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Notes in Philippine Criminal Justice System for Prelim

Introduction to Philippine Criminal Justice System
Justice is a social norm providing guidance for people in their dealings with one another; as standard
against which actions are evaluated; and as a prescription for requirement that people act justly (Bird)
Daniel Webster defined justice as the chieftest interest of man.
School of Thoughts about justice:
1. Positive Law Theory states that actions are unjust if they violate or are contradictory to the law,
and JUSTICE is SERVED BY ADHERING TO THE LAW.
2. Social Good Theory states that justice is more than one finds in positive law, that there are
standards or concepts of what is in best interest of the society, and that man made laws can be
judged against these standard or concept and found lacking.
3. Natural Right Theory states that natural laws exist and governs the affairs of men as much as it
does the phenomenon of physical universe. This school may be summarized by this rule:
RENDER TO EACH HIS RIGHT OR DUE.
Law is a major input to the criminal justice system. Law is societys primary instrument for making
known what acts are crimes and what sanctions may be applied to those who commit acts defined crimes.
Another definition of Law that method of SOCIAL CONTROL that is formally ENACTED or
PROMULGATED by the agency or agencies to make law and that is subject to interpretation by and
through the COURTS.
Forms of Law:
1. Common Law known in other countries as the body of principle, practices, usages and rules of
action.
2. Statutory Law a legislated law; or law made by legislatures
3. Case Law law made by justices in cases decided in the appellate courts especially by the
Supreme Court
Types of Law
1. Civil Law law which has something to do with such things as CONTRACTS, WILLS,
INHERITANCES, MARRIAGE, PROPERTY, DIVORCE, ADOPTION and the like, and with
PRIVATE INJURIES which are called TORTS
2. Criminal Law is that branch or division of law which defines crimes, treats of their nature and
provides for their punishment.
2 Distinct elements of Criminal Law
a. Major Purpose or Function is the preservation of social order in the society.
b. Sanctions referred to as satisfaction to the public, which are imposed on the person by the
State as to pays his debt to society.
CRIMINAL JUSTICE SYSTEM, defined:
Criminal Justice system or CJS simply 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, provision being made for their correction and rehabilitation. (Handbook on the
Courts and the CJS, by Chief Justice Andres Narvasa, 1996)
CJS as a SYSTEM, defined: is the machinery which the society uses in the prevention of crime.
System is one which consists of several parts that interacts with each other to produce some results,
serve some functions or meet some objectives.
CJS as a PROCESS, defined: refers to the orderly progression of events from the time a person is
arrested or taken out of the community, investigated, prosecuted, sentenced, punished, rehabilitated and
eventually returned to the community. (UNAFEI Publication, Tokyo. 1981)

Prepared by: Hermie Terrence Reodava, Instructor

POLICE

PROSECUTION

COMMUNITY
CRIME

CORRECTION

COURT

Figure 1: Shows the flow and the relationship of the five pillars of criminal justice system
Functions of CJS

to prevent and control the commission of crime;

to enforce the law and insure its implementation;
to safeguard lives, individual rights and properties;
to investigate, apprehend, prosecute and sentence those who violated the rules of the society; and
to treat and rehabilitate convicts and reintegrated them into the community as law-abiding citizen.

Five Pillars of the Criminal Justice System

1. Police or law enforcement pillar a body of civil authority, which is tasked to maintain peace
and order enforce law, protect lives and properties and insure the public safety.
2. Prosecution pillar the CJS pillar mandated by the law to bring to justice all criminal cases for
prosecution and prove the guilt of the accused beyond reasonable doubt.
3. Court pillar a court is a body or tribunal officially assembled under authority of the law in
which judicial power is vested or the administration of justice is delegated.
4. Corrections pillar are the process or system of taking care of the custody, treatment and
rehabilitation of all convicted persons or prisoners punished by law for the commission of an
offense.
5. Community pillar largest component of CJS. It is made up of various agencies in the public
especially the local government units and the private sector especially the non-government
organizations.
Functions of the Five Pillars
The police or law enforcement pillar occupies the frontline of the CJS because they are regulated as the
initiator of the system. They are the first contact of the law violator in the CJS process. It is the police that
investigate, make arrest and prepare evidences against the suspects needed to prosecute them.
The prosecution pillar takes care of evaluating the evidences and formally charges a suspect before the
court. It serves as screening process on whether to file a case on evidences or dismiss the same. It
determines what particularly crime shall be formally filed and presents the burden of proof against the
suspect in the court.
The court pillar conducts arraignment and the trial. It shall issue warrant of arrest if the accused is at
large. It acquits the innocent and adjudicate penalty for the accused if found guilty.
The correction pillar is responsible for the incarceration and rehabilitation of the convicted persons to
prepare for eventual reintegration in the community.
The community pillar helps the penitent offender to become law-abiding citizen by accepting the exconvicts reentry and assists said penitent offender lead a new life as a responsible member of the society.

Prepared by: Hermie Terrence Reodava, Instructor

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Who is the forgotten soul/man of the CJS? The victim (Alma Jose, Notes on Criminal Justice System in
the Philippines, Manila, 1992 Ed. p. 54)
KATARUNGANG PAMBARANGAY
The Katarungang Pambarangay or Barangay Justice System is a community-based dispute settlement
mechanism that is administered by the basic political unit of the country, the barangay. As a community
based mechanism for dispute resolution, it covers disputes between members of the same community
(generally, same city/municipality) and involves the Punong Barangay and other members of the
communities (the Lupon members) as intermediaries (mediators, conciliators, and, sometimes,
arbitrators).
The establishment and operation of the Barangay Justice System is mandated by Republic Act No.
7160 or the Local Government Code of 1991. Prior to this law, however, the establishment of the
Barangay Justice System had been covered by Presidential Decree 1508 in 1978 and Batas Pambansa Blg.
337 or the 1983 Local Government Code. When PD 1508 first decreed the setting up of the Barangay
Justice System, the law had the following objectives:

To promote the speedy administration of justice

To minimize the indiscriminate filing of cases in courts
To minimize the congestion of court dockets and thereby enhance the quality of justice dispensed
by the courts
To perpetuate and recognize the time-honored tradition of amicably settling disputes at the
community level

These same objectives are stated in the Katarungang Pambarangay Rules that were promulgated by the
Department of Justice on June 1, 1992, pursuant to the mandate of the Local Government Code. These
rules serve as the implementing rules for the provisions of the Local Government Code on the
establishment, administration, and operation of the Barangay Justice System.
Under the Barangay Justice System, the main strategy for settling disputes is to provide a venue for the
disputing parties to search for a solution that is mutually acceptable. Hence, the primary role of the
system is not to decide disputes and impose a solution on the parties but to assist the parties in discussing
the possible amicable settlement of their disputes.
The Punong Barangay and the community conciliators (Lupon members) do not act as judges or
adjudicators of disputes but as facilitators for the disputing parties discussion of possible solutions. For
this reason, the personal appearance and participation of the disputing parties is necessary, while the nonappearance of the parties will have corresponding sanctions. Also because of the need for the disputing
parties personal participation in the conciliation proceedings, disputes involving non-natural persons like
corporations are not subject to the conciliation proceedings of the Barangay Justice System.
Simply put, the Barangay Justice System provides a friendly, inexpensive, and speedy forum for the
settlement of disputes where the parties can freely explore options for amicably resolving their disputes
without resorting to the courts. On the issue of access to justice, the Barangay Justice System provides an
accessible mechanism for resolving the justice issues of the poor.
Composition and Qualifications of Lupon
Who has the authority to constitute the Lupon? The Punong barangay can appoint the Lupon
members. It is his/her exclusive prerogative no need for approval, confirmation or ratification of the
Sangguniang barangay.
What if the Punong barangay fails to organize the Lupon? He/she can be charged of neglect of duty
and be subjected to administrative sanctions.
When and how can a Punong barangay constitute the Lupon? Within fifteen (15) days from the start
of term as Punong barangay, they should issue a notice to constitute the Lupon and prepare the list of the
names of proposed Lupon members.
How many people should the Punong barangay include in the list? Minimum of ten and a maximum
of twenty (10-20) persons
Prepared by: Hermie Terrence Reodava, Instructor

Who are qualified to be members of the Lupon? Anybody who is an actual resident or working in the
barangay, of legal age and possesses the following qualities: integrity, impartiality, independence,
fairness, reputation for probity, patience, resourcefulness, open-mindedness and flexibility, can be a
member of the Lupon.
Qualified as Lupon members
actual residents/working in the barangay
of legal age
with the qualities mentioned above
Disqualified to be Lupon members
below 18 yrs of age
incompetent
convicted of a crime carrying with it penalties of perpetual or temporary disqualification from
holding public office
elected government official
member of armed forces who is in the active service
Cases under Katarungang Pambarangay
Unlawful use of means of publication and unlawful utterances (Art. 154);
Alarms and scandals (Art. 155);
Using false certificates (Art. 175);
Using fictitious names and concealing true names (Art. 178);
Illegal use of uniforms and insignias (Art. 179);
Physical injuries inflicted in a tumultuous affray (Art. 252);
Giving assistance to consummated suicide (Art. 253);
Responsibility of participants in a duel if only
Physical injuries are inflicted or no physical injuries have been inflicted (Art. 260);
Less serious physical injuries (Art. 265);
Slight physical injuries and maltreatment (Art. 266);
Unlawful arrest (Art. 269);
Inducing a minor to abandon his/her home (Art.271);
Abandonment of a person in danger and abandonment of ones own victim (Art. 275);
Abandoning a minor (a child under seven [7] years old) (Art. 276);
Abandonment of a minor by persons entrusted with his/her custody; indifference of parents (Art. 277);
Qualified trespass to dwelling (without the use of violence and intimidation) (Art. 280);
Other forms of trespass (Art. 281);
Light threats (Art. 283);
Other light threats (Art. 285);
Grave coercion (Art. 286);
Light coercion (Art. 287);
Other similar coercions (compulsory purchase of merchandise and payment of wages by means of tokens)
(Art. 288);
Formation, maintenance and prohibition of combination of capital or labor through violence or threats
(Art. 289)
Discovering secrets through seizure and correspondence (Art. 290);
Revealing secrets with abuse of authority (Art. 291);
Theft (if the value of the property stolen does not exceed p50.00) (Art. 309);
Qualified theft (if the amount does not exceed P 500) (Art. 310);
Occupation of real property or usurpation of real rights in property (Art. 312);
Altering boundaries or landmarks (Art. 313);
Swindling or estafa (if the amount does not exceed p200.00) (Art. 315);
Other forms of swindling (Art. 316);
Swindling a minor (Art. 317);
Other deceits (Art. 318);
Removal, sale or pledge of mortgaged property (Art. 319);
Special cases of malicious mischief (if the value of the damaged property does not exceed P 1,000.00) (art
328);
Other mischief (if the value of the damaged property does not exceed P 1,000.00). (Art. 329);

Prepared by: Hermie Terrence Reodava, Instructor

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Simple seduction (Art. 338);
Acts of lasciviousness with the consent of the offended party (art 339);
Threatening to publish and offer to prevent such publication for compensation (Art. 356);
Prohibiting publication of acts referred to in the course of official proceedings (Art. 357);
Incriminating innocent persons (Art. 363);
Intriguing against honor (Art. 364);
Issuing checks without sufficient funds (BP 22);
Fencing of stolen properties if the property involved is not more than p50.00 (PD 1612).
What other cases are exempted in Katarungang Pambarangay aside from that of a juridical person
or corporation? The cases exempted are the following: offenses involving government entity; offenses
with maximum penalty of 1 year and exceeding fine five thousand (P 5,000.00); offenses with no private
party; real properties in different cities or municipalities, disputes that need urgent legal action, labor
disputes, land disputes and action to annul a judgment upon a compromise.

What is the term of office of each Lupon member? Upon appointment, each Lupon member
shall serve for three (3) years unless terminated by death, resignation, transfer of residence or
place of work, or withdrawal of appointment by the Punong barangay. However, the withdrawal
should be concurred with a majority of all the members of Lupon.
Are the Lupon members entitled to some compensation? The Lupon members shall serve
without any compensation. if the barangay has enough funds, we can always give honoraria to
Lupon members who have participated in the resolution of a particular case.

Prepared by: Hermie Terrence Reodava, Instructor