CRIMINAL JUSTICE SYSTEM SUMMARY
PRELIMS
Summarized by ACRG
_____________________________________
CRIMINAL JUSTICE SYSTEM - refers to the
system used by the govt to maintain social
control, enforce laws, prosecute offenses, and
administer justice, sentencing and
rehabilitation of offenders.
> 5 PILLARS:
1. LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTION
5. COMMUNITY
GOALS OF CRIMINAL JUSTICE:
A. Justice - involves balancing the rights of
victims and the rights of accused criminals,
and how these individual rights are related
to one another and social control.
B. Crime Control - involves prevention and
going after criminal offenders, through
arrest, prosecution, criminal conviction,
and punishment.
THEORIES:
1. Restorative Justice - assumes that the
victim or their heirs can be in some way
restored to a condition of just as good as
before the criminal incident.
2. Retributive justice - an eye for an eye
approach
3. Psychiatric imprisonment - treats crime
nominally as illness and can be treated
through psychiatry
4. Transformative justice - emphasizes trust
in members of the society (the offender
can change)
5. Consensus Model
6. Conflict Model
CHAPTER ONE
LAW ENFORCEMENT
- they serve as the front line of the encounter
with the criminals or those who threatens
the social order.
- Executive arm of the government charged
with the enforcement of the law
LAW ENFORCEMENT AGENCY - are
organizations and offices of the government
that enforces the laws and assist the
enforcement of the laws as mandated by the
law creating them.
5 PRINCIPAL LAW ENFORCEMENT
AGENCIES:
1. Philippine National Police
2. National Bureau of Investigation - is the
investigative arm of the DOJ.
- the premier investigative service and
research agency of the government
- Law enforcement of last resort
- handles sensational cases which are of
great interest to the nation
- the NBI does not have the power to make
warrantless arrest
3. Philippine Drug Enforcement Agency -
created under RA 9165 - Comprehensive
Dangerous Drug act of 2002; address the
worsening drug problem and senseless
killing, mostly drug related, and the
tendency to corrupt public officials and the
mind of the youth hooked on drugs.
4. Bureau of Immigration and Deportation - to
control and regulate the entry and stay of
aliens to the country.
- serves as the countrys gateway to the intl
community as well as the buffer point in
controlling the entry of unscrupulous aliens
in the country.
- they have the authority to effect warrantless
arrest, if the purpose is carrying out a final
decision for deportation.
5. Bureau of Customs - under the auspices of
the Department of Finance; to implement
and effective revenue collection, prevent
and suppress smuggling and entry of
prohibited imported goods, supervise and
control over the entrance and clearance of
vessels and aircrafts engaged in foreign
commerce, and the enforcement of the
Tarriff and Customs Code of the Phil. and
other laws, rules. and regulations related to
Tariff and customs administration.
- has the power to effect Search without
warrant
CHAPTER TWO
COMMUNITY
I. BARANGAY TANOD
- given effect throughout the nation through
RA 7160 (the Sangguniang Baranggay was
given power to form community brigades
and create such other positions or offices as
may be deemed necessary to cary out the
purposes of the Barangay govt
- EO no. 366 in 1996 (Pres FVR) mandated
creation of Barangay Peace and Order
Committee to serve as implementing arm of
the City/ Municipal Peace and Order Council
at the Brgy. Level
- means brigade or body composed of civilian
volunteers, duly created at the barangay
level, to assist the barangay officials in the
effective exercises of law enforcement for
the maintenance of peace and order and the
promotion of public safety.
II. PRIVATE POLICING AND SECURITY (RA
5487)
- Task: to protect investments and to curb
robbery, internal theft, shoplifting and
trespassing.
- License of the operating agency is from the
Chief of PNP
- USE OF FIREARMS
When allowed? in the performance of
their duty, in the prescribed uniform
Where allowed? within the compound
of the establishment where they are assigned
to guard
Exemptions:
1. Escorting a big money or valuables
2. when in hot pursuit of criminal offenders
- can only effect arrest under circumstances
provided in Rule 113, Sec. 6 of the RRCR
- Period of Detention (art 125, RPC)
a. grave - 36 hours
b. less grave - 18 hours
c. light - 12
* without necessary delay and within
the prescribed time, take the person arrested
to the proper judicial authorities for such
actions they may deem proper to take
When can they search without warrant?
1. Upon arrest, with 2 witnesses
2. on his natural course of duty
III. WITNESS PROTECTION PROGRAM (RA
6981)
Section 3. Admission into the Program. - Any person
who has witnessed or has knowledge or information on
the commission of a crime and has testified or is
testifying or about to testify before any judicial or quasi-
judicial body, or before any investigating authority, may
be admitted into the Program:
Provided, That:
a) the offense in which his testimony will be used is a
grave felony as defined under the Revised Penal Code,
or its equivalent under special laws;lawphi1
b) his testimony can be substantially corroborated in its
material points;
c) he or any member of his family within the second civil
degree of consanguinity or affinity is subjected to threats
to his life or bodily injury or there is a likelihood that he
will be killed, forced, intimidated, harassed or corrupted
to prevent him from testifying, or to testify falsely, or
evasively, because or on account of his testimony; and
d) he is not a law enforcement officer, even if he would
be testifying against the other law enforcement officers.
In such a case, only the immediate members of his family
may avail themselves of the protection provided for under
this Act.
If the Department, after examination of said applicant and
other relevant facts, is convinced that the requirements of
this Act and its implementing rules and regulations have
been complied with, it shall admit said applicant to the
Program, require said witness to execute a sworn
statement detailing his knowledge or information on the
commission of the crime, and thereafter issue the proper
certification. For purposes of this Act, any such person
admitted to the Program shall be known as the Witness.
Section 10. State Witness. - Any person who has
participated in the commission of a crime and desires to
be a witness for the State, can apply and, if qualified as
determined in this Act and by the Department, shall be
admitted into the Program whenever the following
circumstances are present:
(a) the offense in which his testimony will be used is a
grave felony as defined under the Revised Penal Code or
its equivalent under special laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the
proper prosecution of the offense committed:
(d) his testimony can be substantially corroborated on its
material points;
(e) he does not appear to be most guilty; and
(f) he has not at any time been convicted of any crime
involving moral turpitude.
An accused discharged from an information or criminal
complaint by the court in order that he may be a State
Witness pursuant to Section 9 and 10 of Rule 119 of the
Revised Rules of Court may upon his petition be
admitted to the Program if he complies with the other
requirements of this Act. Nothing in this Act shall prevent
the discharge of an accused, so that he can be used as a
State Witness under Rule 119 of the Revised Rules of
Court.
IV. STATE WITNESS (RULE 119, SEC. 17,
RoC)
V. DIFFERENCE
The state witness in the RA 6981 can be any
person who has participated in the crime and
whos not yet charged of the crime, whereas
the accused in Rule 119 sec 17 is already
charged of the crime and his discharge to
become a state witness can be a ground for
acquittal.
CHAPTER FIVE
THE RULE ON ARREST
ARREST - the taking of person into custody in
order that he may be bound to answer for the
commission of an offense (Rule 113, sec. 1,
RRCP)
WARRANT OF ARREST - an order in
writing issued by competent authority directing
a peace officer to bring into custody the person
subject of the warrant upon the grounds stated
therein.
*only the judge can issue a warrant of arrest
*the Senate can also issue an order of
commitment (equivalent to arrest warrant)
where a witness is punish for contempt who
disobeys any order of the Committee or
refuses to be sworn or to testify or to answer a
proper question by the Committee or any of its
members, or testifying, testifies falsely or
evasively.
WHEN IS AN ARREST WARRANT ISSUED?
- when there is a case filed in court and the
judge finds probable cause to issue said
warrant
- Exemption: an arrest warrant may be
issued without a case filed in the court if
the complaint or information is filed in the
MTC for preliminary investigation
purposes.
2 kinds of determination:
a. Judicial determination - preliminary
inquiry for the determination of probable cause
for the issuance of a warrant of arrest
b. Executive determination -
preliminary investigation to ascertain whether
or not a person should be held for trial (will not
affect the judges decision of issuing a warrant
of arrest)
*even if the judge finds no sufficient ground to
issue a warrant of arrest, he is duty bound to
transmit the records to the prosecutor.
*the issuance of an arrest warrant is under the
judges discretion; he can issue or not
* there is no requirement that the entire
procedure for the preliminary investigation
must be completed before an arrest warrant
may be issued.
HOW IS AN ARREST MADE?
An arrest is made by actual restraint of a
person to be arrested or by his submission to
the custody of the person making the arrest.
No violence of unnecessary force shall be
used in making an arrest. The person arrested
shall not be subject to greater restraint than is
necessary for his detention (Rule 113, Sec 2,
RoC)
DUTY OF THE ARRESTING OFFICER
It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him
to the nearest police of station or jail without
unnecessary delay.
the officer has to inform the accused of the
following:
1. the person arrested must be informed in a
language he understands about the reason
of arrest and shown the warrant of arrest
2. must be informed of the right to remain
silent and his statements can be used
against him
3. has the right for legal counsel
4. If he has no money, the court can provide a
lawyer for him
5. No custodial investigation in any form will
be conducted without a legal counsel
(except for a waiver)
6. he can freely communicate with his lawyer,
immediate family, doctor, minister, duly
accredited natl or intl NGO. it shall be the
responsibility of the officer to ensure that
this is accomplished
7. he has the right to waive any known right
(must be voluntarily, intelligently)
8. waiver to a lawyer must be done in writing
and in the presence of a legal counsel,
unless void
9. right to give an indication of warning when
he does not wish to be interrogated (the
interrogation process will be stopped or
must not start)
10. his initial waiver of right to remain silent,
counsel or any of his right does not bar him
from invoking it at any time during the
process
11. any evidence, as the case may be,
obtained in violation of the foregoing,
whether inculpatory or exculpatory, in
whole or in part, shall be inadmissible in
evidence
* a warrant of arrest will expire - 10 days only
INSTANCES OF WARRANTLESS ARREST
(Rule 113, sec. 5, RoC)
1. in flagrante delicto - when in his
presence, the person to be arrested has
committed, is actually committing, or is
attempting to commit an offense; (Study
Larranaga vs CA)
2. hot pursuit arrests - when an offense has
just been committed and he has the
probable cause to believe based on
personal knowledge of facts or
circumstances that the person to be
arrested has committed it; and
*personal knowledge - actual belief or
reasonable ground of suspicion, based on
actual facts, that the person to be arrested is
probably guilty of committing the crime.
Umil vs. Ramos - just because a person is in
the hospital does not mean that his
membership to the NPA ceases
- the decision did not rule that a mere suspicion
that one is a NPA member is a valid ground of
 warrant of arrest. However, because of the law
penalizing them (RA 1700), membership alone is
unlawful. at any time of the day or night, they are
presumed to commit a crime.
* FRUIT OF THE POISON TREE -
evidences got from a search pursuant to
invalid arrest are inadmissible in the courts
(vice versa)
3.Prisoner escape - when there person to be
arrested is a prisoner who has escaped from a
penal establishment or place where he is
serving final judgement or is temporarily
confined while his case is pending, or has
escaped while being transferred from one
confinement to another.
TIME OF MAKING ARREST - any time of the
day or night
RIGHT OF OFFICERS OF THE LAW TO
BEAK INTO OR OUT FROM THE BUILDING
OR ENCLOSURE (Sec. 11, 12 Rule 113, RoC)
CHAPTER SEVEN
RULE ON THE APPLICATION OF
SEARCHES AND SEIZURES
SEARCH WARRANT - 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 described therein and bring
it before the court
*only the court can issue a search warrant (no
exceptions)
WHAT ARE PROPERTIES SUBJECT TO BE
SEIZED?
1. Subject of the offense;
2. stolen or embezzled and other
products, or fruits of the offense or
3. used or intended to be used as the
means of committing the offense (Sec. 3, Rule
126, RRCP)
WHEN ISSUED?
there must be a probable cause to be
determined personally by the judge, after
examination under oath or affirmation of the
complainant, and the witnesses he may
produce, and particularly describing the place
to be searched and the persons or things to be
seized. (Art III Sec 2 phrase,1987
Constitution)
*probable cause for a search warrant - facts
and circumstances which would lead a
reasonably, discrete, arid, prudent man to
believe that an offense has been committed,
and that objects sought in connection with the
offense are in the place sought to be
searched. (must not be based on hearsay)
WHERE TO BE FILED? (RULE 126, SEC 2)
An application for search warrant shall be filed
with the following:
(a) any court w/n whose territorial
jurisdiction a crime was committed.
(b) for compelling reasons stated in the
application, any court w/n 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 forced.
However, if the criminal action has already
been filed, the application shall only be made
in the court where the criminal action is
pending.
* search warrants regarding violations of Anti-
Subversion Act, crimes against public order
(defined in RPC), illegal possession of
firearms and ammunitions and violations of
Dangerous Drugs Act no raffle; will
be acted by the Executive Judge of RTC,
Metro. TC, and Muni. TC

MANNER OF ENFORCING SEARCH
WARRANT
- can break the door or window if refused
admittance to the place after giving notice
(Sec 7, Rule 126, RoC) (compare People
vs. Salanguit and People vs. Go)
- Search of house, room, premises must be
made in presence of the lawful occupant or
his family member and two witnesses (sec.
8, ibid) (People vs Go)
- leave a receipt to the lawful occupant, or in
his absence, in the place (still in the
presence of 2 witnesses) (sec. 11, ibid)
- Sec. 12 commands the officer of the raiding
team after execution of the warrant:
1. Deliver the property seized to the
judge who issued the warrant, together w/ the
true inventory thereof, duly verified under oath;
2. the return must be made within 10
days; failure to return will require the officer to
explain
3. the return of the search warrant will
be logged with the other information
WHEN MUST BE CONDUCTED?
- served in day time except when the property
is in a certain person or place (sec. 9,
ibid)
VALIDITY OF SEARCH WARRANT?
- 10 days only
INSTANCES OF WARRANTLESS SEARCH
1. Search incidental to Lawful Arrest
2. Plain View Doctrine
3. Search of Moving Vehicles
4. Customs Searches
5. Search with consent
6. stop and frisk
CHAPTER EIGHT
THE EXCLUSIONARY RULE ON ARREST
AND SEARCH AND SEIZURE
the right of the people to be secure in their
persons
WITH REGARDS TO ARREST
* reliable information alone is not sufficient to
justify a warrantless arrest under Sec. 5,
Rule 113. the accused must perform an overt
act that would indicate that he has
committed, actually committing, or is
attempting to commit an offense.
* unnecessary or unreasonable force is not
allowed in making an arrest
* force - an act of physical coercion x x x x
involves an actual physical contact between
persons x x x x an officer displays a weapon
in a particularly egregious or threatening
manner (The Manual of Illinois Peace
Officer Use of Force in Making an Arrest)
WITH REGARDS TO SEARCH AND
SEIZURE
* one cannot force his way into any mans
house on the illegal orders of a superior x x x
even the humblest hovel is protected from
the official intrusion because of the ancient
rule, referred in all free regimes, that a mans
house is his castle.
Exception:
a Customs police may at any time,
enter, pass through, or search any land or
enclosure of any warehouse, store, or other
building not being a dwelling place x x x x any
vessel or aircraft within the limits of any
collection district x x x, removal of any false
bottom, partition x x x or other obstruction x x
x, open and examine any box, envelope x x x
and likewise to stop, search and examine any
vehicle, beast, person
*a search warrant must particularly state the
place to be searched and the objects to be
seized
WHY? to limit the articles to be seized (avoid
fishing expedition)

*a search warrant shall issue in connection

with one specific offense (Rule 126, sec 4,
RoC) - thus, the articles must be related with
the offense

* no search warrant will be issued on basis of

loose, vague and doubtful facts