PHILIPPINE CRIMINAL JUSTICE SYSTEM. CRIME IS MULTI-FACETED a social problem, a political problem, a spiritual problem, and an economic problem.
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CRIMINAL JUSTICE SYSTEM
Flow of Violators through the Criminal Justice System
Philippine Criminal Justice System
A. Law Enforcement
members of the Philippine National Police (PNP) - prime enforcers of the law
members of the National Bureau of Investigation (NBI) - which is under the Department of Justice.
Creation/Nature/Powers and Functions.
The 1987 Philippine Constitution itself mandates that there should be one police force that is national in scope and civilian in character, and on the basis of this constitutional precept, Republic Act No. 6975 created the Philippine National Police as the premier law enforcement agency that has the following powers and functions :
b. Maintain peace and order and take all necessary steps to ensure public safety;
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
d. Exercise the general powers to make arrest, search and seizure in accordance
with the Constitution and pertinent laws;
e. 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;
f. Issue licenses for the possession of firearms and explosives in accordance with
g. 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 profession; and
h. Perform such other duties and exercise all other functions as may be provided by
ORGANIZATIONAL STRUCTURE (PER RA 6975)
OFFICE OF THE CHIEF PNP
OFFICE OF THE
OFFICE OF THE DEPUTY CHIEF
OFFICE OF THE CHIEF OF
THE DIRECTORIAL STAFF
OFFICE OF THE DEPUTY
CHIEF FOR OPERATIONS
D I R E C T O R I A L
S T A F F
A D M I N I S T R A T I V E S U P P O R T U N I T S
O P E R A T I O N A S U P P O R T U N I T S
* ORGANIZED IN
HIGHLY URBANIZED CITIES
** ORGANIZED IN LARGE
The National Bureau of Investigation saw its inception on 13 November 1936 upon approval of Commonwealth Act No. 181 by the legislature.
It was the brainchild of the late President Manuel L Quezon. It was first organized as a Division of Investigation (DI) patterned after the United States Federal Bureau of Investigation.
The law was later amended by Executive Order No. 94 issued on 4 October 1947 renaming it into what it is presently known i.e. the National Bureau of Investigation.
to detect and investigate crimes;
to investigate civil or administrative cases of interest to the government upon request;
to act as the national clearing house of criminal records and other information;
to give technical assistance to all prosecuting and law enforcement agencies, to the courts, and even to litigants;
to maintain a crime laboratory and to conduct research;
to coordinate with the PNP and other law enforcement agencies in the investigation of crimes;
to collect intelligence date and coordinate even with other international intelligence agencies;
to assist in the implementation of the Dangerous Drugs Law.
Law Enforcement Coordinating Committeesprovides cooperation and inter-agency coordination among all law enforcement agencies in the Philippines
Law Enforcement Coordinating Committees are organized firstly on a national level known as the National Law Enforcement Coordinating Committee (NALECC).
Counterpart committees are also established in the regions and in the provinces
Peace and Order Councils are created as avenues for inter-agency coordination relative to the country’s peace and order problems.
The Peace and Order Council is organized on a national level (NPOC) with counterpart councils at regional levels and provincial levels. The NPOC has the following functions :
National Prosecution Service
* the prosecution arm of the government
* composed of Provincial Prosecutors, City Prosecutor, Regional Prosecutors, and State Prosecutors
* placed under the supervision and control of DOJ.
The final determination of innocence or of guilt is done by the Judicial Component (the Courts) through the adjudication of criminal cases
Suffice it to say that, in the context of the Criminal Justice System, after a suspect has passed through the Prosecution Pillar, he is sent to the proper court of justice which shall belabor itself in determining either innocence or guilt.
COURT OF APPEALS
Court of Tax Appeals
Regional Trial Courts
Municipal Trial Courts in Cities
Metropolitan Trial Courts
Municipal Trial Courts
Municipal Trial Courts in Cities
Municipal Circuit Trial Courts
Municipal Trial Courts
Municipal Circuit Trial
Municipal Circuit Trial
This pillar undertakes the reformation of offenders. The rehabilitation of offenders is aimed towards their eventual assimilation into society.
The key government agencies responsible for institutional correction are the following :
charged with the custody as well as with the rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more that three (3) years.
Asst. Dir. For
Reception & Diagnostic
New Bilibid Prison
Correctional Institute for Woman
Davao Prison and Penal Farm
Ihawig Prison and Penal Farm
Sablayan Prison and Penal Farm
San Ramon Prison and Penal Farm
Leyte Regional Prison
All provincial jails in the country are placed under the respective provincial governments pursuant to the provision of Section 61 of Republic Act no. 6975 which states : “x x x The provincial jails shall be supervised and controlled by the provincial government within its jurisdiction x x x.”
3. Municipal Jails/City Jails
Municipal Jails and City Jails, on the other hand, are administered by the Bureau of Jail Management and Penology (BJMP) created also under RA No. 6975. BJMP is placed under the Department of the Interior and Local Government.
BJMP is mandated to establish jails in every district, city, and municipality and to maintain secured, clean, adequately equipped, and sanitary jails for the custody and safekeeping not only of city prisoners and municipal prisoners but also of : fugitives from justice, detainees, and violent/mentally ill persons (Section 63, RA No. 6975).
After convicts have passed through the Correction Component - either unconditionally (as by full service of the term of imprisonment imposed on them), or by parole, or by pardon - they revert to the COMMUNITY and either lead normal lives as law-abiding citizen in their barangays or regrettably commit other crimes and thus go back through the same stages of the Criminal Justice System.
The community at large - through the appropriate legislative agencies, public and private educational institutions, parents and guardians, churches, religious organizations, civic associations, etc. - develops and exacts conformity with acceptable moral and ethical values, creates the environment for the development of civic-spirited citizens, and fosters respect for and observance of the Rule of Law.
In particular, members of the community having knowledge of facts relevant to the investigation or prosecution of crimes, are expected to cooperate with law enforcers and investigators, by reporting crimes and giving evidence against the offenders.
The Community Component should also include key government institutions that play bit, albeit, important roles in the CJS, such as the Bureau of Posts which delivers court documents, notices, and other processes; the Bureau of Immigration & Deportation which may prevent the departure of suspects from the country; the Bureau of Telecommunications which transmits communications by telephone, telegram, or radio; and government hospitals and medical centers (like the National Psychopathic Hospital) which furnish experts who may enlighten the courts on issues involving medicine, surgery, or other sciences. Private institutions and civic organizations should also be deemed part hereof since they may also have significant roles to play in Criminal Justice System.
It should now be evident that the Philippine Criminal Justice System is not just the agencies charged with law enforcement; not just the prosecution arm of the government; nor just the courts; nor just the correctional system, nor just the community. The Criminal Justice System is all of these "pillars" considered collectively.
So also, it should now be obvious that, for an efficacious Criminal Justice System to work speedily, it is essential for all these five (5) pillars to work with dispatch and in full coordination with each other. Any perceived failure of the CJS in a particular given case due to some deficiency in one pillar cannot be blamed upon any of the other pillars.