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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. Posi Positi tive ve La La !h !heo eory ry states that actions are unjust if they violate or are contradictory to the law! and "#ST$%& is S&'& B* +,&'$- T/ T,& 0+1. law! that there are ". Soci Social al #oo #ood d !he !heor ory y states that justice is more than one finds in positive law! standards or concepts of what is in best interest of the society! and that man made laws can be judged against these these standard or concept and found lac2ing. $. Natu Natura rall %i&h %i&htt !h !heo eory ry states that natural laws e3ist and governs the affairs of men as much as it does the phenomenon of physical universe. This school may be summari4ed by this rule '&-&' T/ &+%, ,$S '$,T /' #&. La is a major input to the criminal justice system. 0aw is society5s primary instrument for ma2ing 2nown what acts are crimes and what sanctions may be applied to those who commit acts defined crimes.
+nother definition of La that method of S/%$+0 %/-T'/0 that is formally &-+%T& or 6'/7#0+T& 6'/7#0+T& by the agency or agencies to ma2e law and that is subject to interpretation by and through the %/#'TS. 'orms of La( 8. %ommon %ommon 0aw 9 2nown 2nown in other countri countries es as the body body of principl principle! e! practices! practices! usages usages and rules rules of action. :. Sta Statut tutory ory 0aw 0aw ) a legislated law; or law made by b y legislatures . %ase 0aw 9 law made made by justice justicess in cases decide decided d in the appellate appellate courts courts especial especially ly by the Supreme %ourt !ypes of La
8. %ivil %ivil 0aw 9 law which which has somethin something g to do with such such things things as %/-T'+%T %/-T'+%TS! S! 1$00S! 1$00S! $-,&'$T+-%&S! 7+''$+&! 6'/6&'T*! $/'%&! +/6T$/- and the li2e! and with 6'$+T& $-"#'$&S which are called
a. 7ajor 6urpo 6urpose se or >unction >unction 9 is is the preserv preservation ation of of social social order order in the society society.. b. Sanctions 9 referred to as
s ystem or process in the community by which Criminal Justice system or CJS simply is the system crimes are investigated! and the persons suspected thereof are ta2en into custody! prosecuted in court! and punished if found guilty guilty!! provision being being made for their correction and and rehabilitation. (,andboo2 (,andboo2 on the %ourts and the %"S! b y %hief "ustice +ndres +ndres -arvasa! 8??@) CJS as a SS!-*/ defined( is the machinery which the society uses in the prevention of crime. System 9 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 P%0C-SS/ defined( refers to the
&$ 6ublication! To2yo. 8?A8)
Prepared by: Hermie Terrence Reodava, Instructor In structor
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POLICE
PROSECUTION
COMMUNITY CRIME
CORRECTION
COURT
Figure 1: Shows the flow and the relationship of the five pillars of criminal justice system 'unctions 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 lawabiding citi4en. 'ive Pillars of the Criminal Justice System 1. Police or la enforcement pillar ) a body of civil authority! which is tas2ed to maintain peace and order enforce law! protect lives and properties and insure the public safety. :. Prosecution pillar ) t he %"S pillar mandated by the law to bring to justice all criminal cases for prosecution and prove the guilt of the accused beyond reasonable doubt. . Court pillar 9 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. C. Corrections pillar 9 are the process or system of ta2ing care of the custody! treatment and rehabilitation of all convicted persons or prisoners punished by law for the commission of an offense. D. Community pillar 9 largest component of %"S. $t is made up of various agencies in the public especially the local government units and the private sector especially the nongovernment organi4ations. 'unctions of the 'ive Pillars
The police or la enforcement pillar occupies the frontline of the %"S because they are regulated as the initiator of the system. They are the first contact of the law violator in the %"S process. $t is the police that investigate! ma2e arrest and prepare evidences against the suspects needed to prosecute them. The prosecution pillar ta2es care of evaluating the evidences and formally charges a suspect before the court. $t serves as screening process on whether to file a case on evidences or dismiss the same. $t 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. $t shall issue warrant of arrest if the accused is at large. $t 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 lawabiding citi4en by accepting the e3 convicts 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 for&otten soulman of the CJS2 The victim (+lma "ose! -otes on %ri minal "ustice System in the 6hilippines! 7anila! 8??: &d. p. DC) 3+!+%,N#+N# P+*4+%+N#+
The 3atarun&an& Pambaran&ay or 4aran&ay Justice System is a communitybased dispute settlement mechanism that is administered by the basic political unit of the country! the barangay. +s a community based mechanism for dispute resolution! it covers disputes between members of the same community (generally! same cityEmunicipality) 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 4aran&ay Justice System is mandated by %epublic +ct No. 5167 or the Local #overnment Code of 1881. 6rior to this law! however! the establishment of the Barangay "ustice System had been covered by 6residential ecree 8DFA in 8?GA and Batas 6a mbansa Blg. G or the 8?A 0ocal overnment %ode. 1hen 6 8DFA first decreed the setting up of the Barangay "ustice System! the law had the following objectives • • •
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To promote the speedy administration of justice To minimi4e the indiscriminate filing of cases in courts To minimi4e the congestion of court doc2ets and thereby enhance the quality of justice dispensed by the courts To perpetuate and recogni4e the timehonored tradition of amicably settling disputes at the community level
These same objectives are stated in the 3atarun&an& Pambaran&ay %ules that were promulgated by the epartment of "ustice on "une 8! 8??:! pursuant to the mandate of the 0ocal overnment %ode. These rules serve as the implementing rules for the provisions of the 0ocal overnment %ode on the establishment! administration! and operation of the Barangay "ustice S ystem. #nder the Barangay "ustice 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. ,ence! 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 Punon& 4aran&ay and the community conciliators 9Lupon members: do not act as judges or adjudicators of disputes but as f acilitators for the disputing parties5 discussion of possible solutions. >or this reason! the personal appearance and participation of the disputing parties is necessary! while the non appearance of the parties will have corresponding sanctions. +lso because of the need for the disputing parties5 personal participation in the conciliation proceedings! disputes involving nonnatural persons li2e corporations are not subject to the conciliation proceedings of the Barangay "ustice System. Simply put! the Barangay "ustice System provides a friendly! ine3pensive! and speedy forum for the settlement of disputes where the parties can freely e3plore options for amicably resolving their disputes without resorting to the courts. /n the issue of access to justice! the Barangay "ustice System provides an accessible mechanism for resolving the justice issues of the poor. Composition and ;ualifications of Lupon Who has the authority to constitute the Lupon2 The 6unong barangay can appoint the 0upon members. $t is hisEher e3clusive prerogative H no need for approval! confirmation or ratification of the Sangguniang barangay. What if the Punon& baran&ay fails to or&anio many people should the Punon& baran&ay include in the list2 7inimum of ten and a ma3imum of twenty (8F:F) persons
Prepared by: Hermie Terrence Reodava, Instructor
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Who are ?ualified to be members of the Lupon2 +nybody who is an actual resident or wor2ing in the barangay! of legal age and possesses the following qualities integrity! impartiality! independence! fairness! reputation for probity! patience! resourcefulness! openmindedness and fle3ibility! can be a member of the 0upon. ;ualified as Lupon members actual residentsEwor2ing in the barangay of legal age • with the qualities mentioned above • Dis?ualified to be Lupon members below 8A 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 3atarun&an& Pambaran&ay
#nlawful use of means of publication and unlawful utterances (+rt. 8DC); +larms and scandals (+rt. 8DD); #sing false certificates (+rt. 8GD); #sing fictitious names and concealing true names (+rt. 8GA); $llegal use of uniforms and insignias (+rt. 8G?); 6hysical injuries inflicted in a tumultuous affray (+rt. :D:); iving assistance to consummated suicide (+rt. :D); 'esponsibility of participants in a duel if only 6hysical injuries are inflicted or no physical injuries have been inflicted (+rt. :@F); 0ess serious physical injuries (+rt. :@D); Slight physical injuries and maltreatment (+rt. :@@); #nlawful arrest (+rt. :@?); $nducing a minor to abandon hisEher home (+rt.:G8); +bandonment of a person in danger and abandonment of one5s own victim (+rt. :GD); +bandoning a minor (a child under seven IGJ years old) (+rt. :G@); +bandonment of a minor by persons entrusted with hisEher custody; indifference of parents (+rt. :GG); Kualified trespass to dwelling (without the use of violence and intimidation) (+rt. :AF); /ther forms of trespass (+rt. :A8); 0ight threats (+rt. :A); /ther light threats (+rt. :AD); rave coercion (+rt. :A@); 0ight coercion (+rt. :AG); /ther similar coercions (compulsory purchase of merchandise and payment of wages by means of to2ens) (+rt. :AA); >ormation! maintenance and prohibition of combination of capital or labor through violence or threats (+rt. :A?) iscovering secrets through sei4ure and correspondence (+rt. :?F); 'evealing secrets with abuse of authority (+rt. :?8); Theft (if the value of the property stolen does not e3ceed pDF.FF) (+rt. F?); Kualified theft (if the amount does not e3ceed 6 DFF) (+rt. 8F); /ccupation of real property or usurpation of real rights in property (+rt. 8:); +ltering boundaries or landmar2s (+rt. 8); Swindling or estafa (if the amount does not e3ceed p:FF.FF) (+rt. 8D); /ther forms of swindling (+rt. 8@); Swindling a minor (+rt. 8G); /ther deceits (+rt. 8A); 'emoval! sale or pledge of mortgaged property (+rt. 8?); Special cases of malicious mischief (if the value of the damaged property does not e3ceed 6 8!FFF.FF) (art :A); /ther mischief (if the value of the damaged property does not e3ceed 6 8!FFF.FF). (+rt. :?);
Prepared by: Hermie Terrence Reodava, Instructor
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Simple seduction (+rt. A); +cts of lasciviousness with the consent of the offended party (art ?); Threatening to publish and offer to prevent such publication for compensation (+rt. D@); 6rohibiting publication of acts referred to in the course of official proceedings (+rt. DG); $ncriminating innocent persons (+rt. @); $ntriguing against honor (+rt. @C); $ssuing chec2s without sufficient funds (B6 ::); >encing of stolen properties if the property involved is not more than pDF.FF (6 8@8:). What other cases are e@empted in 3atarun&an& Pambaran&ay aside from that of a Auridical person or corporation2 The cases e3empted are the following offenses involving government entity; offenses with ma3imum penalty of 8 year and e3ceeding fine five thousand (6 D!FFF.FF); 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 member2 #pon appointment! each 0upon member shall serve for three () years unless terminated by death! resignation! transfer of residence or place of wor2! or withdrawal of appointment by the 6unong barangay. ,owever! the withdrawal should be concurred with a majority of all the members of 0upon. +re the Lupon members entitled to some compensation2 The 0upon members shall serve without any compensation. if the barangay has enough funds! we can always give honoraria to 0upon members who have participated in the resolution of a particular case.
Prepared by: Hermie Terrence Reodava, Instructor
