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PHILIPPINE CRIMINAL JUSTICE SYSTEM

PHILIPPINE CRIMINAL JUSTICE SYSTEM. CRIME IS MULTI-FACETED a social problem, a political problem, a spiritual problem, and an economic problem.

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PHILIPPINE CRIMINAL JUSTICE SYSTEM

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  1. PHILIPPINE CRIMINAL JUSTICE SYSTEM

  2. CRIME IS MULTI-FACETED • a social problem, • a political problem, • a spiritual problem, and • an economic problem

  3. “the process in a community by which a crime is investigated, and the person(s) suspected for the commission thereof is/are taken into legal custody for prosecution in court and for punishment, if found guilty, with provisions being made for the correction and/or rehabilitation of the offender(s) to ensure renewed assimilation into mainstream society after service of sentence”.

  4. 5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM E N F O L R A C W E M E N T P R O S E C U T I O N C O U R T S C O R R E C T I O N S C O M M U N I T Y

  5. COMMUNITY Law Enforce- ment Prose- cution Judicial Correc- tional VIOLATOR Flow of Violators through the Criminal Justice System (Philippine System)

  6. The Five (5) Pillars of Philippine Criminal Justice System A. Law Enforcement members of the Philippine National Police (PNP) - prime enforcers of the law members of the National Bureau of Investigation (NBI) - which is under the Department of Justice.

  7. I. The Philippine National Police (PNP) Creation/Nature/Powers and Functions. The 1987 Philippine Constitution itself mandates that there should be one police force that is national in scope and civilian in character, and on the basis of this constitutional precept, Republic Act No. 6975 created the Philippine National Police as the premier law enforcement agency that has the following powers and functions :

  8. a. Enforce all laws and ordinances relative to the protection of lives and properties; b. Maintain peace and order and take all necessary steps to ensure public safety; c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; d. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; e. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; f. Issue licenses for the possession of firearms and explosives in accordance with law; g. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their profession; and h. Perform such other duties and exercise all other functions as may be provided by law.

  9. PHILIPPINE NATIONAL POLICE ORGANIZATIONAL STRUCTURE (PER RA 6975) OFFICE OF THE CHIEF PNP OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE DEPUTY CHIEF FOR ADMINISTRATION OFFICE OF THE CHIEF OF THE DIRECTORIAL STAFF OFFICE OF THE DEPUTY CHIEF FOR OPERATIONS D I R E C T O R I A L S T A F F PERSONNEL & RECORDS MANAGEMENT COMTROL- LERSHIP LOGISTICS PLANS HUMAN RESOURCE & DOCTRINE DEVELOPMENT RESEARCH & DEVELOPMENT POLICE COMMUNITY RELATIONS INTELLIGENCE INVESTIGA- TION OPERATIONS A D M I N I S T R A T I V E S U P P O R T U N I T S O P E R A T I O N A S U P P O R T U N I T S LOGISTIC SUPPORT SERVICE COMP. SERVICE FINANCE SERVICE MEDICAL & DENTAL SERVICE ENGR. SERVICE CHAPLAIN SERVICE LEGAL SERVICE HQS SUPPORT SERVICE CRIME LABORA- TORY MARITIME COMMAND AVIATION SECURITY GROUP NARCOTICS COMMAND INTELLI- GENCE COMMAND SPECIAL ACTION FORCE TRAFFIC MGMT COMMAND POL-COM- MUNITY RELATIONS COMMAND COMMUNI- TIONS & ELECT. COMMAND CRIMINAL INVESTI- GATION COMMAND0 SECURITY COMMAND CIVIL SECURITY GROUP NCR COMMAND 14 REGIONAL COMMAND 5 NCR DISTRICT COMMANDS NCR REGIONAL MOBILE FORCES 14 REGIONAL MOBILE FORCES 77 PROVINCIAL POLICE COMMANDS 15 CITY POLICE COMMANDS* * ORGANIZED IN HIGHLY URBANIZED CITIES NCR POLICE STATIONS / PRECINTS PROVINCIAL MOBILE FORCE COYS DISTRICT POLICE COMMANDS** ** ORGANIZED IN LARGE PROVINCES CITY/MNCPL POLICE STATIONS

  10. II. The National Bureau of Investigation (NBI) Creation. The National Bureau of Investigation saw its inception on 13 November 1936 upon approval of Commonwealth Act No. 181 by the legislature. It was the brainchild of the late President Manuel L Quezon. It was first organized as a Division of Investigation (DI) patterned after the United States Federal Bureau of Investigation.

  11. The Bureau assumes an increasingly significant role as a law enforcement agency, thus, on 19 June 1947 and by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation. The law was later amended by Executive Order No. 94 issued on 4 October 1947 renaming it into what it is presently known i.e. the National Bureau of Investigation.

  12. The National Bureau of Investigation is presently under the Department of Justice performing the principal functions of detecting, investigating, and prosecuting crimes towards the end of preventing criminality. Among the activities the NBI conducts are : to detect and investigate crimes; to investigate civil or administrative cases of interest to the government upon request; to act as the national clearing house of criminal records and other information; to give technical assistance to all prosecuting and law enforcement agencies, to the courts, and even to litigants; to maintain a crime laboratory and to conduct research; to coordinate with the PNP and other law enforcement agencies in the investigation of crimes; to collect intelligence date and coordinate even with other international intelligence agencies; to assist in the implementation of the Dangerous Drugs Law.

  13. The National Law Enforcement Coordinating • Committee (NALECC) Law Enforcement Coordinating Committeesprovides cooperation and inter-agency coordination among all law enforcement agencies in the Philippines Law Enforcement Coordinating Committees are organized firstly on a national level known as the National Law Enforcement Coordinating Committee (NALECC). Counterpart committees are also established in the regions and in the provinces

  14. LECCs have the following duties and functions : • Serve as a forum for dialogue and coordination among the government agencies engaged in the enforcement of general and special laws; • Coordinate policies / procedures in order to facilitate cooperation and integration of efforts among member-agencies and ensure a unified direction in the suppression of criminal activities; • Identify priority areas for coordinated joint law enforcement activities; • Prepare and submit to the Chairman of the Peace and Order Council for consideration/implementation, basic strategies / plans which shall outline the enforcement facet of the peace and order campaign as well as delineate policies and thrusts in the effective implementation of law enforcement function.

  15. IV. The Peace and Order Councils (POCs) Peace and Order Councils are created as avenues for inter-agency coordination relative to the country’s peace and order problems. The Peace and Order Council is organized on a national level (NPOC) with counterpart councils at regional levels and provincial levels. The NPOC has the following functions : • To prepare and recommend for the approval of the President proposals, measures, thrusts, and strategies that would effectively respond to peace and order problems; • To coordinate and monitor peace and order plans, projects, and operations of Civilian Volunteer Self-Defense Organizations and such other counter-insurgency programs and activities; • To perform such other duties and functions as the President may direct.

  16. B. Prosecution National Prosecution Service * the prosecution arm of the government * composed of Provincial Prosecutors, City Prosecutor, Regional Prosecutors, and State Prosecutors * placed under the supervision and control of DOJ.

  17. Private lawyers should also be deemed part of the CJS Prosecution Pillar because they already represent the parties (the complainant or the respondent) even in proceedings before the Prosecutors. So also, public defenders - such as the members of the Public Attorneys Office (PAO) and other Legal Aid Lawyers (IBP, CLAO, FLAG, MABINI, UP, UST, etc.) - should also be considered as part of the Prosecution Pillar.

  18. C. (Judicial) Courts The final determination of innocence or of guilt is done by the Judicial Component (the Courts) through the adjudication of criminal cases Suffice it to say that, in the context of the Criminal Justice System, after a suspect has passed through the Prosecution Pillar, he is sent to the proper court of justice which shall belabor itself in determining either innocence or guilt.

  19. S U P R E M E C O U R T COURT OF APPEALS SANDIGANBAYAN Court of Tax Appeals Regional Trial Courts Shari‘a District Courts Regional Regional Municipal Trial Courts in Cities Shari’a Circuit Courts Metropolitan Trial Courts Municipal Trial Courts Metropolitan Shari’a Municipal Trial Courts in Cities Metropolitan Shari’a Municipal Circuit Trial Courts Municipal Trial Courts Municipal Circuit Trial Municipal Municipal Circuit Trial Municipal • Regular Courts • Special Courts

  20. D. Corrections This pillar undertakes the reformation of offenders. The rehabilitation of offenders is aimed towards their eventual assimilation into society. The key government agencies responsible for institutional correction are the following : • The Bureau of Corrections. charged with the custody as well as with the rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more that three (3) years.

  21. DIRECTOR Asst. Dir. For Admin Public Info. Legal Administrative Division Gen. Service Division Supply Division Management Division Budget & Finance Div Accounting Division Reception & Diagnostic Center New Bilibid Prison Correctional Institute for Woman Davao Prison and Penal Farm Ihawig Prison and Penal Farm Sablayan Prison and Penal Farm San Ramon Prison and Penal Farm Leyte Regional Prison

  22. BUREAU OF CORRECTIONS INMATE PROFILE (In-Conference) As of August 2002

  23. BUREAU OF CORRECTIONS INMATE PROFILE (In-Conference) As of August 2002

  24. BUREAU OF CORRECTIONS INMATE PROFILE (In-Conference) As of August 2002

  25. 2. Provincial Jails All provincial jails in the country are placed under the respective provincial governments pursuant to the provision of Section 61 of Republic Act no. 6975 which states : “x x x The provincial jails shall be supervised and controlled by the provincial government within its jurisdiction x x x.” 3. Municipal Jails/City Jails Municipal Jails and City Jails, on the other hand, are administered by the Bureau of Jail Management and Penology (BJMP) created also under RA No. 6975. BJMP is placed under the Department of the Interior and Local Government. BJMP is mandated to establish jails in every district, city, and municipality and to maintain secured, clean, adequately equipped, and sanitary jails for the custody and safekeeping not only of city prisoners and municipal prisoners but also of : fugitives from justice, detainees, and violent/mentally ill persons (Section 63, RA No. 6975).

  26. E. Community After convicts have passed through the Correction Component - either unconditionally (as by full service of the term of imprisonment imposed on them), or by parole, or by pardon - they revert to the COMMUNITY and either lead normal lives as law-abiding citizen in their barangays or regrettably commit other crimes and thus go back through the same stages of the Criminal Justice System. The community at large - through the appropriate legislative agencies, public and private educational institutions, parents and guardians, churches, religious organizations, civic associations, etc. - develops and exacts conformity with acceptable moral and ethical values, creates the environment for the development of civic-spirited citizens, and fosters respect for and observance of the Rule of Law. In particular, members of the community having knowledge of facts relevant to the investigation or prosecution of crimes, are expected to cooperate with law enforcers and investigators, by reporting crimes and giving evidence against the offenders.

  27. Attorneys in private practice, or pertaining to associations committed to giving legal aid to indigent or otherwise deserving individuals, should be reckoned as part of the fifth component of the CJS, the community. They participate directly or indirectly in the Criminal Justice System by rendering legal advice to, or representing, persons involved in criminal actions before the duly constituted authorities. The Community Component should also include key government institutions that play bit, albeit, important roles in the CJS, such as the Bureau of Posts which delivers court documents, notices, and other processes; the Bureau of Immigration & Deportation which may prevent the departure of suspects from the country; the Bureau of Telecommunications which transmits communications by telephone, telegram, or radio; and government hospitals and medical centers (like the National Psychopathic Hospital) which furnish experts who may enlighten the courts on issues involving medicine, surgery, or other sciences. Private institutions and civic organizations should also be deemed part hereof since they may also have significant roles to play in Criminal Justice System.

  28. Of late, serious efforts have already been started by the Philippine National Police, in cooperation with the Department of Interior and Local Government, to better empower the barangays (the smallest political unit in Philippine society) as well as other sectors of the community so that they may serve the Criminal Justice System more comprehensively. This is in line with the Community Oriented Policing System being adopted by the PNP pursuant to the provision of Section 2 of Republic Act No. 8551 (which amended RA No. 6975) which declared that : “The PNP shall be a community and service oriented agency responsible for the maintenance of peace and order and public safety.”

  29. Importance of Coordination Among the Five Pillars It should now be evident that the Philippine Criminal Justice System is not just the agencies charged with law enforcement; not just the prosecution arm of the government; nor just the courts; nor just the correctional system, nor just the community. The Criminal Justice System is all of these "pillars" considered collectively. So also, it should now be obvious that, for an efficacious Criminal Justice System to work speedily, it is essential for all these five (5) pillars to work with dispatch and in full coordination with each other. Any perceived failure of the CJS in a particular given case due to some deficiency in one pillar cannot be blamed upon any of the other pillars.

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