PHILIPPINE

CRIMINAL
JUSTICE SYSTEM
PREPARED BY: SANTOS, MARK ANTHONY RCRIM
 What comes first,
LAW or CRIME?

“NULLUM CRIMEN NULLA POENA SINE LIGE”

There is no crime where there is no law punishing it.
 CRIME
Is an act or omission that punishable by law.
According to law punishing it:
Offense – punishable by Special Penal Laws
Any bodily Failure to do a
Felony – punishable by Revise
movement positivePenal
duty Code (RPC)
tending to
Misdemeanor which
or Infraction one is – in violation of
of Laws
produce some bound to do
City,
effectMunicipal,
in or Barangay Ordinance
external word
 CRIME
“Wrong or Evil”
 In ethical aspect, crimes are considered immoral. “Not wrong in itself”
(considered wrong
(becomes wrong because of
eveninthere
However, not all acts or omission is noof
violation lawlaw are against
the statute that proscribes it)
morality prohibiting it)

 According to it’s nature:

 It can be MALA INSE & MALA PROHIBITA
 FELONY
DOLO ( DECIET) CULPA (FAULT)

Freedom Freedom

Intelligence Intelligence

INTENT IMPRUDENT, NEGLIGENCE, LACKS of

FORESIGHT and SKIL
CRIME

According to absence/presence of attempted and frustrated

stage:
• Formal
• Material
WHAT IS CRIMINAL JUSTICE SYSTEM?

The machinery of the State or government,

which enforces the rules of conduct
necessary to protect life and property and
maintain peace and order.
• Totality of activities of the law enforcement,
prosecution, courts, correction and community.
• It is a systematized process which the government uses
to maintain social control by enforcing laws and
administering justice to maintain peace and order
WHAT IS
CRIMINOLOGY?
• It is defined as the body of knowledge
regarding crime as a social phenomenon
WHAT IS CRIMINAL?

• The criminal is the principal character in the

processes conducted by the 5 pillars
• A person who has committed a crime or has
been legally convicted of a crime
WHAT IS CRIMINAL LAW?

• It is defined as the branch of public law

which defines crimes, treats of their
nature, and provide for their punishment.
CLASSIFICATION OF
CRIMINAL LAW
SUBSTANTIVE CRIMINAL LAW

• defines elements that are necessary for

an act to constitute a crime and
therefore punishable.
PROCEDURAL CRIMINAL LAW

• refers to a statute that provides procedures

appropriate for the enforcement of the
Substantive Criminal law.
BASIC PRINCIPLES OF
CRIMINAL LAW WE ADHERE TO
IN THE ADMINISTRATION OF
THE CJS IN THE PHILIPPINES
• The first is “the presumption of innocence”. This
means that those who are accused of crimes are
considered innocent until proven guilty.
• The second is “the burden of proof which in
criminal cases means that the government must
prove beyond reasonable doubt” that the suspect
committed the crime. (Atty. Gabao, 2013)
 COMPONENTS OF
THE PHILIPPINE
CRIMINAL JUSTICE
SYSTEM
5 PILLARS OF PCJS

• Law Enforcement- the enforcement of

the laws of the land, including the
apprehension of possible violations of
such law
• Prosecution- the process of accusing the
person in court of a law violation,
particularly those criminal in nature.
• Court- is the institution charged with the
trial, or finding out whether a person is
guilty of a law violation and
determination of his punishment.
• Correctional Institution- carries out the
correction reformation, punishment, and
rehabilitation of an individual adjudged by a court of
law as guilty of committing a criminal offense.
• Community- the newest pillar of PCJS, being the
unit of society where individuals who have
committed criminal offenses and are deemed
reformed and rehabilitated after undergoing
correction, are being accepted as a totally new and
productive citizen
NOMENCLATURES
GIVEN TO THE
PERSON WHO IS
BEING PROCESSED
UNDER THE PCJS
At the police stage, during investigation, he is referred to as the
SUSPECT.
At the Prosecution office, during the determination of probable cause or
during the Preliminary Investigation, he is referred to as the
RESPONDENT.
At the trial of the case, when a case has been filed in Court, he is referred
to as the ACCUSED.
Once the court has determined that the accused is guilty beyond
reasonable doubt as charged and the judgment has been rendered, he is
referred to as the CONVICT.
It is only upon undergoing all the process when the person has served the
sentence when he can really be considered as a CRIMINAL.
(Atty. Gabao, 2013)
THE FIRST PILLAR

(LAW ENFORCEMENT)
• The Law Enforcement as the first pillar is
considered to be the “initiator” or the
“prime-mover” of the Criminal Justice
System.
• This pillar of the CJS involves prevention of
the commission of crime and the protection of
life, liberty and properties of the citizen.
CONCEPT OF POLICE

Concept of Police Service

1. OLD CONCEPT (punishment, arrest)
2. MODERN CONCEPT (police, absence of crime)

THEORIES OF POLICE SERVICE

3. HOME RULE THEORY (servants of the community)
4. CONTINENTAL THEORY ( servants of higher authority)
WHEN THEY LEARN OF
THE COMMISSION OF
CRIME OR DISCOVER
THEM, THEIR SPECIFIC
DUTIES ARE:
A. Investigate Crime
B. Arrest Suspects
C. Refer the case and the suspect
to the public prosecutor.
PREMIER LAW
ENFORCEMENT AGENCIES

1. The Philippine National Police

2. National Bureau of Investigation
3. Bureau of Internal Revenue
OTHER LAW ENFORCEMENT AGENCIES
IN THE PHILIPPINES.

1. PCG- Philippine Coast Guard

2. PPA- Philippine Ports Authority
3. AFP- Armed Forces of the Philippines
4. AMLC- Anti- Money Laundering Council
5. PDEA- Philippine Drug Enforcement Agency
6. BI- Bureau of Immigration
7. BOC- Bureau of Customs
8. PCTC- Philippine Center on Transnational Crime
9. ATC- Anti- Terrorism Council
10. NICA- National Intelligence Coordinating Agency
11. MMDA- Metro Manila Development Authority
12. SEC- Securities and Exchange Commission
13. LTO-Land Transportation Office
14. DOLE—Department of Labor and Employment
15. BFP- Bureau of Fire and Protection
16. BJMP- Bureau of Jail Management and Penology
FUNCTIONS OF LAW ENFORCEMENT RELATION TO
ADMINISTRATION OF THE CJS

1. To Prevent Criminal Behavior

2. To reduce Crime
3. To apprehend and arrest offenders
4. To protect the life and property
5. To regulate non-criminal conduct
THE EVOLUTION OF
PHILIPPINE POLICE
SERVICE
Carabineros de Seguridad Publica

Cuerpo de Seguridad Publica

Organized in 1712 for the purpose of carrying
the regulation of the Department of state: this
was armed and considered as the mounted
police.
GUARDRILLEROS / CUARDILLO

 This was a body of rural police organized in each town

and established by the Royal Decree of 18 January 1836,
this decree provide that 5% of the able-bodied 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 considered of a body of Filipino
policemen organized originally in each of the
provincial capitals of the central provinces of Luzon.
RA 6975- An act establishing the PNP under a
reorganized department of the DILG and for
other purposes, December 13, 1990.
• Interior and Local Government Act of 1990
• PNP Law
• DILG Law
 PHILIPPINE NATIONAL POLICE

 Organized pursuant to RA 6975, as amended by RA 8551

and RA 9708.
 Establish and maintain one police force which shall be
national in scope and civilian in character
 A law enforcement agency under the operational control of
DILG and administrative control and operational supervision
of the National Police Commission.
 PNP (RA 6975 SEC.27 STATUTORY POWERS OF
THE POLICE).

1. Enforce all laws and ordinances relatives to the protection

of lives and properties;
2. Maintain peace and order and ensure public safety;
3. Make arrest, search and seizures in accordance with
Constitution and pertinent laws;
4. Investigate and prevent crimes, effect arrest and assist in
prosecution.
5. Detain arrested persons, informing him of his rights under the
Constitution and pertinent laws.
DEFINE ARREST

Arrest refers to the taking of the person into custody in

order that he may be bound to answer for the
commission of the crime. (Rule 113, Section 1 of
Criminal Procedure).
ARREST
 It is the act of depriving a person of his or her liberty usually
in relation to the investigation and prevention of crime.
 The term is Anglo Norman in origin and is related to French
word “arret”, meaning to “STOP”
HOW IS ARREST MADE?

 SEC. 2. Arrest; how made.- an arrest is made by an actual

restraint of a person to be arrested, or by his submission to
the custody of making arrest.
 No violence or unnecessary force shall be used in making an
arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention.
WHAT IS WARRANT OF ARREST?

Legal process issued by a competent authority,

directing the arrest of a person or persons upon
grounds stated therein.
METHODS OF ARREST:

 Arrest with warrant- by virtue of a warrant of arrest

issued by judge.
 Warrantless Arrest- effected by a peace officer or
any private person on the following strengths:
The person has committed is committing or is about
to commit an offense.
An offense has been committed and the arresting
person has personal knowledge of facts
indicating the commission by the offender.
The person to be arrested is an escapee. (Rule
113, Section 5)
ARREST WITH WARRANT

Warrant of Arrest – order in writing issued in

the name of People of the Philippines, sign by a
judge and directed to a peace officer,
commanding him to take a person into custody
in order that he may be bound to answer for
the commission of an offense.
 REQUISITES FOR THE ISSUANCE OF
WARRANT OF ARREST
 Sec.2 of Article III (Bill of Rights) of the Constitution of Philippines
in part declares; The existence of such facts and
circumstances that would lead a
‘’Sec. 2. .. No search warrant or warrant of arrest shall
reasonably discreet issue
and prudent
man to believe that a crime has
expect upon probable cause to be determined personally by the
been committed and that it was
judge after examination under oath or affirmationlikely
of the complainant
committed by the person
and the witnesses he sought to be arrested
may be produce, and particularly describing
the place to be searched and the person or things to be seized. ‘’
DUTY OF ARRESTING OFFICER

SEC. 3. 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.
 How long is the validity of Warrant of
Arrest ?

Section 4. Execution of Warrant. – 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 it from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was
assigned for execution shall a make report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall state the
reasons therefor.
TIME MAKING OF AN ARREST

Section 6. Time of making arrest – An arrest may be

made on any day and any time of the day or night.
CONSTITUTIONAL RIGHTS OF
PERSON UNDER ARREST

1. Must be informed of his rights

2. No means of force to vitiate the free will shall be
used against him.
3. Any confession or admission obtained in violation
of his rights be admissible in evidence against him
MIRANDA RIGHTS
RIGHTS OF POLICE OFFICERS
CONDUCTING ARREST

 Authority to summon assistance (SEC.10)

 Right of officer to break into building or enclosure.
(SEC.11)
 Right to break out from building or enclosure
(SEC.12)
WARRANTLESS ARREST (CITIZEN’S ARREST)

When the person to be arrested is a prisoner who has

escaped from When,
When inanestablishment
a penal hisoffense
presence,hastheplace
or person
just been he
where
Arrest without warrant; when tolawful?
be arrested
committed,
is serving final judgement andorhas committed,
heishas is
probable cause
temporarily confined
Section 5. Arrest without
while his actually
to believe
warrant;
cause when committing,
based
lawful.
is pending, – Ahas
or peaceor personal
onescaped is while
officer or a
being
private person may, aattempting
knowledge
transferred
without toofcommit
fromarrest
warrant, one facts an circumstances
or
confinement
a person: offense.
to another”
that the person to be arrested has
1. IN FLAGRANTE DELICTO (Caught it.
committed in the act)
2. HOT PURSUIT ARREST
3. PRISONER’S ARREST
 ART. 124. ARBITRARY DETENTION

• The commission of a crime

Detention is defined as the actual
• Violent insanity or any other
confinement of a person in an
ailment requiring compulsory
Elements: of the patient in a enclosure, or in any manner detaining
confinement
and depriving him of his liberty
hospital
• That the offender is a public officer or employee
• That he detains a person
• That the detention is without legal grounds
ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSON TO THE PROPER
JUDICIAL AUTHORITIES

 Public officer/ employee

 That he has detained a person for some legal ground
 That he fails to deliver such person to the proper judicial authorities within:
• 12 hours - light penalties
• 18 hours – correctional penalties
• 36 hours – afflictive or capital penalties
 SEARCH AND SEIZURE

Search – Examination of a person’s body,

property or other area
Seizure – An act of taking
 SEARCH AND SEIZURE

 RULE 126 of Revised Rules on Criminal

Procedure
 Section 1. Search warrant defined – A
search warrant is 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
describe therein and bring it before the
court
PERSONAL PROPERTY THAT CAN BE SUBJECT TO
SEARCH AND SEIZUIRE

Section 3. Personal Property to be seized. – A search warrant may be

issued for the search and seizure of personal property:
• Property subject to the offense
• Property stolen or embezzled or fruits of the offense
• Property used or intended to be used as the means of committing an
offense.
 REQUISITES FOR ISSUING SEARCH
WARRANT

 Section 4. Requisites for issuing search warrant. – A search

warrant shall not issue expect upon probable cause in
connection with one specific offense to be determined
Suchpersonally
facts and circumstances
by the judgewhichafter examination under oath or
could lead a reasonable discreet and
affirmation of the complainant and the witnesses he may
prudent man to believe that an offense
produce,
has been and and
committed particularly
that the objectdescribing the place to be
sought to be searched.
searched and the things to be seized which may be anywhere
in the Philippines.
WHERE TO APPLY FOR SEARCH
WARRANT?

Section 2. Court where application for search warrant shall be filed. – An application for
search warrant shall be filed with the following:
• Any court within those territorial jurisdiction a crime was committed.
• For compelling reasons stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the crime
is known, or any court within the judicial region where the warrant shall be
enforced.
• However, if the criminal action has been filed, the application shall only be made
in the court where the criminal case is pending.
VALIDITY OF SEARCH
WARRANT

• Section 10. Validity of search warrant. – A search warrant shall be

valid for ten (10) days from it’s date. Thereafter it shall be void.
TIME OF MAKING SEARCH

• Section 9. Time of making search. – 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 anytime of the day or night.
METHODS OF SEARCH

• Section 7. Right to break door or window to effect search. – The

officer, if refused admittance to the place of directed search after
giving notice of his purpose and authority, may break open any outer
or inner door or window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any person
lawfully aiding him when unlawfully therein.
Section 8. Search of house, room, or premise to be made in
presence of two witnesses. – No search of a house, room, or any
other premise shall be made expect 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. (7a)
WARRANTLESS SEARCH AND SEIZURE

 Warrantless search incidental to lawful arrest

 Search of evidence in plain view
 Search of a moving vehicle
 Consented warrantless search
 Custom search
 Stop and Frisk
 Exigent and emergency circumstances
 Airport searches
 WARRANTLESS SEARCH INCIDENTAL TO
LAWFUL ARREST

Section 13. Search incident to

lawful arrest. – A person lawfully
arrested may be searched for
dangerous weapon or anything
which may have been used or
constitute proof in the
commission of an offense without
a search warrant.
SEARCH OF EVIDENCE IN PLAIN VIEW

Under the plain view doctrine,

objects falling in the plain view of
an officer who has a right to be in
the position to have that view are
subject to seizure and may be
presented as evidence. The plain
view doctrine applies when the
following requisites concur:
• Law enforcement officer in search of evidence have prior
justification for an intrusion or are in a position from
which they can view a particular area;
• The discovery of the evidence in plain view is inadvertent;
and
• It is immediately apparent to the officers that the item they
observed may be evidence of a crime, a contraband or is
otherwise subject to seizure.
 SEARCH OF A MOVING VEHICLE

• A warrantless search of a moving

vehicle is justified on the ground
that is not practicable to secure a
warrant, because the vehicle can
be quickly moved out of the
locality or jurisdiction in which
the warrant is sought.
CONSENTED SEARCH

• It is fundamental that to constitute a waiver, it must first

appear that (1) the right exist; (2) the person involved had
knowledge, either actual or constructive, of the existence of
this right; and (3) that a person had an actual intention to
relinquish the right.
 CUSTOM SEARCH

• Person exercising police authorities under

the customs law may effect search and
seizure without a search warrant in the
enforcement of customs law
 STOP AND FRISK

• Also known as the Terry Search,

refers to a case in which a police
officer approaches a person who
is acting suspiciously for the
purpose of investigating possible
criminal behavior, in line with
the general interest of effective
crime prevention and detection.
EXIGENT AND EMERGENCY CIRCUMSTANCES

• Police are not required to obtain a search warrant if

they reasonably believe that evidence may be
destroyed or others may be place in danger in the
time it would take to secure the warrant.
AIRPORT SEARCH
END OF
PRESENTATION

Prepared by: Mark Anthony Santos, RCRIM