The Philippines, like any other country that function under a system of a democratic

society, operates its criminal justice system apparatus whereby society identifies,
investigates, accuses, tries convicts, punishes, and rehabilitation criminal offenders.
Hence, the Philippines Criminal Justice System may be viewed in three (3) challenging
perspectives, such as the following:
THE CRIMINAL JUSTICE SYSTEM AS PART OF THE TOTAL SOCIAL SYSTEM IN
THE PHILIPPINES
In the Philippines the criminal justice line-agencies is composed of, the Police,
Prosecution, Court, Correctional Institutions, Community, as it is illustrated in the
diagram below.
The Formal Criminal Justice Process
One way of understanding the Criminal Justice is to view it as a process that takes
criminal offender through a series of the decision points beginning with the arrest
and concluding with the reentry into society. A comprehensive view of formal
Criminal Justice process would normally start with the interactions of the criminal
justice components as it is shown on the diagram below whereby the flow of
violators passes through criminal Justice System sequential order.
Police/Law Enforcement Police/Law Enforcement
Specifically, the first stage in the criminal justice process pertains police or Law
enforcement activities which is carried on through INVESTIGATION of crimes that are
reported to or discovered by the police or Law enforcers.
A. POLICE INVESTIGATION

1. Initial contact
The initial contact with the criminal justice system takes place as a
result of a police actions.
Example.
A police assigned on patrol observed a person actually committing a
crime, or contacted by a victim who reports a crime, the police respond
by going to the scene of the crime to investigate.
2. Investigation

a.
b.
c.
d.

The purpose of the investigatory stage is to gather

sufficient evidence to identify the suspect and support a legal arrest.
The process of investigation includes but not
limited to:
Surveillance and observation of suspects
Taking of photographs surreptitiously or otherwise
c. Interview of persons with personal knowledge of facts
d. Entrapment suspects ( with consent of the court) when feasible

e. e. Search of premises or persons and seizures of objects, subject to

constitutional and statutory safeguards
f. f. Examination of public and other available records pertaining to
persons involved in crimes.
Arrest
The arrest power of the police involved the taking of a person into
custody in accordance with lawful order and holding the person to
answer for a violation of the criminal law.
Custody
The moment after an arrest is made , the detained suspect
is considered under police custody and is now restricted of his freedom
of movement. The police may wish to search the suspect for weapon or
contraband.
Charging
If the arresting officer or his superior believe that sufficient evidence
exists the person is charge with specific crime for which he had been
arrested.
NOTE:
In every stage of these processes, the police is mandated by law to
appraise the person or suspect of his constitutional rights, otherwise
the failure (intentional or unintentional) of the police will be held
criminally liable for noncompliance thereof.
B. REFERRAL
After the formal investigation has been completed the police has
to referred the investigation repiort to the prosecutors office, including
the evidences (Physical or documentary proof) and the suspect if he is
in custody.
B. COURT APPEARANCE/DUTY
The police (investigator or arresting officer) when summon by the court
must appear in court to stand as witness for the prosecution.
1. EVALUATE, screen and review the police investigation report
referred to them or other complaint filed directly with them by
individual persons (e.g. private citizens who are victims or have
personal knowledge of crime, government officers in charge with
the enforcement of the law violated.)
THE PUBLIC ATTORNEYS OFFICE (PAO)
THE DEFENDER
The 1987 Philippine Constitution state in part, in all
criminal prosecution, the accused shall enjoy the rights to have

assistance of counsel. Everyone rich or poor, is entitled to be

defended by a Public Defense attorney when charges are brought
against him or her, that is, if the individual cannot afford to pay or
hire a private defense counsel, the states must provide one free of
charge.
As soon as a person is arrested he or she needs a defense attorney.
If such a need does not immediately come to mind, the police
routinely remind the suspect that, you have the right to Attorney.
And, the role of the defense attorney begins almost as soon as the
arrest occurs, for the accused needs the assistance of counsel to
make sure that the interrogation and other pretrial procedures are
conducted in a constitutional manner. The defense counsel may
even conduct his own investigation independently to assert the
defense of the accused.
Function
To provide free legal assistance and services to indigent
members of society.
Objectives
Humanitarian and democratization of justice.
Activities
1. to render legal assistance, advice and counseling to
indigents;
2. to render legal documentation services to indigents;
3. to extend mediation services to indigents;
4. to represent indigents or immediate members of their
families in all civil and criminal cases, including administrative and
labor cases; and
5. to assist or represent indigents detention prisoners upon
request.
COURT
Are the judicial tribunals upon which the judicial power of the
government is vested in one Supreme Court and such other courts
that may be established by law. The Supreme Court is the highest
court of the land. It is a review court of last resort, for no appeal lies
its judgments and final orders. It exercise appellate jurisdiction over
cases decided by the Court of Appeals or Regional Trial Courts. As a
rule only question of law may be raised in appeal to it.
Judicially, the power of the courts are:
1. To settle actual controversies involving rights which legally
demandable and enforceable, and

2. To determine whether or not there has been a grave

abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentally of the government.
Jurisdiction of the Courts
Jurisdiction as used in a judicial point of vies is defined as the power
to try and decide or hear and determine a cause.
To try and hear simply means to receive evidence from the
parties (including their arguments according to fixed of rules).
To decide or to determine means to resolve the dispute by
applying the law to the facts (established by evidence).
THE FOUR-LEVEL INTEGRATED COURT SYSTEM IN THE
PHILIPPINES
FIRST LEVEL COURTS
A. Metropolitan Trial Courts
B. Municipal Trial Courts (in Cities)
C. Municipal Circuit Trial Courts
They try and decide only the particular types or
classes of cases specified by law. Criminal action within their
respective jurisdiction includes those involving violation of city and
municipal ordinances committed within their respective
jurisdictions, and offenses punishable with imprisonment not
exceeding six (6) years.
SECOND LEVEL COURTS
At the second level courts are the Regional Trial Courts which
composes of several branches. They are courts of general
jurisdiction; they try and decide not only the particular or kind of
cases assigned to them by law, but also those which are not
otherwise within the jurisdiction of the courts of the first level.
THIRD LEVEL COURT
At the third level is the Court of Appeals (CA). It is essentially an
appellate court (not a trial court), it review cases appealed to it from
the Regional Trial Courts. It may review cases on Question of facts
and law.
FOURTH LEVEL COURT
At the fourth level court is the Supreme Court (SC). It is the highest
court of the land. It is the court of last resort, for no appeal lies from its
final judgments and final orders. It exercises appellate jurisdiction over
cases decided by the Court of Appeals or the Regional Trial Courts. As a
rule, only question of law may be raised in appeal to it.

In Summary, the role of the Courts in criminal action proper

start with:
a. issuance of the Warrant of Arrest
b. to Arraignment
c. to Pre-trial Conference
d. to trial
e. to judgment
f. an d finally to the execution of the sentence.
CORRECTIONAL INSTITUTIONS
The fourth stage in the Criminal Justice process refers to the penal or
correctional process which primarily involved in the custody and safekeeping of convicts criminal offenders. Hence, when the court find the
accused guilty (as charged) beyond reasonable doubt, it sentence him
with the corresponding penalty. And, if the penalty becomes final and
executory, the offender is passed on the Correctional Institutions.
Further, as a form of punishment, the isolation of the convicts by
imprisonment for the period laid down by the courts, or in extreme
cases, their execution by the method prescribed by law, including
correction and rehabilitation, are functions undertaken by the
institution, set up by the law; that is, the Bureau of Corrections, The
Parole and Probation Administration.
COMMUNITY
The fifth stage in the criminal justice process refers to the participation
of the community at large in the detection and prevention of all form of
criminal activities. In particular, members of the community having
knowledge of facts relevant to the investigation and prosecution of
crimes, are expected to cooperate with the law enforcers and
investigators, by reporting crimes and giving of evidence against the
offenders. The community (law-abiding citizens) is a potent source of
information as regards to crimes and criminals.