evidence obtained, the
investigating officer may
also be charged criminally,
administratively and civilly

70. But what if the investigating official is not a police
man? Is there a need for him to state the rights of
persons under investigation?
No need. These rights are being informed to
the persons being investigated only if the
investigating person is a law enforcer.

71. CONFESSION VS. ADMISSION
It is the direct
acknowledgment
of guilt
It is the indirect
acknowledgment
of guilt
Example: if the accused
acknowledges that HE
WAS THE ONE who
committed the crime.
Example: if the accused
acknowledges that HE
OWNS THE TOOLS USED
in the commission of
crime, but he does not
acknowledge that he was
the one who committed
the crime.

72. Take Note:
Confession and Admission have two kinds.
 Judicial Confession/Admission
Are those done in open court in the presence of the
judge.
 Extra-Judicial Confession/Admission
Are those made outside trial.