Introduction to Philippine Criminal Justice System

Prepared by: Nikki Lois O. Villas, RCrim

What is Criminal Justice System?

• The sum total of all concerted efforts of the agencies of the government in the prevention
and suppression of criminality.
• 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.
• It is the system or process in the community by which crimes are investigated, and the
persons suspected thereof are taken into custody, prosecuted in court and punished if
found guilty, with provision being made for their correction and rehabilitation.

Functions of the Criminal Justice System

1. Prevent and control the commission of criminality
2. Enforce the law
3. Safeguard individual rights, lives, and properties of the people
4. Detect, investigate, apprehend, prosecute, and punish violators
5. Rehabilitate the convicted criminal offenders and reintegrate them in the community as law
abiding citizens of the community

Summary of the Philippine Criminal Justice System

• Our CJS is derived from American Criminal Justice context which initially comprised of
three (3) components namely:
a. Police/Law Enforcement;
b. Courts;
c. Corrections.

• Philippine Criminal Justice System has 5 components which most commonly known as
the Five Pillars of Philippine Criminal Justice System namely:
1. Police/ Law Enforcement;
2. Prosecution;
3. Courts;
4. Corrections; and
5. Community.

Attributes of the Philippine Criminal Justice System

1. Common Law Principle is not adhered hereto;
2. Criminal Laws are general, territorial and prospective in application; and
3. Litigation is adversarial in nature.

*At the center of common law is a legal principle known as stare decisis, which is a Latin phrase
that roughly means “to stand by things decided.” In practice, stare decisis is just a fancy way of
saying that courts and judges need to follow earlier decisions and rulings — otherwise known as
caselaw — when dealing with similar cases later.

*Characteristics of Criminal Law:

1. General – Penal laws and those of public security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory, subject to the principles of public international law
and to treaty stipulations. [ Article14, New Civil Code]
2. Territorial – the provisions of the Revised Penal Code shall be enforced within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone. [Article 2, Revised
Penal Code]

3. Prospective – criminal law can only punish an act committed after its effectivity. It cannot
penalize an act that was not punishable at the time of its commission. It cannot be given
retroactive effect unless it is favorable to the accused who is not a habitual delinquent.
[Commentaries on Criminal Law, Revised Penal Code Book One, Maximo P. Amurao, 2013]

Distinctions between Criminology and Criminal Justice System

CRIMINOLOGY CRIMINAL JUSTICE SYSTEM

Criminology tends to focus on the Criminal Justice tends to focus on the legal
determination and development of principles, process on how to deal with criminal offender;
concepts, and theories of crime causation;

Criminology explains the etiology, extent and Criminal Justice studies the agencies of social
nature of crime in the society; control that handles criminal offenders;

Criminology tends to focus on research; Criminal Justice tends to focus on the

application, public law, public policy, and decision
making, and career development

Adult Criminal Justice and Juvenile Justice Distinguished

Adult CJS Juvenile CJS

Subject of the Depending upon which level of the Always refer to as Child in Conflict with the
Process system such as Suspect, Law (CICL)
Respondent, Accused Convict,
Inmate, Probationer and others

Law/Rules Particular Penal law violated such RA 9344 as amended; Revised Rules on
Applied as RPC and Special Penal Laws; Children in Conflict with the Law 2019
Revised Rules of Court

Trial Court Regular Courts Family Court

State policy Exercise of Police Power Parens Patriae; Best Interest of the Child
 Both adhere
to the
principle of
Restorative
Justice

Criminal Justice in International Perspective

Four primary cooperative efforts among nations to deal with the problem of international
crime:
1. United Nations (UN)
2. International Court of Justice (ICJ)
3. International Police Association (INTERPOL)
4. International Criminal Court (ICC)

The criminal justice mission of the UN involves four o primary goals to wit:
1. To conduct surveys to gather data about international and comparative crime.
2. To provide peacekeeping efforts.
3. To promote crime prevention.
4. The UN seeks to promote a common standard of justice and fair treatment of defendants
and convicted persons.

I. THE FIRST PILLAR: POLICE/LAW ENFORCEMENT

Goals:
1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order Maintenance
5. Public Service
6. Traffic Regulation and Motor Accident Investigation

THE POLICE
➢ “law enforcers” are the most visible representative of the government in the society.
➢ First line of defense against crime
➢ The term “police” derived from the words:
a. POLITIA = condition of a state, government and administration.
b. POLITEIA = government

Police Roles in Criminal Justice System:

1. To conduct criminal investigation
2. To make an arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of criminal cases
THE PHILIPPINE NATIONAL POLICE
➢ The premier law enforcement agency in our country.
➢ Under Article XVI, Section 6 of the 1987 Philippine Constitution provides: “The State
shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police commission.
The authority of local executives over the police units in their jurisdiction shall be
provided by law.”
➢ Mandate: Republic Act 6975 as amended by RA 8551 and further amended by RA 9708.
➢

Functions:
• Enforce all laws and ordinance relative to the protection of lives and properties;
• Maintain peace and order and take all necessary steps to ensure public safety;
• Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
• Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
• 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;
• Issue licenses for the possession of firearms and explosives in accordance with the law;
• 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 professions; and
• Perform such other duties and exercise all other functions as may be provided by law.

THE NATIONAL BUREAU OF INVESTIGATION

➢ Created on November 13, 1936 upon approval of Commonwealth Act No. 181.
➢ Thomas Dugan and Flaviano C. Guerrero were tasked with organizing a Division of
Investigation (DI) patterned after US FBI
➢ DI was affiliated with the BIR and the Philippine Constabulary known as the Bureau of
Investigation (BI)
➢ On June 19, 1947, RA No. 157 was passed reorganizing the BI, amended by E.O. No.
94 issued on October 4, 1947, renaming BI to NBI
➢ RA No. 10867 (June 23, 2016) – “National Bureau of Investigation Reorganization
and Modernization Act”

Section 4
Powers and Functions. — The NBI shall have the following powers and functions:

a. Undertake investigation and detection of crimes and offenses enumerated under Section
5 hereof;
b. Issue subpoena for the appearance of any person for investigation or production of
documents, through its officers from the ranks of Regional Director to Director;
c. Act as a national clearing house of criminal records and other related information for the
benefit of the government;
d. Render technical assistance to government agencies and instrumentalities, when so
requested;
e. Extend assistance in cases involving extradition and mutual legal assistance, when
requested by the Department of Justice;
 f. Establish an NBI Academy which shall be responsible for the recruitment, training, and
development of all NBI agents and personnel, among others;
g. Establish and maintain a Forensic and Scientific Research Center which shall serve as
the primary center for forensic and scientific research in furtherance of scientific
knowledge in criminal investigation, detection, evidence collection and preservation, and
provide the necessary training therefor;
h. Establish and maintain a Cyber Investigation and Assessment Center which shall serve
as the nerve center for computer information technologies, data on cybercrime cases,
computer intrusion, threats, and other related crimes or activities;
i. Establish and maintain an integrated, comprehensive, and state-of-the-art network of
equipment and facilities to be used by the NBI in its criminal investigation, detection, and
evidence gathering, and to provide the corresponding training in this regard;
j. Request the assistance of the Philippine National Police (PNP), Armed Forces of the
Philippines, or any other agency of the government, including government-owned and/or
-controlled corporations, in its anti-crime drive. Such assistance may include the use of
the agency’s personnel and facilities upon prior approval by the head of the agency
concerned;
k. Conduct intelligence operations in furtherance of the foregoing powers and functions;
l. Enter into any contract or transaction for the acquisition, ownership, possession,
administration, lease, disposition or acceptance of real or personal property in its name,
subject to the approval of the Secretary of Justice;
m. Establish a modern NBI Clearance and Identification Center containing all derogatory and
criminal records and civilian identification records, including their identifying marks and
characteristics and fingerprint database, as well as dental records pursuant to Presidential
Decree No. 1575, entitled “Requiring Practitioners of Dentistry to Keep Records of Their
Patients”;
n. Maintain, for purposes of investigative and forensic requirements of the NBI, relevant
database such as ballistic records of firearms including, but not limited to, data ownership,
possession, and other related identifying circumstances; and Deoxyribonucleic Acid
(DNA) databank; and
o. Perform such other functions as the President or the Secretary of Justice may assign.

Police Discretion
An authority conferred by law to act in a certain condition or situation in accordance with
an official or an official agency’s own considered judgment and conscience.

Criminal Investigation
Is an art which deals with the identity and location of the offender and provides evidence
of his guilt through criminal proceedings.

Elements of Investigative Process

1. Recognition – identification of information related or has in anyway bearing to the crime
under investigation.
2. Collection – collection of information after finding of to be related to the crime under
investigation
3. Preservation – preservation of information gathered to ensure its physical and legal
integrity
4. Evaluation – ascertaining whether information identified, collected and preserved, can
stand prosecution and trial
Phases of Criminal Investigation
1. Identification of Criminal Offender
2. Tracing, locating and arrest of the offender
3. Gathering of evidence to prove his guilt in the criminal proceeding

ARREST: Criminal Apprehension

Arrest is defined as the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

Two methods of arrest:

1. Arrest by Virtue of a Warrant – A mode of arrest usually executed by law enforcers
upon the written order of the Judge.
2. Warrantless Arrest – This is also known as citizen's arrest. This can be executed by
either law officers or private persons.

Force or violence may be employed when necessary in the conduct of arrest

No violence or unnecessary force shall be used in making an arrest. The person arrested
shall not be subjected to a greater restraint than is necessary for his detention (Section 2, Rule
113)
What the rule prohibits is unnecessary force or violence. Hence, if the employment of such
force or violence is necessary to secure the conduct of arrest or to secure the life and limb of the
person making the arrest or other persons, it is allowed.

Search as an incident of Arrest

The person making the arrest may conduct body search against the arrested person to
confiscate the following:
1. Objects subject of the offense or used or intended to be used in the commission of the
crime
2. Objects which are the fruits of the crime;
3. Objects which are illegal per se;
4. Those which might be used to commit violence or to escape;
5. Dangerous weapon; and
6. Evidence of the case.

What is the duty of arresting officer?

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 (Section 3, Rule 113).

Time of Making an Arrest

Section 6, Rule 113 of the Rules of Court clearly states that “an arrest may be made on any day
and at any time of the day or night.” The same mandate is stated under Rule 13 of the
Philippine National Police Handbook (2013).

Court Proceeding in the Issuance of Warrant of Arrest

No search warrant or warrant of arrest shall be issued except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses (sec., Art. 3, 1987 Constitution).

Probable cause - facts sufficient to engender a well-founded belief that a crime has been
committed and that respondent is probably guilty thereof, and should be held for trial. Probable
cause is meant such set of facts and circumstances, which would lead a reasonably discreet
and prudent man to believe that the offense charged in the Information, or any offense included
therein, has been committed by the person sought to be arrested.

Warrant of arrest is a legal document issued by a judge or magistrate that authorizes law
enforcement to arrest a specific individual.

Who is authorized to issue Warrant of Arrest?

(G.R. 242957) “The Constitution textually commits only to judges the power and authority to
issue arrest and search warrants upon a finding of probable cause. Any warrant emanating from
a non-judicial officer that directs an arrest, a search, or a seizure of persons or property is
therefore constitutionally infirm."

Grounds for Issuance

Essential factors in determining the issuance of a warrant:
1. Complaint or Information: A complaint filed by an aggrieved party or an information
filed by the prosecutor is necessary. The complaint must include the essential elements
of the crime charged.
2. Preliminary Investigation: A preliminary investigation may be conducted to ascertain
whether there is sufficient ground to believe that a crime has been committed. If the
prosecutor finds merit, they will file the information in court, leading to the potential
issuance of a warrant.
3. Affidavit of Witnesses: Supporting affidavits from witnesses or complainants may also
be required to establish probable cause.

Execution of the Warrant of Arrest

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 its receipt. Within ten (10) days, 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 reasons thereof (Sec. 4, Rule 113,
Rules of Court).
The general rule is that a Warrant of Arrest remains enforceable and does not expire. However,
there are instances when a Warrant of Arrest is unenforceable, such as when:
1. “It is executed or effected, lifted, recalled or quashed”– The Warrant of Arrest will now
become unenforceable in the case that it is already executed by the police officers; or when
the Warrant of Arrest has been lifted by the court that issued it; or when a Motion to Quash
the Information has been filed and granted by the court.
2. The accused is already in detention – “Warrant of Arrest is no longer needed when the
accused is already in detention instead a Commitment Order will be issued by the Judge”
3. The accused is already dead - Article 89 of the Revised Penal Code provides that death
extinguishes criminal liability. Thus, pending criminal cases filed against the accused who died
during its pendency shall be deemed terminated.

When is Warrantless Arrest or Arrest without warrant permitted?

The general rule is still, “no person can be arrested without a warrant.” However, here are the
exemptions under the Rules of Court:

A peace officer or a private person may without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense (In flagrante delicto arrest);
 (b) When an offense has just been committed and he has probable cause to believe based
on his personal knowledge of facts or circumstances that the person to be arrested has
committed it (Arrest in hot pursuit);
(c) 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 confined while his case is
pending, or has escaped while being transferred from one confinement to another. (Arrest
of an Escapee)

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with Section 7 of Rule 112. (Section 5, Rule 113)

When may the arresting officer summon assistance?

An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so summoned by an officer shall
assist him in effecting the arrest when he can render such assistance without detriment to
himself (Section 10, Rule 113).

Note: Any person coming to the aid of the agent of person in authority (such as police officer),
and such person coming to the aid is assaulted, the perpetrator is liable for indirect assault as
provided under Article 149 of the Revised Penal Code.

Persons not subject to Arrest/Immunity from Arrest

1. Congressmen and Senators – Police Officers should remember that for
Senators and Congressmen to be privileged from arrest, the following requisites apply:
a. Offenses should not exceed six years imprisonment
b. Senators and congressmen should be incumbent
c. Congress is in session. A recess in the Congress is not considered as in session.

Question: Can a Senator or a Congressman be arrested if he commits an offense not

punishable for more than six years but NOT ATTENDING DURING SESSION?

Answer: No. In the case of People of the Philippines versus Jalosjos (2000) the court provides
that as long as the Congress is in session whether the incumbent congressman is attending
or is absent therein, he shall still be immune from arrest (People vs. Jalosjos, G.R. Nos.
132875-76, 2000).

2. Sovereigns and Head of State – As provided by international law, they are immuned from
arrest.
3. Diplomatic Personnel – These are diplomatic agents officially appointed by the
government of a particular country, nation, or a state tasked to maintain international relations,
represents the sending state, and to conduct negotiations with the receiving country or state.

Note: As to Consuls their immunity to arrest is not absolute. They can be subjected to arrest
if they committed a grave crime (Ar. 41, Vienna Convention on Consular Relation, 1963), or
committed an offense outside official duties or functions (Liang vs. People, G.R. No. 125865,
2000).

The Right of Officer to Break into building or enclosure

An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided
in section 5, may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his authority and
purpose.
Requisites:
1. That the person to be arrested is or is reasonably believed to be in the building;
2. That he announced his authority and purpose for entering therein;
3. He had been denied admittance.

The Miranda Rights

Step One: After identifying yourself to the suspect, inform him regarding the nature and cause
of the accusation;
Step Two: Inform the accused/suspect that he has the right to remain silent;
Step Three: Inform the accused/suspect that if he chooses to waive his right to remain silent
(waiver of this right should be in writing during the presence of the suspect`s counsel), anything
he will say will be used against him in court;
Step Four: Inform the accused/suspect that he has the right to counsel.
Step Five: Inform the accused/suspect that if he or she cannot afford of the services of a private
lawyer, the Public Attorney`s Office (PAO) will provide him with one.

Penalties to the Violator of R.A. 7438

As mandated in section 4 (a) of Republic Act 7438, any public officer, employee, or investigating
officer shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both when he/she:
a. Fails to inform any person arrested, detained or under custodial investigation of his right
to remain silent and to have competent and independent counsel preferably of his own
choice.
b. Fails to provide a competent and independent counsel to a person arrested.

SEARCH AND SEIZURE

Search – involves law enforcement officers going through part or all of individual's property, and
looking for specific items that are related to a crime that they have reason to believe has been
committed.
Seizure – refers to the “detention of an individual or her property, and removing that property from
the control of the citizen, or in effect, taking control of the individual.”

SEARCH WARRANT, defined:

An order in writing 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 (Section 1, Rule 126)

Elements of Search Warrant:

1. Written order
2. Signed by the judge in the name of the People of the Philippines
3. Commanding a peace officer to search personal property
4. To seize and bring such personal property to the court

Issuance of Search Warrant

If the judge is satisfied of the existence of facts upon which the application is based or
that there is probable cause to believe that they exist, he shall issue the warrant.
(Sec. 6, Rule 126)
Validity of Search Warrant
A search warrant shall be valid for ten (10) days from the date of its issuance and thereafter
considered as void once not executed within the period required (Sec. 10, Rule 126, Rules of
Court).

Time of Making Search

Section 9, Rule 126 of the Rules of Court clearly states that “the warrant must direct that it be
served in the day time, unless the affidavit asserts that the property is on the person or in the
place ordered to be searched, in which case a direction may be inserted that it be served at any
time of the day or night.”

Requisites for Search Warrant Application

First, there must be probable cause in connection with one specific offense;
Second, the presence of probable cause is to be determined by the judge personally;
Third, the determination by the judge must be made after an examination under oath or
affirmation of the complainant and the witnesses he may produce; and
Lastly, the warrant must specifically describe the place to be searched and the things to be seized
which may be anywhere in the Philippines (Sec 4, Rule 126, Rules of Court).

Properties to be Seized
As mandated in section 3, Rule 126, of the Rules of Court and Rule 14.1 of the Philippine
National Police Handbook (2013), the following personal properties are to be seized during
search:
a. Subject of the offense;
b. Stolen or embezzled and other proceeds, or fruits of the offense;
c. Used or intended to be used as the means of committing an offense;
d. Objects that are illegal per se, even if not particularly described in the search warrant, may be
seized under the plain view doctrine.

General Procedures in Conducting Search with Warrant

1. Knock and Announce Rule - “announce their presence, identify themselves to the
accused and to the persons who rightfully have possession of the premises to be
searched, and show to them the search warrant to be implemented by them and explain
to them said warrant in a language or dialect known to and understood by them”.
2. Witness to Search Rule - “search of a house, room, or any other premise shall be made
in the presence of the lawful occupant thereof or any member of his family or in the
absence of the latter, two witnesses of sufficient age and discretion residing in the same
locality” (sec. 8, Rule 126, Rules of Court).
3. Issuance of Property Receipt - The officer seizing property under the warrant must
give a detailed receipt for the same to the lawful occupant of the premises.
4. Delivery of Seized Property to Court - The officer must forthwith deliver the property
seized to the judge who issued the warrant, together with a true inventory thereof duly
verified under oath Fruit of the Poisonous Tree. All evidence (the fruit) derived from an
illegal search (the poisonous tree) shall be inadmissible as evidence in the court.
Receipt for the Property Seized
The officer seizing the property under the warrant must give a detailed receipt for the
same to the lawful occupant of the premises in whose presence the search and seizure were
made, or in the absence of such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same locality, leave a receipt in the place in which
he found the seized property. (Section 11, Rule 126)

Search Incident to Lawful Arrest

A person lawfully arrested may be searched for dangerous weapons or anything which
may have been used or constitute proof in the commission of an offense without a search
warrant (Section 13, Rule 126)
Note: In several cases, the Supreme Court has held that the arresting officers may also seize
prohibited articles (items considered as illegal per se) even if it is not included in the search
warrant for as long as the search warrant is valid.

Other Valid Warrantless searches and seizures:

a. Those incidental to a lawful arrest;
b. Searches in “Plain View”;
c. Searches of Moving Vehicles;
d. Consented Searches;
e. Customs Searches;
f. Stop and Frisk Situation;
g. Searches during emergencies.