Rey Nino B.

Abucay RCrim

Introduction to Criminal Justice System

Course Description:

This course deals with the study of formal and informal components of the Criminal Justice
System of the Philippines. It covers the respective mandates, processes, and interrelations in
the administration of criminal justice, and the other forms of justice system.

Course Objectives:

1. Recognize the functions of the law enforcement agencies in arrest, detention, human
rights, investigation, inquest, prosecution, trial, judgment and appeal.
2. Explain the process of filing criminal cases from Police to Court and the rights of the
accused and victim.
3. Illustrate the interplay, and roles of the components of the Philippine Criminal Justice
System.
4. Discuss other modes of Criminal Justice System including the legally recognized Justice
System of cultural minorities.

Course Outcomes

 Students should be able to describe the concept of criminal law, its sources, and
characteristics.
 Students should be able to distinguish the different models of criminal justice system.
 Students should be able to examine the components of criminal justice system and their
functions.
 Students should be able to analyze the process of instituting criminal action.
 Students should be able to discuss the process of conducting trial, rendering judgment
and appeal.
 Students should be able to discuss the different institutional and non-institutional
methods applied in the Philippines.
 Students should be able to analyze the components of the community and their role in
criminal justice system.
 Students should be able to examine the role of katarungan pambarangay and its effect
in Philippine Criminal Justice System.
 The students should be able to analyze and differentiate the various forms of justice
system.

COURSE REQUIREMENTS: 
 1. First Period, Second Period, and Final Period; 
2. Active class participation regular attendance and everybody must prepare a personalized
prayer to be rendered before the class starts; 
3. Wearing of school ID’s and prescribed uniform; 
4. Males are not allowed to wear earrings; 4 x 5 haircuts for males must be observed; 
5. Cheating is dealt as a major offense and carried a consequence of DROPPED; 
6. Drunkenness is not allowed. Observe the proper classroom environment; 
7. Fifteen minutes late is considered absent and seven consecutive absences are considered as
dropped. Cell phones must be TURNED OFF as the class starts; otherwise it will be
confiscated; 
8. Bring with you your own paper, notebook and ball pen; and 
9. Submission of activities and collection of summative assessments.

Week 2
LESSON 1
Concept of Crime and Justice

Objective:
1. Identify the characteristics of criminal law;
2. Explain the importance of law;
3. Differentiate Mala Prohibita and Mala Inse.

MAIN LESSON

Crime is an act or omission punishable by law forbidding or commanding it.

Based on the Theory of Logomacy there is no crime if there is no law punishing such act. That is why
it is very important for us to define first what law is all about.

Law – is defined as the rule of conduct, just made obligatory by legitimate authority for the general
welfare and benefit of all the people.

Sources of Philippine Criminal Law:

1. The Revised Penal Code (Act No. 3815) and its amendments.
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law.
Take Note: Court decisions are not sources of criminal law, because they merely explain the meaning
of, and apply, the law was enacted by the legislative branch of the government.

Power to define and punish crimes

The State has the authority, under its police power, to define and punish crimes and to lay down the
rules of criminal procedure. States, as a part of their police power, have a large measure of discretion in
creating and denning criminal offenses. (People vs. Santiago, 43 Phil. 120, 124)
The right of prosecution and punishment for a crime is one of the attributes that by a natural law
belongs to the sovereign power instinctively charged by the common will of the members of society to
look after, guard and defend the interests of the community, the individual and social rights and the
liberties of every citizen and the guaranty of the exercise of his rights. (U.S. vs. Pablo, 35 Phil. 94, 100)

Limitations on the power of the law-making body to enact penal legislation.

The Bill of Rights of the 1987 Constitution imposes the following limitations:

● No ex post facto law or bill of attainder shall be enacted. (Art. Ill, Sec. 22)
● No person shall be held to answer for a criminal offense without due process of law. (Art. Ill,
Sec. 14[1])

The first limitation prohibits the passage of retroactive laws which are prejudicial to the accused.

● Congress is also prohibited from passing an act which would inflict punishment without judicial
trial, for that would constitute a bill of attainder.
 What is an Ex-post Facto Law?

Derive from the Latin for "from a thing done afterward." It is used to refer a criminal statute that
punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. It
also makes criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act.

What is Bill of Attainder?

Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt. (People vs. Ferrer, 48 SCRA 382, 395)

Criminal Law- is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

Three Characteristics of Criminal Law

1. General, in that criminal law is binding on all persons who live or sojourn in Philippine territory. (Art.
14, new Civil Code)

Exceptions to the General application of Criminal Law:

Take Note: There are cases where our Criminal Law does not apply even if the crime is committed by
a person residing or sojourning in the Philippines.

● The opening sentence of Article 2 of the Revised Penal Code says that the provisions of this
Code shall be enforced within the Philippine Archipelago, "except as provided in the treaties
and laws of preferential application."
● Persons exempt from the operation of our criminal laws by virtue of the principles of public
international law.

The following are not subject to the operation of our criminal laws:
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, minister’s plenipotentiary, minister’s resident, and charges d'affaires.

2. Territorial, in that criminal laws undertake to punish crimes committed within Philippine territory.
The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only
within its territory. The law is binding to all crimes committed within the National Territory of the
Philippines.
Terrestrial- jurisdiction exercised over land
Fluvial – over maritime and interior waters
Aerial – over the atmosphere

Exception:

It can still be applied under the following conditions:

● Should commit an offense while on a Philippine ship or airship.

● Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
● Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
● While being public officers or employees, should commit an offense in the exercise of their
functions; or
● Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.

3. Prospective, in that a penal law cannot make an act punishable in a manner in which it was not
punishable when committed. As provided in Article 366 of the Revised Penal Code, crimes are
punished under the laws in force at the time of their commission.

Exceptions to the prospective application of criminal laws:

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the
accused, it can be given a retroactive effect.

But this exception has no application:

1. Where the new law is expressly made inapplicable to pending actions or existing causes of action.
(Tavera vs. Valdez, 1 Phil. 463, 470-471)
2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art. 22,
RPC)

Mala In Se
The act is wrong from its very nature and criminal intent is an element for mala in se. Good faith is a
valid defense unless the crime is the result of culpa. Crimes under the Revised Penal Code are mala in
se in nature. Thus, intent is an element.

Mala Prohibita
The act is wrong because it is prohibited by law. Criminal intent is not material but still requires
intelligence and voluntariness. Usually, special laws are Mala Prohibita. However, there are special
laws that are mala in se in nature. E.g, RA 8353, “The New Rape Law”.

Formative test
UNDERSTANDING (Lower order thinking skills)

This is a self-assessment; you have to answer the question honestly.

Activity 1: Explain the importance of law in not more than 5 sentences. Write your answer on the
space provided
REMEMBERING (Lower order thinking skills)
Activity 2: Identify and arrange the scrambled words related to our today’s topic. Use the clues
provided to answer this activity.

1. GLEANER- This Answer: means that the

criminal law is binding on all
persons who live or sojourn in Philippine territory.

2. RREITORLTAI- The law is binding to all crimes committed within the National Territory of the
Philippines.

Answer:

3. RACINMIL ALW- It refers to the branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.

Answer:
 4. LUVAIFL- Criminal Answer: law applies over
maritime and interior waters.

5. PPSOREEITCV- As provided in Article 366 of the Revised Penal Code, crimes are punished
under the laws in force at the time of their commission.
Answer:

Activity 3: Identification

Instructions: Read the statements below regarding the concept of crime and justice. Identify the
correct answer and write it on the space provided.

________________________1. Refers to a legislative act which inflicts punishment without trial. Its
essence is the substitution of a legislative act for a judicial determination of guilt.

________________________2. It makes criminal an act done before the passage of the law and
which was innocent when done, and punishes such an act.

________________________3. An act committed or omitted in violation of a public law forbidding or

commanding it.

________________________4. Crimes under the Revised Penal Code are ________ in nature.
________________________5. The act is wrong because it is prohibited by law.

LESSON 2

Concept of Criminal, Victim, and Victimization Theories

Learning Targets:

At the end of the module, students will be able to:

1 Distinguish the term criminal in layman and legal perspective; and

2. Apply the terms used to a person who commits a crime in every stage or level of the justice system.

MAIN LESSON

Who is a Criminal?
A person who committed a crime and convicted by final judgment.

The term criminal is used both in layman and legal perspective.

In the legal sense, criminal refers to any person who has been found to have
committed a wrongful act in the course of the standard judicial processes.
In the criminology sense, a person is already considered as the criminal the moment he committed
any anti-social act even without conviction.
Victimology is the scientific study of the psychological effects of crime and
the relationship between victims and offenders.

A victim is defined as a person who has suffered physical or emotional

harm, property damage, or economic loss as a result of a crime.

Theories of Victimization
Theory of Victimization deals with the role that the victim plays in the
criminal event.

1. VICTIM PRECIPITATION THEORY

 According to victim precipitation theory, some people may actually initiate the

confrontation that eventually leads to their injury or death.
 In 1971, Menachem Amir suggested female rape victims often contribute to their attacks
by... pursuing a relationship with the rapist.
 A woman may become the target of domestic violence when she increases her job status and
her success results in a backlash from a jealous spouse or partner.

Victim Impulsivity:

 A number of research efforts have found that both male and female victims have an impulsive
personality that might render them abrasive and obnoxious, characteristics that might incite
victimization.
 It is possible that impulsive people are not only antagonistic and therefore more likely to become
targets, but they also are risk takers who get involved in dangerous situations and fail to take
precautions.
2. LIFESTYLE THEORY

 Some criminologists believe people may become crime victims because their lifestyle increases
their exposure to criminal offenders.

Examples:

 Single women who drink frequently and have a prior history of being sexually assaulted are
most likely to be assaulted on [college] campus.
 People who belong to groups that have extremely risky lives— homeless, runaways, drug users
—are at high risk for victimization; the more time they are exposed to street life, the greater their
risk of becoming crime victims.

3. DEVIANT PLACE THEORY

 The more often victims visit dangerous places, the more likely they will be exposed to crime and
violence. Victims do not encourage crime, but are victim prone because they reside in socially
disorganized high-crime areas where they have the greatest risk of coming into contact with
criminal offenders, irrespective of their own behavior or lifestyle.
4. ROUTINE ACTIVITIES THEORY

 The volume and distribution of predatory crime (violent crimes against a person and crimes in
which an offender attempts to steal an object directly) are closely related to the interaction of
three variables that reflect the routine activities of the typical American lifestyle:
a. The availability of suitable targets, such as homes containing easily saleable goods.
b. The absence of capable guardians, such as police, homeowners, neighbors, friends, and
relatives. Even the most desperate criminal might hesitate to attack a well-defended target [A]n
undefended yet attractive target (not referring to sexual) becomes an irresistible objective for
motivated criminals.
c. The presence of motivated offenders, such as a large number of unemployed teenagers.

What is the different designation of a person under the pillars of Phil. Criminal Justice System?

Pillars Designation

Law Enforcement/ Police At this stage a person is called SUSPECT.

Prosecution At this stage a person is called RESPONDENT.

 Court At this stage a person is called ACCUSED.

Correction At this stage a person is called CRIMINAL.

Community At this stage a person is called EX-CONVICT.

Formative test

REMEMBERING (Lower order thinking skills)

Activity 1: Multiple Choice Questions

Instructions: Read the statements below regarding the concept of criminal, victim, and victimization
theories. Just encircle the letter of the best choice. (5 points)

1. Defined as a person who has suffered physical or emotional harm, property damage, or economic
loss as a result of a crime.

a. Victim c. Suspect
b. Criminal d. Respondent
2. What particular victimization theory states that some people may actually initiate the
confrontation that eventually leads to their injury or death?

a. Lifestyle Theory c. Deviant Place Theory

b. Victim Precipitation Theory d. Routine Activity Theory
3. What particular victimization theory states that people may become crime victims because their
lifestyle increases their exposure to criminal offenders?

a. Lifestyle Theory c. Deviant Place Theory

b. Victim Precipitation Theory d. Routine Activity Theory
4. Refers to the scientific study of the psychological effects of crime and the relationship between
victims and offenders.
-
Activity 2:
Instructions: In this activity, let us focus on the criminal perspective. Let’s do a recap of the things
you read based from our topic by matching the column A to column B. (1 point each)

Column A Column B

a. Accused

___________1. Persons of interest

b. Criminal

___________2. Suspect

__________3. Prosecution c. when there is one suspected person

left

___________4. Court d. if there are several suspicious

persons

___________5. Corrections e. Respondent

APPLICATION AND ANALYSIS (Higher order thinking

skills)
See the attached pictures below, identify and differentiate the
terms used to a person who commits a crime in every stage or
level of the justice system. Limit your answer into 2 sentences.
 Answer:

Answer:

Q1. Is suspect and criminal the same?

Answer: Based on its legal aspect, suspect and criminal are not the same. Suspect is a person whose
guilt is considered to have reasonable ground to be of practical possibility. Criminal is a person who
committed an act in violation of law. There is a real judgment of conviction.

Q2. What is criminal in layman and legal perspective?

Answer: In layman’s term criminal is any person who commits a crime while based on the legal aspect,
criminal is a person charged of a crime, brought before the trial court and found by the same as guilty of
the crime charged.