CRIMINAL

JUSTICE SYSTEM

Mark Joseph M. Virgilio, R.Crim

CumLaude-TOP8 Oct 2014
 CRIMINAL JUSTICE
SYSTEM
*a legal process adapted by a civilized
society in the prevention and solution
of crimes which is carried on through
INVESTIGATION and the persons
suspected thereof is taken into legal
custody, prosecuted in a court of law,
and punished if found guilty, or
acquitted if found innocent, provision
being made for his/her correction and
rehabilitation
It asserts the idea of deterrence, the notion that the threat of sanctions can prevent
crimes by creating a fear of punishment for those who might break the law;
1
2 It adheres on the principles
of the retribution, the idea that
It supports on the notion of behavioral
change, which proposes that criminal
criminal offenders deserve to suffer sanctions should aim to reform
for the harm they have done, and convicted criminal offenders so that
their punishment should be they will stay away from crime in the
proportionate to the harm inflicted;
and
future.
3
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 this diagram.
LAW ENFORCEMENT
(PNP, PDEA, NBI)

PROSECUTION

COURT

CORRECTIONS

COMMUNITY
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
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
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:

a. Surveillance and observation of suspects

b. 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. Search of premises or persons and seizures of
objects, subject to constitutional and statutory
safeguards
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
refer the investigation report to the prosecutors office, including
the evidences (Physical or documentary proof) and the suspect if he
is in custody.
 C. 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.
 PROSECUTION
The prosecution arm of the government is generally
vested in the department of justice (Administrative code
of 1987) under the direction, supervision and control of
the secretary of justice where the interest of the
government is in issue. The prosecution service is made
up of the Chief State Prosecutor, The Regional
Prosecutors, The Provincial Prosecutors, The
City/Municipal Prosecutors, and such others
Prosecutorial offices as may be establish by law.
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.)
2. FILE THE CORRESPONDING INFORMATION OR
CRIMINAL COMPLAINT in the proper court of
law on the basis of the evaluation of the proof
(evidence at hand)
3. PROSECUTE
The alleged offender in the court of law.
That is, if the element of the crime alleged to
have been committed is present. It is the
prosecutor task of bringing the offender to the
court through criminal proceedings.
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.
Alfredo Benjamin

The organizational structure

of the department of justice
show the office of the Public
Attorney and its functions
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.
 Appeals to the Supreme Court are never a matter
of right. The only exception to this rule is when the
penalty of death, reclusion perpetua, or life
imprisonment has been imposed either by the
Regional Trial Court (RTC) or the Court of Appeals;
where the case goes automatically to the Supreme
Court for review, even if the accused does not
appeal. And in any of these three cases (penalty of
death, reclusion perpetua, or life imprisonment) the
issues of facts and law may be raised before and
decided by the Supreme Court
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 view 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 BASIC COURT SYSTEM IN THE
PHILIPPINES
In the Supreme Court
Philippines the (SC)
Review
regular courts
engage in the Court Court of
Appeals
administration of (CA)
justice is
organized into
Regional Trial
four (4) levels as Trial Court (RTC)
depicted in the
courts
following diagram Metropolitan TC
MTCC
MCTC
 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. and 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 safe-keeping 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.
 Information
Filed
Decision to Preliminary
Charge Examination
Arrest or Defendant NOT
Investigation Held to Answer C.T
Decision to
Charge C.T

Guilty Parole
Pleading
Plea Convicted Convicted
and/or
Negotiation Arraignment Probation
Not
Trial
Case Terminated Guilty
C.T Acquitted C.T
Release after
service of
sentence
ROUTE OF THE ACCUSATORY PLEADING IN FELONY
PROSECUTION
1. It refers to judges in general
Bench.
2. It is the communitys first line of defense
against criminality.

Police
3. Is a course of action or process whereby
accusations are brought before a court of justice to
determine the innocence or guilt of the accused.

PROSECUTION
4. What is the primary prosecutorial arm of
the government?

National Prosecution
Service
5. Often referred to as higher courts or appellate
courts, are generally those to which appeals are
made from decisions of courts with inferior
jurisdiction.

Superior Courts
 A body officially assembled under
authority of law in which judicial power is
vested or the administration of justice is
delegated.
a. Court c. Justice Department
b.Prosecution d. Law Enforcement

A.
 7. Mandated by law to bring to justice
all criminal cases for action and prove
the guilt of the accused beyond
reasonable doubt.
a. Courts
b. Prosecution
c.
d.
Corrections
Tribunal B.
8. A body of civil authority attached not to the
Department of Justice which is tasked to maintain
peace and order, enforce the law, protect life,
liberty and property, and ensure public safety.

a. NBI
b. Prosecution None of the Above
c. Corrections -POLICE
d. LGU
 9. System of taking care of the custody,
rehabilitation, and treatment of persons
convicted of committing a crime.

a. New Bilibid Prisons

b. Prosecution
c. Corrections
d. BJMP
C.
 10. The Anti-Graft and Corrupt
Practices Act

a. R.A. 3815
b.R.A. 6539
c. P.D. 603
d.R.A. 3019
11. The law which created the National
Bureau of Investigation.

a. RA 6975
b.RA 8551
c. RA 9263
d.RA 157
D
12. The Agency under the Department of
Finance tasked to enforce tariff duties in all
Philippine seaports and airports.
a. Bureau of Internal Revenue
b.
c.
d.
Bureau of Customs
Maritime Industry Authority
Seaport and Airport Police
B
 13. The Bureau of Immigration and
Deportation, which is tasked to enforce
immigration laws, is an attached agency of:
a. Department of the Interior and Local Government.
b. Department of Justice
c. Department of Foreign Affairs
d. Department of Tourism
B
It regulates marine and shipping
industry and oversees the worthiness
of all sea-going vessels.
a. Maritime Industry Authority (MARINA)
b. Philippine Ports Authority
c. Philippine Navy
D. Philippine Coast Guard A.
15. It is mandated by law to operate
against fake and pirated VHS, VCD, CD
and DVD format tapes
a. Optical Media Board
b. MTRCB
c. BIR
d. Intellectual Property Office
A
16. The Intellectual Property Office
which is mandated to operate against
the violations of the copy right and
intellectual property law is under the
a. Department of Finance
b. Department of Trade and Industry
c. Department of Justice B
d. Department of the Interiors and Local Government
17. It investigates and arrests
unscrupulous manufacturers and
makers of substandard food and drugs
without license.

A
a. Bureau of Food and Drugs
b. Bureau of Quarantine
c. Department of Health
d. All of the foregoing
18. The Bureau of Quarantine is empowered to
enforce measures to stop, monitor, and control
the spread of disease by conducting quarantine
in all air and seaports across the country is an
attached agency of:

A
a. DOH
b. DILG
c. DOTC
d. PPA
19. It operates against pornography films shown
on television and movie houses.
a. Video Gram Regulatory Boar
b. Movie and Television Review and
Classification Board
c. DILG
d. PNP B
20. It enforces banking laws and
regulates the banking industry.
a. Bangko Sentral ng Pilipinas
b. Department of Finance
c. Department of Budget
d. Bureau of Internal Revenue A
21. Refers to a court which is created by
law to amicably settle disputes between
neighbors within a particular community.
a. Barangay court
b. Municipal Trial Court
c. Municipal circuit trial court
d. Court of Appeals A
22. Refers to that sector of society composed of
NGOs, cause oriented groups and advocacy
groups that promotes the welfare of the people
against all forms of abuse and exploitation.
a. Crime Control

B
b. Civil Society
c. Political Parties
d. All of the foregoing
23. Directly under the supervision of the Department of
Justice, its most important function in the Criminal
Justice System is to maintain and recognize the rule of
the law through the speedy delivery of services,
particularly in the prosecution and investigation of all
crimes.
a. National Prosecution Service
b. Tanod Bayan
c. SandiganBayan
d. Ombudsman
A
24. Refers to all disciplines involved in
the study of crimes and criminals.
a. Criminology
b. Criminological Enterprise
c. Crime Prevention
d. Crime Control B
25. Refers to restraining or isolating
criminals behind prison facilities to
effectively protect society.
a. Crime control
b. Crime deterrence
c. Crime Prevention
d. All of the foregoing
A
26. The political will of the state to
punish criminals in accordance with
law.
a. Crime Control

B
b. Crime deterrence
c. Crime prevention
d. All of the foregoing
27. Refers to all governmental and non-
governmental activities to thwart, pre-
empt, and stop the crime from occurring.
a. Crime control
b. Crime deterrence
c. Crime prevention
d. All of the foregoing C
28. In the attempt to prevent crimes, what
must be eliminated by the police?
a. Opportunity to commit crimes
b. Desire to commit crimes
c. Motives to commit crimes
d. Intent to commit crimes A
29. Primary objective of law
enforcement.
a. Crime control
b. Crime deterrence
c. Crime prevention C.
d. All of the foregoing
30. An attached agency of the office of the
president tasked to implement and
undertake drug law enforcement.
a. Narcotics command
b. DARE
c. PDEA C.
d. PNP
31. In making arrests under the rule 113, Sec 5,
par 3 (fugitives from justice) of the rules of
court, what is the duty of the arresting officer?
a. Deliver the person to the nearest jail
b. Deliver the person to the nearest police
station
c. Deliver the person to the custody of the
prosecutor
d. Either a and b D
32. When an offense has in fact been
committed, and he has personal knowledge of
facts indicating that the person to be arrested
has committed it; this contemplates warrantless
arrest involving:
a. Hot pursuit
b. Fresh pursuit A.
c. Caught in act
d. None of these
33. Refers to all the systems and interplay of activities
in the community which addresses all the negative
factors affecting security, health and welfare of the
public in natural calamities, disaster, famine,
criminality, drought, and epidemics
a. Crime control
b. Crime deterrence D.
c. Crime prevention
d. Social defense
34. A blueprint for a responsive and well
suited anti crime machinery that shall
operate its strategic purposes.
a. Crime control
b. Crime prevention
c. National Anti-Crime Strategy
d. Social defense C.
35. Period prescribed by law for the
preliminary investigation to be
undertaken by the prosecutor.
a. 10 days
b. 15 days
c. 30 days A.
d. 45 days
36. It is defined as The machinery of the
state or government which enforces the rules of
conduct necessary to protect life and property
and maintain peace and order.
a. Juvenile justice system
b. due process
c. criminal procedures D.
d. criminal justice system
37. Its most important function in the Criminal
Justice System is to maintain and recognize the
rule of law through the speedy delivery of
services particularly in the prosecution and
investigation of all crimes.
a. Police
b. Prosecution
c. Courts
B.
d. Corrections
38. They are referred to as the initiator
of the criminal justice system.
a. Police
b. Prosecution
c. Courts A.
d. Corrections
39. Primary function of every court
system.
a. Help keep domestic peace
b. Decide controversies
c. Issuance of warrants of arrests
d. Administrative role A.
40. Tasked for the treatment of national
prisoners, which is under the Department
of Justice.
a. Bureau of Corrections
b. DOJ
c. BJMP A.
d. Board of Pardon and Parole
41. A special court tasked to handle criminal
cases involving graft in corruption and other
offenses committed by public officers and
employees in connection with the performance
of their functions.
a. Supreme Court
b. Court of Appeals
c. Tanod Bayan
D.
d. SandiganBayan
42. Highest court of the land with 1 chief justice
and fourteen associate justices who may sit en
banc or in division of 3, 5, and 7 members.
a. Supreme Court
b. Court of Appeals
c. Tanod Bayan
d. SandiganBayan A.
43. Persons authorized by the law to
issue warrants of arrests.
a. Judges
b. Prosecutor
c. Police
A.
d. Warden
44. Most vital component of the
criminal justice system due to its
massive membership.
a. Police
b. Courts
C. Correction D.
d. Community
45. Passive instruments which decide
controversies brought before them.
a. Police
b. Courts
c. Corrections
d. Prosecution B.
46. Considered as the second pillar of the
Philippine criminal justice system. The
National Prosecution Service is under the;
a. DOJ
b. DILG
c. Supreme Court A.
d. Public Attorneys Office
47. The course of action or process
whereby accusations are brought before
the court of justice to determine the guilt
of the accused.
a. Trial
b. Prosecution
c. Correction B.
d. Criminal Justice System
50. The investigating fiscal must resolve the
case within _____ days from its
termination giving the parties copies of his
resolution.
a. 5
b. 10 B.
c. 15
d. 30
51. Submitted by the accused to
answer the complaint against him.
a. Affidavit
b. Counter affidavit
c. Compliant affidavit
d. Reply B.
52. The court of last resort, all the justices
are appointed by the president from a list
submitted by the to fill up any
vacancy within 90 days.
a. DOJ
b. Judicial and Bar Council
c. Congress B.
d. Commission on Appointments
53. Retirement age for a justice of the
Supreme Court is __.
a. 55 years old
b. 60 years old
c. 65 years old
d. 70 years old D.
54. Established under the Judiciary Reorganization Act
of 1980. BP 129, it is composed of one presiding justice
and 68 associate justice all of whom are appointed by
the president, and operates in 10 division each
compromising of five members.
a. Regional Trial Courts
b. Court of Appeals
c. Sharia Courts B.
d. Inferior Courts
56. Under the legal system in the Philippines as
provided by the Article VIII Section 15 of the
1987 Constitution, the Regional Trial Courts
must decide or resolve a case or matter within
the period from date of submission;
a. 24 months
b. 12 months
c. 3 months
d. 1 month
58. Composed of 10 to 20 members of this
body is constituted every three years to
oversee katarungang pambarangay.
a. Pangkat ng Tagapagkasundo
b. Lupong Tagapamaya
c. Barangay court B.
d. Barangay assembly
59. Consists of three members chosen
by the opposing parties involved in a
dispute at the barangay level.
a. Pangkat ng Tagapagkasundo
b. Lupong Tagapamayapa
c. Barangay court A.
d. Barangay assembly
60. As a general rule, if the penalty is less than 1
year imprisonment and the opposing parties are
neighbors, co-workers, the complainant must
file the action before;
a. Inferior Court
b. Municipal Circuit Trial Court
c. Lupong Tagapamayapa C.
d. Barangay court
61. Law which created the
Katarungang Pambarangay.
a. RA 7160
b. PD 129
c. RA 5199
d. RA 6981 A.
62. Means the settlement of a dispute
by a person or persons chosen to hear
both sides and come to a decision.
a. Arbitration
b. Conciliation
c. Intervention A.
d. Amicable settlement
I never dreamed to be
successful, I worked for it.

God Bless us All!