The document provides an overview of the Philippine criminal justice system. It discusses the key stages and institutions involved, including: 1) Law enforcement agencies like the police that conduct investigations of reported crimes. 2) Prosecutors that evaluate evidence from police investigations and file criminal charges in court. 3) Courts that oversee legal proceedings, determine guilt or innocence, and sentence those convicted. 4) Correctional institutions that incarcerate and aim to rehabilitate those sentenced. 5) The role of communities in preventing crime and cooperating with law enforcement. The criminal justice process aims to both punish wrongdoers and promote deterrence, retribution and behavioral change.

2. I
Is a legal process adapted by a
civilized society in the prevention and
solution of crimes which is carried on
through INVESTIGATION and the
persons suspected thereof is taken
into legal custody, prosecuted in a
court of law, and punished if found
guilty, or acquitted if found innocent,
provision being made for his/her
correction and rehabilitation

3. An overview of the Philippine
Criminal Justice system
The Philippines, like any other country
that function under a system of a
democratic society, operates its criminal
justice system apparatus whereby society
identifies, investigates, accuses, tries
convicts, punishes, and rehabilitation
criminal offenders. Hence, the Philippines
Criminal Justice System may be viewed in
three (3) challenging perspectives, such
as the following:

4. First
It assert the idea of deterrence, the notion that the
threat of sanctions can prevent crimes by creating a fear
of punishment for those who might break the law;
Second
It adheres on the principles of the retribution, the
idea that criminal offenders deserve to suffer for the
harm they have done, and their punishment should be
proportionate to the harm inflicted; and
Third
It support on the notion of behavioral change, which
proposes that criminal sanctions should aim to reform
convicted criminal offenders so that they will stay away
from crime in the future.

5. THE CRIMINAL JUSTICE SYSTEM AS
PART OF THE TOTAL SOCIAL
SYSTEM IN THE PHILIPPINES
In the Philippines the criminal
justice line-agencies is composed of,
the Police, Prosecution, Court,
Correctional Institutions,
Community ,as it is illustrated in the
diagram below.

6. Economic system
Educational system Technological system
Health care system
Political system Criminal Justice system
Other systems

7. PROSECUTION LAW ENFORCEMENT
JUDICIAL COMMUNITY
CORRECTIONAL

8. The Formal Criminal Justice
Process
One way of understanding the Criminal
Justice is to view it as a process that takes
criminal offender through a series of the decision
points beginning with the arrest and concluding
with the reentry into society. A comprehensive
view of formal Criminal Justice process would
normally start with the interactions of the criminal
justice components as it is shown on the
diagram below whereby the flow of violators
passes through criminal Justice System
sequential order.

9. Community
Violators Correctional
Law Enforcement Court
Prosecutor
Flow of violators through the Criminal Justice System

10. Police/Law Enforcement
Specifically, the first stage in the
criminal justice process pertains
police or Law enforcement activities
which is carried on through
INVESTIGATION of crimes that are
reported to or discovered by the
police or Law enforcers.

11. A. POLICE INVESTIGATION
1.Initial contact
The initial contact with the criminal justice
system takes place as a result of a police
actions.
Example.
A police assigned on patrol observed a
person actually committing a crime, or contacted
by a victim who reports a crime, the police
respond by going to the scene of the crime to
investigate.

12. 2. Investigation
The purpose of the investigatory
stage is to gather sufficient evidence to
identify the suspect and support a legal
arrest.
The process of investigation
includes but not limited to:
a. Surveillance and observation of suspects
b. Taking of photographs surreptitiously or
otherwise

13. c. Interview of persons with personal
knowledge of facts
d. Entrapment suspects ( with consent of the
court) when feasible
e. Search of premises or persons and
seizures of objects, subject to
constitutional and statutory safeguards
f. Examination of public and other available
records pertaining to persons involved in
crimes

14. Arrest
The arrest power of the police involved the
taking of a person into custody in accordance
with lawful order and holding the person to
answer for a violation of the criminal law.
Custody
The moment after an arrest is made ,
the detained suspect is considered under
police custody and is now restricted of his
freedom of movement. The police may
wish to search the suspect for weapon or
contraband.

15. Charging
If the arresting officer or his superior believe that
sufficient evidence exists the person is charge with
specific crime for which he had been arrested.
NOTE:
In every stage of these processes, the police is mandated
by law to appraise the person or suspect of his
constitutional rights, otherwise the failure (intentional or
unintentional) of the police will be held criminally liable
for noncompliance thereof.
B. REFERRAL
After the formal investigation has been completed the
police has to referred the investigation repiort to the
prosecutors office, including the evidences (Physical or
documentary proof) and the suspect if he is in custody.

16. C. COURT APPEARANCE/DUTY
The police (investigator or
arresting officer) when summon by the
court must appear in court to stand as
witness for the prosecution.

17. PROSECUTION
The prosecution arm of the government is
generally vested in the department of justice
(Administrative code of 1987) under the
direction, supervision and control of the
secretary of justice where the interest of the
government is in issue. The prosecution service
is made up of the Chief State Prosecutor, The
Regional Prosecutors, The Provincial
Prosecutors, The City/Municipal Prosecutors,
and such others Prosecutorial offices as may be
establish by law.

18. Secretary of the Dept.
of Justice
Undersecretary of the Dept.
of Justice
CHIEF STATE PROSECUTOR
Investigation and
Appeal
Prosecution Division
Division
Legal Opinion
Division
Regional Sate Prosecutor, Provincial
Prosecutor City Municipal Prosecutor

19. 1. EVALUATE, screen and review the
police investigation report referred to
them or other complaint filed directly
with them by individual persons (e.g.
private citizens who are victims or
have personal knowledge of crime,
government officers in charge with
the enforcement of the law violated.)

20. 2. FILE THE CORRESPONDING
INFORMATION OR CRIMINAL
COMPLAINT in the proper court of law on
the basis of the evaluation of the proof
(evidence at hand)
3. PROSECUTE
The alleged offender in the court of
law. That is, if the element of the crime
alleged to have been committed is
present. It is the prosecutor task of
bringing the offender to the court through
criminal proceedings.

21. THE PUBLIC ATTORNEY’S
OFFICE (PAO)
THE DEFENDER
The 1987 Philippine Constitution state
in part, “in all criminal prosecution, the accused
shall enjoy the rights to have assistance of
counsel.” Everyone rich or poor, is entitled to be
defended by a Public Defense attorney when
charges are brought against him or her, that is, if
the individual cannot afford to pay or hire a
private defense counsel, the states must provide
one free of charge.

22. As soon as a person is arrested he or she
needs a defense attorney. If such a need does
not immediately come to mind, the police
routinely remind the suspect that, “you have the
right to Attorney.” And, the role of the defense
attorney begins almost as soon as the arrest
occurs, for the accused needs the assistance of
counsel to make sure that the interrogation and
other pretrial procedures are conducted in a
constitutional manner. The defense counsel may
even conduct his own investigation
independently to assert the defense of the
accused.

23. The organizational structure of the
department of justice show the office of the
Public Attorney and its functions
Secretary of Justice
Undersecretary of Justice
PUBLIC ATTORNEY’S OFFICE
Regional Offices
District/City Offices

24. Function
To provide free legal assistance and services to
indigent members of society.
Objectives
Humanitarian and democratization of justice.
Activities
1. to render legal assistance, advice and counseling
to indigents;
2. to render legal documentation services to
indigents;
3. to extend mediation services to indigents;
4. to represent indigents or immediate members of
their families in all civil and criminal cases, including
administrative and labor cases; and
5. to assist or represent indigents detention prisoners
upon request.

25. COURT
Are the judicial tribunals upon which the
judicial power of the government is vested in one
Supreme Court and such other courts that may
be established by law. The Supreme Court is the
highest court of the land. It is a review court of
last resort, for no appeal lies its judgments and
final orders. It exercise appellate jurisdiction over
cases decided by the Court of Appeals or
Regional Trial Courts. As a rule only question of
law may be raised in appeal to it.

26. Appeals to the Supreme Court are never a
matter of right. The only exception to this rule is
when the penalty of death, reclusion perpetua,
or life imprisonment has been imposed either by
the Regional Trial Court (RTC) or the Court of
Appeals; where the case goes automatically to
the Supreme Court for review, even if the
accused does not appeal. And in any of these
three cases (penalty of death, reclusion
perpetua, or life imprisonment) the issues of
facts and law may be raised before and decided
by the Supreme Court

27. Judicially, the power of the courts
are:
1. To settle actual controversies
involving rights which legally demandable
and enforceable, and
2. To determine whether or not there
has been a grave abuse of discretion
amounting to lack or excess of jurisdiction
on the part of any branch or instrumentally
of the gevernment.

28. Jurisdiction of the Courts
Jurisdiction as used in a judicial point of vies
is defined as the power to try and decide or hear
and determine a cause.
To try and hear simply means to receive
evidence from the parties (including their
arguments according to fixed of rules).
To decide or to determine means to resolve
the dispute by applying the law to the facts
(established by evidence).

29. THE BASIC COURT SYSTEM IN
THE PHILIPPINES
In the
Supreme Court (SC)
Philippines the
regular courts Review Court
engage in the
Court of Appeals
administration (CA)
of justice is
organized into
four (4) levels Regional Trial
as depicted in Court (RTC)
the following Trial courts
Metropolitan TC
diagram MTCC
MCTC

30. THE FOUR-LEVEL INTEGRATED COURT
SYSTEM IN THE PHILIPPINES
FIRST LEVEL COURTS
A. Metropolitan Trial Courts
B. Municipal Trial Courts (in Cities)
C. Municipal Circuit Trial Courts
They try and decide only the particular
types or classes of cases specified by law.
Criminal action within their respective
jurisdiction includes those involving violation of
city and municipal ordinances committed within
their respective jurisdictions, and offenses
punishable with imprisonment not exceeding
six (6) years.

31. SECOND LEVEL COURTS
At the second level courts are the
Regional Trial Courts which composes of
several branches. They are courts of
general jurisdiction; they try and decide
not only the particular or kind of cases
assigned to them by law, but also those
which are not otherwise within the
jurisdiction of the courts of the first level.

32. THIRD LEVEL COURT
At the third level is the Court of
Appeals (CA). It is essentially an appellate
court (not a trial court), it review cases
appealed to it from the Regional Trial
Courts. It may review cases on Question
of facts and law.

33. FOURTH LEVEL COURT
At the fourth level court is the Supreme
Court (SC). It is the highest court of the
land. It is the court of last resort, for no
appeal lies from its final judgments and
final orders. It exercises appellate
jurisdiction over cases decided by the
Court of Appeals or the Regional Trial
Courts. As a rule, only question of law
may be raised in appeal to it.

34. In Summary, the role of the Courts in
criminal action proper start with:
a. issuance of the Warrant of
Arrest
b. to Arraignment
c. to Pre-trial Conference
d. to trial
e. to judgment
f. an d finally to the execution of
the sentence.

35. CORRECTIONAL INSTITUTIONS
The fourth stage in the Criminal Justice
process refers to the penal or correctional
process which primarily involved in the custody
and safe-keeping of convicts criminal offenders.
Hence, when the court find the accused guilty
(as charged) beyond reasonable doubt, it
sentence him with the corresponding penalty.
And, if the penalty becomes final and executory,
the offender is passed on the Correctional
Institutions.

36. Further, as a form of punishment, the
isolation of the convicts by imprisonment
for the period laid down by the courts, or in
extreme cases, their execution by the
method prescribed by law, including
correction and rehabilitation, are functions
undertaken by the institution, set up by the
law; that is, the Bureau of Corrections,
The Parole and Probation Administration

37. COMMUNITY
The fifth stage in the criminal justice process
refers to the participation of the community at
large in the detection and prevention of all form
of criminal activities. In particular, members of
the community having knowledge of facts
relevant to the investigation and prosecution of
crimes, are expected to cooperate with the law
enforcers and investigators, by reporting crimes
and giving of evidence against the offenders.
The community (law-abiding citizens) is a potent
source of information as regards to crimes and
criminals.

38. Information
Filed
Decision to Preliminary
Charge Examination
Arrest or Defendant NOT
Investigation Held to Answer
C.T
Decision to
Charge
C.T
Guilty Parole
Pleading Convicted
Plea and/or Convicted
Negotiation Arraignment
Probation
Not
Trial
Guilty
Case Terminated
C.T Acquitted C.T
Release after
service of
sentence
ROUTE OF THE ACCUSATORY PLEADING IN FELONY
PROSECUTION