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Criminal justice system

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Introduction to the Criminal Justice System (CRJ 101)

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PHILIPPINE CRIMINAL JUSTICE

SYSTEM

CRIMINAL JUSTICE SYSTEM

  • The sum total of instrumentation which a society uses in the prevention and control of crime and delinquency
  • The machinery of the state or government which enforces the rules of conduct necessary to protect life and property and to maintain peace and order
  • The network of works and tribunals which deal with criminal law and its enforcement
  • Comprises all means used to enforce these standards of conduct, which are deemed necessary to protect individuals and to maintain general well-being of the community

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

  1. LAW ENFORCEMENT / POLICE
  2. PROSECUTION
  3. COURTS
  4. CORRECTIONS
  5. COMMUNITY

GOALS OF CRIMINAL JUSTICE SYSTEM

A. Primary Goals

  1. protect members of society
  2. maintenance of peace and order

B. Secondary Goals 1. prevention of crimes 2. the review of legality of the preventive and suppressive measures 3. the judicial determination of guilt or innocence of those apprehend 4. the proper disposition of those who have been legally found guilty 5. the correction by socially approved means of the behave if those who violate the criminal law

  1. the suppression of criminal conduct by apprehending offenders for whom prevention is ineffective

A. LAW ENFORCEMENT / POLICE

As the first pillar in the criminal justice system, the police is considered as the initiator of actions. Its actions and decisions essentially control or dominate the activities or functions of the other components.

Brief History

The institution of police in the Philippines formally started during the Spanish Era. The establishment of the police force was not entirely intended or crime prevention or peacekeeping rather, it was created as an extension of the colonial military establishment.

Ancient Roots

The forerunner of the contemporary police system was the practice of the barangay chieftains to select able-bodied young men to protect their barangay during the night and was not required to work in the fields during daytime. Among the duties of those selected were to protect the properties of the people in the barangay and to protect their (barangay’s) crops and livestock from wild animals.

Spanish Period

Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations of the Department of State. This was armed and considered as the mounted police. Years after, this kind of police organization discharged the duties of a port, harbor and river police.

Guardrilleros – this was a body of rural police organized in each town and established by the Royal Decree of 18 January 1836. This decree provides that 5% of the able0bodied male inhabitants of each province were to be enlisted in this police organization for three years.

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852 to partially relieve the Spanish Peninsular Troops of their work in policing towns. It consisted a body of Filipino policemen organized originally in each of the provincial capitals of the central provinces of Luzon under the Alcalde Mayor.

American Period

The Americans established the United States Philippines Commission headed by Gen. Howard Taft as its first governor- general. On January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act No. 70 of the Taft Commission. This has become the basis for the celebration of the Anniversary of the Manila’s Finest every January 9th.

ACT No. 175 – entitled “An Act Providing for the Organization and Government of an Insular Constabulary, passed on 18 July 1901.

Act No. 225 – the act that renamed the insular Constabulary into Philippine Constabulary, passed on 3 October 1901.

Executive Order 389 – ordered that the PC be one of the four services of the Armed Forces of the Philippines, dated 23 December 1940.

Post American Period

RA 4864 – otherwise known as the Police Professionalization Act of 1966, dated 8 September 1966 created the Police Commission (POLCOM) as a supervisory agency to oversee the training and professionalization of the local police forces under the office of the president. Later POLCOM was renamed National police Commission (NAPOLCOM).

-- under this Act, the City / Municipal police forces and its personnel were under the administrative and operational control and supervision of the Office of the President through the NAPOLCOM.

Martial Law Regime

PD 765 – otherwise known as the “Integration Act of 1975”, dated 8 August 1975; established and constituted the Integrated National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the integrated local police forces as components, under the Ministry of National Defense -- transferred the NAPOLCOM from the Office of the President to the ministry of National Defense -- also transferred to the INP the following powers and functions of the NAPOLCOM: training of policemen, establishment of the Police Integrated Communications System, grant of police subsidy and temporary disability benefits, among others.

Post Martial Law Regime

Executive Order No. 1012 – transferred to the city and municipal government the operational supervision and direction over all INP units assigned within their locality.

Executive Order No. 1040 – transferred the administrative control and supervision of the INP from Ministry of National Defense to the National Police Commission.

RA 6975 – otherwise known as the “Department of the Interior and Local Government Act of 1990”, enacted on 13 December 1990 -- reorganized the DILG and established the Philippine National Police, Bureau of Fire Protection, Bureau of Jail Management and the Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, enacted on 1998 -- amended certain provisions of RA 6975.

Philippine National Police

  • Organized pursuant to RA 6975, as amended by RA 8551
  • A law enforcement agency under the operational control of the Department of the Interior and
  1. To represent the government or state during the prosecution of the case against the accused in the absence of a private counsel or prosecutor under his supervision and control;
  2. To act as law officer of the province or city in the absence of a legal officer and as legal adviser of all political instrumentalities and their officials; and
  3. To investigate administrative cases filed against the State Prosecutors including the support staff of the National Prosecution Services.

THE NATIONAL PROSECUTION SERVICE (NPS)

  • The principal prosecutory arm of the government
  • Its primary task is to investigate and prosecute all criminal offenses defined and penalized under the Revised Penal Code and other special laws.

Organizational Structure:

It is composed of the Office of the Chief State Prosecution (Prosecution Staff), the Regional State Prosecution Officers and the Provincial and City Prosecution Office. It is prosecution attorneys and special counsels.

It is the Secretary of the Department of Justice who exercise general supervision and control over the prosecutors throughout the country.

At the operational level, the Chief State Prosecutor, as the head of Prosecutorial Staff, is tasked with the implementation of the provision of laws, executive orders and rules and carries out the policies, plans, programs and projects of the Department relative to the investigation and prosecution of criminal cases.

Additional Responsibilities of a Prosecutor:

Investigates, resolves, or recommends disciplinary action on all administrative cases filed against the state prosecutors, provincial / city prosecutors, including the support staff of the NPS;

Renders opinions on queries from prosecutors regarding the violation of the Revised Penal Code and other penal laws and the proper legal interpretation thereof; Acts as the Vice Chairman of the Board of Canvassers of the Commission on Elections; Acts as a law officer of the provincial / city in the absence of legal officer and as legal adviser of all the political instrumentalities and their officials. Acts as Registrar of Deeds in the absence of the Registrar of Deeds and the deputy; and Represents the Office of the Solicitor- General, and acts as deputized Special Prosecutor of the Ombudsman and of the Commission of Elections when so deputized.

Preliminary Investigation

An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial It is merely prosecutorial and is often the only means of discovering the persons who may be reasonably charged with a crime to enable the prosecutor to prepare his complaint or information It is not a trial of the case on the merits and has no purpose except that of determining whether a crime has been committed and whether there is a probable cause to believe that the accused is guilty thereof It is required to be conducted before the filing of the complaint or information for an offense where the penalty prescribed by law is at least four years, two months and one day without regard to fine.

Probable Cause

1. As basis in charging prosecuting person with an offense: Probable cause is the existence of such facts and circumstances as would excite a belief in a reasonable mind acting on the facts within the knowledge of the prosecutor that the person charged id guilty of the crime for which he is prosecuted.

2. As a ground for an arrest or issuance of warrant of arrest: Probable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.

3. As protection against false prosecution and arrest: Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a reasonable mind in the belief that he has lawful grounds for arresting the accused.

OBJECTIVES OF PRELIMINARY INVESTIGATION

To protect the innocent against hasty, oppressive and malicious prosecution; To secure the innocent from an open and public accusation of trial, from the trouble of expense and anxiety of a public trial; To protect the State from useless and expensive trials.

OFFICERS AUTHORIZED TO

CONDUCT PRELIMINARY

INVESTIGATION:

  • Provincial or City Prosecutors and their assistants

  • Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts

  • National and Regional State Prosecutors

  • Other officers as may be authorized by law: Tanodbayan’s special prosecutors as authorized by the Ombudsman COMELEC’s authorized legal officers in connection with election offenses Special prosecutors appointed by the Secretary of Justice

PROCEDURE OF PRELIMINARY INVESTIGATION

a. conducted by the investigating prosecutor:

1. There must be a complaint accompanied by the affidavit of the complainant and his witness as well as their other supporting documents to establish probable cause. The number of copies shall be same as the number of respondents plus additional two for the official file. These shall be filed with the prosecutor’s office. 2. The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within ten (10) days after filing of the complaint. 3. The respondent shall submit his counter-affidavit and that of his witness within ten (10) days from receipt of subpoena. If respondent cannot be subpoenaed or if he failed to submit his counter- affidavit within the prescribed period, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complaint. 4. The investigating prosecutor may set a hearing if there are facts or issues to be clarified. Both parties can be present but they cannot examine or cross-examine either party. They can submit questions to be ask by the investigating prosecutor. The hearing shall be held within ten (10) days from the submission of the counter- affidavit or from the expiration of the period of submission. The hearing shall be terminated with five (5) days.

the application of the laws to controversies brought before it and public administration of justice

  • a body to which the public administration of justice is delegated through its sovereign rights and power.

Two-Fold Role of the Court

  1. As a participant, the court must decide the culpability or innocence of the accused after its trial on merit. If the prosecution successfully proves the guilt of the accused beyond reasonable doubt, the court has no option but to render a decision convicting the accused. On eh other hand, if the prosecution fails to show the guilt of the accused for insufficiency of evidence, he would be exonerated or acquitted and order the release from prison if he is under detention unless he has no other pending cases where he fails to post bail for his provincial release.
  2. As a supervisor, the Court has a noble mission as a protector of human rights. These rights refer “to those rights which are inherent in our nature and without which we can not live as human beings.” The main function of the court is to promote justice in order to obtain peace, satisfaction and happiness of the citizenry. Corollary to this, the judge should exhibit impartiality in his decision to the contentment of all litigants.

Functions of the Court

1. To protect the rights of the accused: The courts are responsible for reviewing the actions of law enforcement agencies to ensure that the police have not violated the legal rights of the accused. Similarly, the courts are given the authority and responsibility to review the actions of other agencies of criminal justice to ensure that their actions do not violate the rights of the convicted offender.

2. To determine by all available legal means whether a person is guilty of a crime: Review of all evidence presented by the police or private citizens to determine its relevance and admissibility according to established guidelines of acceptability is the responsibility of the courts. The courts also examine the circumstances that surround the crime as it relates to the issues it must adjudicate

3. To dispose properly of those convicted of crimes: The courts have the responsibility to examine the background of the accused and the circumstances of a crime. From this information and according to existing applicable laws, the court considers possible sentencing alternatives and then selects the most proper form of disposition for the convicted offender.

4. To protect society: After the accused has been found guilty and after the consideration of all factors, the court must determine if the offender should be removed from the society and incarcerated to protect the safety of life and property.

5. To prevent and reduce criminal behavior: This is the task of imposing the proper penalties and sanctions that will serve to deter future criminal acts by the offender and also to serve as an example and a deterrent to other who would commit criminal acts or threaten public safety.

Judiciary

  • That branch of the government which is vested with judicial power

  • That branch of the government which is empowered to interpret, construe and apply the law.

Judicial Power

The power to apply the laws to contest or disputes concerning legally recognized rights or duties of and between the state and the private persons or in between individual litigants in cases properly brought before the judicial tribunals. The authority to settle justifiable controversies or disputes involving rights that are enforceable and demandable before the courts of justice.

Scope of Judicial Power

1. Adjudicatory powers a. to settle actual controversies involving rights which are legally demandable and enforceable; and b. to determine whether there has been abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch of the government. 2. Power of judicial review a. to pass upon the validity or constitutionality of the laws of the State and the acts of the other departments of the government b. to interpret them; and c. to render binding judgment

3. Incidental powers - Includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish a person adjudged in contempt.

JUDGE – a public officer so named in his commission and appointed to preside over and to administer the law in a court of justice.

RA 129 – otherwise known as the Judiciary Reorganization Act of 1989

JURISDICTION – the power and authority of a court to hear, try and decide cases.

ORGANIZATION AND JURISDICTION OF THE COURTS

Regular Courts

a. Supreme Court - Composed of a Chief Justice and fourteen (14) Associate Justices - may sit either en banc or t its discretion, in division of three (3), five (5) or seven (7) members - shall have administrative supervision over all courts and their personnel - shall have the power to discipline judges of lower courts - shall have appellate jurisdiction over cases decided by the CA - shall have the power of automatic review of cases sentenced with death penalty - shall have the power of judicial review - shall have the power to issue writs

b. Court of Appeals - Composed of 69 Justices, headed by a Presiding Justice - Operates in 23 divisions, each comprising three (3) members - Sits en banc only to exercise administrative, ceremonial or other non-adjudicatory functions - Has appellate jurisdiction over cases decided by the RTC - Has the power to order a new trial

c. Regional Trial Court - presided by seven hundred twenty (720) Regional Judges in each of the regions of the country - has general jurisdiction over criminal cases - has jurisdiction over: 1. offenses punishable with imprisonment exceeding six years and one day or a fine exceeding P4,000, or both 2. issuance of writs

Commanded-in- Chief of the Armed Forces of the Philippines

KINDS OF JURISDICTION OF COURT

1. General- when it is empowered to decide all disputes which may come before except those assigned to other courts (e jurisdiction of the RTC) 2. Limited- when it has authority to hear and determine only a few specified cases (e jurisdiction of special courts) 3. Original- when it can try and hear a case presented for the first time 4. Appellate- when it can try a case already heard and decide by a lower court, removed from the latter by appeal 5. Exclusive- when it can try and decide a case which cannot be presented before any other court 6. Concurrent- when any of two courts may take cognizance of a case 7. Criminal- that which exists for the punishment of crime 8. Civil- that which exists when the subject matter is not criminal in nature (e annulment, adoption, child custody)

DECISION- the judgment rendered by a court of justice or other competent tribunals.

PERIOD OF RENDERING DECISION

1. Supreme Court- within twenty-four (24) months 2. Court of Appeals- and other collegiate appellate courts – within (12) months 3. Inferior Courts- within three (3) unless reduced by the Supreme Court

JUDGEMENT

  • The adjudication by the court that the accused is guilty of the offense charged and the imposition of the proper penalty and civil liability, if any
  • It must be written in the official language, personally and directly

prepared by the judge and subscribed by him

  • Shall contain clearly and distinctly a statement of the facts and the laws upon which it is based.

CONTENTS OF JUDGEMENT

a) judgment of conviction:

  • the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended commission
  • the participation of the accused in the offense, whether as principal, accomplice or accessory after the fact
  • the penalty imposed upon the accused
  • the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party unless the enforcement of the civil liability by a separate civil action has been reserved or waived

b) judgment of acquittal:

  • shall state whether the evidences of the prosecution absolutely failed to prove the guilt of the accused of merely failed to prove his guilt beyond reasonable doubt

PROMULAGATION OF JUDMENT

  • By reading in the presence of the accused and any judge of the court in which it was rendered.

  • If the judge is absent the judgment maybe promulgated by the clerk of court. D. CORRECTION

  • That branch of administration of criminal justice with the charged with the responsibility for custody, supervision and

rehabilitation of convicted offenders

  • The combination of public and private services with legal authority to provide for the care, custody and control of those convicted of a criminal offense
  • The programs, services and institution responsible for those individuals who are accused and or convicted of criminal offenses

Penology- a branch of criminology which deals with management and administration of inmates.

Penalty- the suffering that is inflicted by the State for the transgression of the law

Theories Justifying Penalty

  1. Prevention- the State punishes the criminal to prevent or suppress the danger to the State and to the public arising from the criminal acts of the offender
  2. Self-defense- the State punishes the criminal as a measure or self-defense so as to protect society from the threat and wrong inflicted by the criminal
  3. Reformation- it is duty of the State to take care of and reform the criminal
  4. Exemplarity- the criminal punished to serve as an example to discourage others from committing crimes.
  5. Justice- based on the theory that crime must be punished by the State as a fact of retributive justice. A vindication of absolute right and moral law violated by the criminal.

Juridical Conditions of Penalty

  1. judicial and legal- it must be imposed by virtue of a judgment as prescribed by law

  2. definite- it must be specific

  3. commensurate -it must be proportional to the gravity of the crime

  4. personal- it must be imposed to the person who actually committed the crime with no substitutes

  5. equal- it must apply to all offenders

Prisons

  • institutions for confinement of convicted offenders sentenced to more than three (3) years of imprisonment
  • derived from the Greco- Roman word “presidio”
  • administered by the national government under the Bureau of Corrections
  • Also called national prisons and also includes penal colonies and farm.

Prison law- basic law in the Philippines if Prisons System found in the Revised Administrative Code

Philippine Prison System- patterned after the US Federal Prison System

PENAL INSTITUTION

1) New Bilibid Prison - Located Muntinlupa, Metro Manila - Constructed in 1963 - Approximate 552 hectares - Has two satellite units i. Camp Sampaguita –medium security ii. Bukang Liwayway Camp-medium security

  • The youth Rehabilitation Center and the Reception and Diagnostic Center is located at Camp Sampaguita
  • Within its compound is where the Bureau of Corrective Central Office is located
  • Has three security camps:

6) Sablayan Penal Colony and Farm - Located in Sablayan, San Jose. Occendental Mindoro - Established on 27 September 1954 pursuant to Proclamation No. - Has four (4) sub- colonies i. Cental ii. Pasugul iii. Pusog iv. Yapang

7) Leyte Regional Prison - Located in Abuyog, Leyte - Established on 16 January 1973 - Has three levels of security: minimum, medium and maximum - Has receiving and processing station

Jails

  • Institution for confinement of convicted offenders sentenced to imprisonment of three (3) years or less and offenders awaiting and/or undergoing trial
  • Derived from the Spanish words “jaulo” and “caula” and French word “gaol”
  • Province jails are administered and supervised by their respective provincial government
  • City and municipal jails are administered and supervised by the Bureau of Jail of Management and Penology

Types of Jails

  1. lock-up- security facility for the temporary detention of persons held for investigating or waiting preliminary hearing, usually the period of detention does not exceed forty eight (48) hours
  2. Ordinary-jail- institutions for confinement of convicted offenders sentenced to imprisonment of three (3) years or

less and offenders awaiting and or undergoing that. 3. workhouse jail- faiths or camps

PD 29- the law that classified prisoners

Classification of Prisoners

a.) According to status

1) Detention prisoners- those held for security reasons; held for investigation; those awaiting final judgment; those awaiting trial

2) Sentenced prisoners- those convicted by final judgment

b.) According to PD 29:

  1. Insular or national prisoners- those whose sentence is three years and one day to death or whose fine is more than six thousand (P6, 000) or both.
  2. City/provincial prisoner- those whose sentence is less than three (3) years but over six (6) months or whose fine is less than six thousand pesos (P6,00) but more than two hundred pesos (P200), or both.
  3. Municipal prisoner- those whose sentence is not more than six months or whose fine is not more than two hundred pesos (P200), or both

c.) according to sentence / four main classes of prisoners

1.) insular / national prisoner – one who is sentenced to serve a prison term of three years and one day to death 2.) provincial prisoner – one who is sentenced to serve a prison term of six months and one day to three years 3.) city prisoner – one who is sentenced to serve a prison term of one day to three years 4.) municipal prison – one who is sentenced to serve a prison term of one day to six months

NON-INSTITUTIONAL CORRECTIONS

Executive Clemency- collective term for absolute pardon, conditional pardon and commutation of sentence.

Pardon – an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom is to bestowed from the punishment the law inflicts for a crime he has committed: pardoning power is exercised by the President.

Kinds of Pardon

  1. Absolute pardon- the extinction of the criminal liability of the individual to whom it is granted without any condition/ and restores to the individual his civil rights.
  2. Conditional pardon- - the extinction of the criminal liability of the individual within certain limits or conditions/ from the punishment which the law inflicts for the offense he has committed.

Effects of Pardon

  1. It removes penalties and disabilities and restores full civil and political rights;

  2. It does not discharge the civil liability of the convict to the individual he has wronged, as the President has no power to pardon a private wrong;

  3. It does not restore officers, property or rights vested in other in consequence of the conviction. Under our law, as a pardon shall not work the restoration of the rights to hold public office or the right of suffrage unless such rights be expressly restored by the pardon.

  4. In case of violation of election law or rules and regulations, no pardon, parole or suspension of sentence may be granted without the recommendation of the Commission on Elections.

Eligibility for Conditional Pardon

He must have served at least one half (1/2) of the minimum of his indeterminate sentence or the following portions of his prisons sentence:

  • At least two (2) years of minimum sentence of convicted of Murders or

Parricide but not sentenced to Reclusion Perpetua

  • At least one (1) year of minimum sentence if convicted of Homicide
  • At least nine (9) months if convicted of Frustrated Homicide
  • At least six (6) months if convicted of Attempted Homicide

Commutation of sentence- an executive clemency changing a heavier sentence to a less serious one, or a longer prison sentence consisting of Reclusion Perpetua.

Eligibility for commutation of sentence

He must have severed at least one third (1/3) of the minimum of his indeterminate sentence or the following portions of his prison sentence consisting of Reclusion Perpetua:

  • At least ten (10) years if convicted of Robbery with Homicide. Robbery with Rape. Or Kidnapping with Murder
  • At least eight (8) years convicted of Simple Murder, Parricide, Rape or violation of anti-drug laws
  • At least twelve (12) years if given two or more sentences of Reclusion Perpetua
  • At least twenty (20) years in case of two (2) sentences of Reclusion Perpetua provided that at least one (1) of the sentences had been automatically commuted from a death sentence

Reprieve- the postponement of the execution of a death sentence

  1. has expressed his willingness to serve as member
  2. not otherwise disqualified by the law

Cases or disputes that are not the subject matter for amicable settlement by the Lupon

  1. where one party is the government or any subdivision
  2. where one party is a public officer or employees and the disputes relates to the performance of his official functions
  3. offences punishable by imprisonment exceeding one (1) year or fine exceeding P5,000.
  4. offences where is no private offended party
  5. disputes involving parties actually reside in barangays of different cities or municipalities, unless the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon

Cause of Action – an act or omission of one party in violation of the legal rights of the other for which the latter suffers damage which affords a party to a right judicial intervention.

Arbitration – the settlement of disputes by a person chosen hear by both sides and to come to a decision

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Criminal justice system

Course: Introduction to the Criminal Justice System (CRJ 101)

11 Documents
Students shared 11 documents in this course
Was this document helpful?
1
PHILIPPINE CRIMINAL JUSTICE
SYSTEM
CRIMINAL JUSTICE SYSTEM
The sum total of instrumentation which
a society uses in the prevention and
control of crime and delinquency
The machinery of the state or
government which enforces the rules of
conduct necessary to protect life and
property and to maintain peace and
order
The network of works and tribunals
which deal with criminal law and its
enforcement
Comprises all means used to enforce
these standards of conduct, which are
deemed necessary to protect individuals
and to maintain general well-being of
the community
FIVE PILLARS OF THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM
1. LAW ENFORCEMENT / POLICE
2. PROSECUTION
3. COURTS
4. CORRECTIONS
5. COMMUNITY
GOALS OF CRIMINAL JUSTICE SYSTEM
A. Primary Goals
1. protect members of society
2. maintenance of peace and
order
B. Secondary Goals
1. prevention of crimes
2. the review of legality of the
preventive and suppressive
measures
3. the judicial determination of
guilt or innocence of those
apprehend
4. the proper disposition of those
who have been legally found
guilty
5. the correction by socially
approved means of the behave
if those who violate the
criminal law
6. the suppression of criminal
conduct by apprehending
offenders for whom prevention
is ineffective
A. LAW ENFORCEMENT / POLICE
As the first pillar in the criminal justice
system, the police is considered as the
initiator of actions. Its actions and decisions
essentially control or dominate the activities
or functions of the other components.
Brief History
The institution of police in the
Philippines formally started during the
Spanish Era. The establishment of the police
force was not entirely intended or crime
prevention or peacekeeping rather, it was
created as an extension of the colonial
military establishment.
Ancient Roots
The forerunner of the contemporary
police system was the practice of the
barangay chieftains to select able-bodied
young men to protect their barangay during
the night and was not required to work in the
fields during daytime. Among the duties of
those selected were to protect the properties
of the people in the barangay and to protect
their (barangay’s) crops and livestock from
wild animals.
Spanish Period
Carabineros de Seguridad Publica
organized in 1712 for the purpose of
carrying the regulations of the Department
of State. This was armed and considered as
the mounted police. Years after, this kind of
police organization discharged the duties of
a port, harbor and river police.
Guardrilleros this was a body of rural
police organized in each town and
established by the Royal Decree of 18
January 1836. This decree provides that 5%
of the able0bodied male inhabitants of each
province were to be enlisted in this police
organization for three years.