INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 1

MODULE I
INTRODUCTION TO CRIMINAL JUSTICE
BASIC TERMINOLOGIES, PRINCIPLES AND PHILOSOPHICAL APPROACHES

A. Module Description:

This module will introduce the students to the concepts of the study of Criminal
Justice System and its studies in relation with Criminology, Crime, Criminal Law,
Criminal and the Philippine Constitution. The Philosophical approaches behind the CJS
will also be tackled. This module will also orient the students on the Juvenile Justice
System in accordance with Republic Act No. 9344 also known as “Juvenile Justice
Welfare Act of 2006”. Most of all, this module will provide insights on how the Philippine
Criminal Justice System will truly works by the help of its five pillars, namely: Law
Enforcement, Prosecution, Courts, Corrections and Community.

B. Learning Outcomes:

At the end of this module, the students should be able to:

1. Discuss the relationship of Criminology with the Criminal Justice System.
2. Elaborate how the right to criminal due process works in the Philippine Criminal
Justice System.
3. Distinguish the two philosophical approaches behind the Criminal Justice System.
4. Examine the different classifications of crime according to the Revised Penal Code.

A. CRIMINOLOGY AND CRIMINAL JUSTICE DIFFERENTIATED

What is criminal justice?

Siegel and Senna states that “criminal justice may be views or defined as the system of
law enforcement, adjudication, and correction that is directly involved in the apprehension,
prosecution and control of those charged with criminal offenses.”

Notice that in this definition, the American Criminal Justice System’s main focus is on
enforcement, adjudication and correction.

In the American Criminal Justice System, there are only three (3) pillars: (1) Law
Enforcement, (2) the Courts, and (3) the Corrections. In contrast, the Philippine Criminal
Justice System has five (5) pillars: namely: (1) Law Enforcement, (2) Prosecution, (3) Courts,
(4) Corrections, (5) Community.

In general, a Criminal Justice System (CJS) involves a number of government agencies

that ensures the protection of the public, the maintenance of order, the enforcement of the
law, the identification of transgressors, the prosecution of the accused and the finding of the
guilty, and the correction and treatment of criminal behavior.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 2

What is Criminology?

Criminology is also defined Siegel (2013) by some Criminologists Edwin Sutherland

and Donald Cressey as the body of knowledge regarding crime as social phenomena. It
includes within its scope the processes of making laws, of breaking and reacting towards the
breaking of laws. They further note that criminology has three interrelated divisions; these
are:

i. The sociology of criminal law which systematically analyzes the conditions under
which penal laws develop and explains as well the procedures used in police agencies
and courts. This first division focuses on “Lawmaking”.
ii. The sociology of crime and the social psychology of criminal behavior which examines
economic, social and political conditions that generates or prevents the commission of
crimes. This second division focuses on “law-breaking”.
iii. The sociology of punishment and correction that systematically analyzes the
procedures and policies that aims to control crimes. This third division focuses on
“society’s reaction to law-breaking”.

Criminal Justice and Criminology Distinguished

a. While criminology explains the etiology, extent and nature of the crime in society;
criminal justice studies the agencies of social control that handles criminal offenders.
b. While criminologists are concerned with identifying the nature, extent and causes of
crime; criminal justice scholars engage in describing, analyzing, and explaining the
operations of the agencies of justice, specifically the police agencies, the prosecution,
the courts and the rest of the pillars of the system in seeking more effective methods of
crime control and offender rehabilitation.

According to Fagin (2007), both criminology and criminal justice are eclectic disciplines
that borrow research and theories from other related disciplines. Some of the earliest
criminologists were medical doctors and psychiatrists, while many influential criminologists
of the twentieth century were sociologists.

An overlapping area of concern of the two is that the Criminal Justice experts cannot
begin to design effective programs of crime prevention or rehabilitation without
understanding the nature and cause of crime. They require accurate criminal statistics and
data to test the effectiveness of crime control and prevention programs. It is in this aspect that
Criminal Justice and Criminology have overlapping concerns.

B. CRIME AND CRIMINAL JUSTICE SYSTEM (CJS)

Crime is the event that calls for the operation of the criminal justice system. When crime
is committed, it disturbs the tranquility and harmony of the society. Such event calls upon
the police to initiate police intervention by way of investigation or apprehension of those who
violate the law; the prosecutor to prosecute the case; the court to determine the guilt of the
accused; and the rest of the system follows as incumbent upon their role in the criminal
justice process.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 3

Legal principles or maxims regarding a crime or a criminal act

a. Nullum crimen nulla poena sine lege

There is no crime where no law is punishing it.
b. Actus non facit reum, nisi mens rea
The act cannot be criminal where the mind is not criminal.
c. Actus me invito factus, non est meus actus
An act done by me against my will is not my act.
d. Ignorantia legis neminem excusat
Ignorance of the law excuses no one.
e. Crimes mala en se and crimes mala prohibita
The first set of crimes refer to those that are naturally criminal on moral grounds
while the second set of crimes pertain to those acts that have been criminalized for
regulatory purposes. Murder is an example of mala en se while illegal possession of
firearms and ammunition is an example of mala prohibita.

Department of the government which defines and punished an act:

a. The 1987 Philippine Constitution empowers the legislative branch of the government
or Congress, which is composed of the Upper House or the Senate and the Lower
House or the House of Representatives, with the power to enact, modify or repeal laws.
It is empowered to determine what acts are deemed harmful to our society and
punishes such acts in order to suppress them.
b. Our local legislative bodies (Sanggunian Panlalawigan, Sanggunian Panlungsod,
Sanggunian Pambayan, Sanggunian Pambarangay) are also authorized to enact laws
that are criminal or penal in nature and are applicable or enforceable only within their
respective territorial jurisdiction.

Definition of Crime
 In its criminological sense, a crime is a violation of societal rules of behavior as
interpreted and expressed by a criminal legal code created by people holding societal
and political power. Individuals who violate these rules are subject to sanctions by
state authority, social stigma, and lose of status.
 In its legal sense, criminologists define crime as a voluntary and intentional violation
by legally competent person of a legal duty that commands or prohibits an act for
the protection of the society. A crime is punishable by judicial proceedings in the
name of the state.

From this legal definition, the crime constitutes by the following:

1. The act must be voluntary

2. It must be intentional
3. It must be committed by a legally competent person
4. The behavior that constitutes crime can be either an act of commission or an act of
omission.
5. A crime is an act that threatens the welfare of the society and is punishable by judicial
proceedings in the name of the state.

Based also on the legal definition, how may the government convict a person of a
crime?

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 4

In order to convict a person, the government must show that:

1. An act was committed, that at the time of its commission, was prohibited, or that the
accused failed to do something commanded by law (act);
2. That the accused did the act voluntarily and with full knowledge of what he or she was
doing;
3. That the act resulted from the intent (the crime must be committed with the
concurrence of intent, freedom of action, and intelligence, or by means of negligence or
imprudence);
4. That the act and the intent caused something to occur that was offensive to the law
(Causation); and
5. That it caused some harm to society (result).

NOTE: In the Philippines, if a crime is punished by the Revised Penal Code, it is called a
felony; if by a special law, it is called an offense; if by an ordinance, it is called an infraction of
an ordinance.

Classification of crimes by criminologists

Criminologists devote a great deal of attention to defining crime in general or in

specific terms.

- The types of victims (child abuse, women, elderly)

- The type of offender (White-collar crimes, hate crimes, blue collar crimes)
- The object of the crime (property, person, state)
- The methods of criminal activity (organized, accidental or negligence, or modus
operandi)
- Degree of gravity (light, serious, or less serious)
- Nature of crime (mala in se or mala prohibita)
- Classify as to its source of enactment or legislation (felony, offense, infraction of an
ordinance)
- Formal crime or informal crime (consummated immediately like, oral defamation or
physical injury or there are stages in its commission)
- Continuing crime (elements of the crime may be committed in different places or venue
[like kidnapping, estafa or swindling, or in violation of the Anti-trafficking of persons
act of 2012 or R.A. 10364] or that the crime is committed in a continuous or series of
acts manifesting the same or singular intent or purpose)
- Transitory crime (crime is committed while on board a private or public vehicle or on
board a vessel)
- Status offense (punishable when committed by minors but not when committed by
adults)

What is the importance or effect of the classification of crimes in the administration of

criminal justice?

It is very important because it will affect the decision making of the agents or agencies
of Criminal Justice in regards to enforcement of crimes. Serious crimes like murder, robbery
or kidnapping for ransom are more likely to be enforced, investigated, prosecuted or may
even be given priority in court proceedings compared to light or insignificant crimes like

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 5

violation of an ordinance. Moreover, a complainant of a serious crime will certainly report the
crime or pursue the interest in the outcome of the case.

When the victim is a minor or a woman or an elderly person, the law’s full force will
most likely be enforced as it will generate sympathy from the media and the public at large.

If it is mala in se, it will likely be enforced considering that the act is by nature morally
wrong or odious to the public, thus, will elicit public condemnation.

How are crimes classified under book II of the Revised Penal Code?

Book two of the RPC classifies crimes in the following:

1. Crimes against the National Security and the Law of the Nations
Examples: Treason, espionage, piracy

2. Crimes against the Fundamental Law of the State

Examples: Arbitrary detention, violation of domicile

3. Crimes against the Public Order

Examples: Rebellion, sedition, coup d’etat

4. Crimes against Public Interest

Examples: Forgery, falsification of documents, Fraud

5. Crimes against Public Morals

Examples: Gambling and betting, offenses against decency and good customs such as
scandals, obscenity, vagrancy, and prostitution.

6. Crimes Committed by Public Officers

Examples: Bribery, corruption, malversation of public funds or property.

7. Crimes against Person

Examples: Parricide, Murder, Homicide, Infanticide, Abortion, Physical Injuries, Rape

8. Crimes against Personal Liberty and Security

 Crimes against Personal Liberty

Examples: Kidnapping, illegal detention

 Crimes against Security

Examples: Abandonment of helpless persons or persons in danger, exploitation of minors,

trespass to dwelling, threats, and coercion

9. Crimes against Property

Examples: Robbery with violence or intimidation of persons; robbery by the use of force
upon things; brigandage; theft; occupation of real property or usurpation of real right in
property.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 6

10. Crimes against Chastity

Examples: Adultery, concubinage, rape, acts of lasciviousness, seduction, corruption of
minors, the white slave trade, abduction.

11. Crimes against the Civil Status of a Persons

Examples: Bigamy and other illegal marriages

12. Crimes against Honor

Examples: Libel (malicious accusation by writings, slander (oral defamation)

13. Quasi-offenses of Criminal Negligence

Examples: Imprudence and Negligence

C. CRIMINAL LAW AND THE CJS

What is the basis of the CJS?

The CJS is based on the enacted criminal law/ statutes. Only violations of criminal
law are being considered and processed in the CJS. Where there is no violation of criminal
law or where there is no commission of the crime, in general, Criminal Justice as a process
will not operate.

Sometimes, even if the act of a person is somewhat generally annoying or obnoxious to

some people, that person cannot be processed in the criminal justice system in the absence
of an enacted criminal law.

The advent of the modern concept in corrections like restorative justice and diversion
will drastically change the point of view of the public concerned.

What is criminal law?

In the Philippines, Criminal Law is defined as that branch of municipal law which
defines crimes, treats of their nature and provides for their punishment.

Classification of criminal law

1. Substantive criminal law- the elements that are necessary for an act to constitute a
crime and therefore punishable.
Sources: The Revised Penal Code; Presidential Decrees; Special Penal Laws; and City
and Municipal Ordinances,

2. Procedural criminal law- refers to a statute that provides procedures appropriate for
the enforcement of the substantive criminal law.
Sources: the bill of Rights of the Philippine Constitution; the revised rules of Criminal
Procedure or rules of court; other rules on Criminal Procedure promulgated by the
Supreme Court pursuant to its constitutional mandate.

Two Basic Principle of Criminal Law in the Administration of Philippine Criminal

Justice System

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 7

The first is the “presumption of innocence”. This means that those who are
accused of crimes are considered innocent until proven guilty. This is the fundamental
assumption of our legal system that at least in theory is supposed to exist.

Thus, the accused is entitled to all the rights of the citizens until the accused’s guilt
has been determined by the court of law or by the accused’s acknowledgement of his guilt
that he or she indeed committed the crime.

The second principle is “the burden of proof which in criminal cases means that
the government must prove beyond reasonable doubt” that the suspect committed the
crime. Because the criminal prosecutions carry the penalty of imprisonment and even death
in some cases, the state through the prosecution is given a difficult burden. Nevertheless, it
is the bedrock of our social- and through it, our legal system.

Concept of the principle of presumption of innocence

No less than the Constitution of the Philippines provides that the accused shall be
presumed innocent until proven guilty.
The burden of proof lies in the public prosecutor. It is incumbent upon the prosecutor
to prove that the accused is guilty as charged.
In so doing, the prosecutor must rely on the strength of his/ her evidence and not on
the weakness of the accused’s evidence.
It follows, therefore, that the accused is entitled to all the rights of an individual
citizen until the guilt is proven. This is the reason why the accused under the constitution is
granted the right to bail except under certain crimes committed.

Concept of proof beyond reasonable doubt

In the Philippine setting, our criminal proceeding carries the penalty of imprisonment
or deprivation of liberty and on the extreme, the punishment of death.
In order to make sure that only those who are truly guilty of the crime are punished
and that no person who is innocent is imprisoned, our Rules of Evidence provide that the
weight of evidence required to convict as accused for a criminal act must be proof beyond
reasonable doubt. Unless his guilt is shown beyond reasonable doubt, he is entitled to an
acquittal.

D. CRIMINAL IN RELATION TO CJS

The criminal is the main character, so to speak, of the Criminal Justice System. Some
authors even refer to him as the superstar, if you will, because upon him the pillars of the
system revolve.

Definition of Criminal

1. In the criminological sense, a person may be considered as a criminal from the time
he or she committed the crime regardless whether or not it has referred or reported to
the police for investigation.
2. In the legal sense, a person may be considered a criminal only upon undergoing the
judicial process and upon determination by the Court that he or she is guilty beyond
reasonable doubt.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 8

3. In the Criminal Justice sense, a criminal may be defined as one who has undergone
the process and went through all the pillars of the Criminal Justice System.

Different NOMENCLATURES given to the person who is being processed under the CJS

1. At the police stage, during investigation, he is referred to as the SUSPECT.

2. At the prosecutor’s office, during the determination of probable cause or during the
preliminary investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.
4. Once the court has determine

E. CONCEPT OF JUSTICE

What is justice? Can we be truly just? Do we want all members of the society to come
under the umbrella of justice? These are similar questions that have fascinated politicians,
patriots, philosophers and the general public for centuries. There is no universal definition of
justice. It is a concept that spans an infinite number of perspectives and views, each as valid
as the other, even though at times incompatible.

Mortimer J. Adler, as cited by Professor Florante A. Seril, has indicated the essence of
justice in two precepts:

The first is “to render to each his due”. For instance, if one borrows money promising to
pay it back, it is only just for the borrower to pay back the said debt. It is rendering to him
what is due. To refuse to pay it back is unjust since it amounts to keeping what belongs to
another.

The second is “treat equals equally and unequal unequally in proportion to their
inequality.” For example, if all members of a class in school did not do their assignment, all
should receive the same grade, otherwise there will be injustice. Justice involves equal
punishment for identical offenses and equal rewards to identical merits.

Elements of justice in order that justice may be dispensed of absolutely

1. The absolute ability to identify the law violator.

2. The absolute ability to apprehend law violator.
3. The absolute ability to punish law violator.
4. The absolute ability to identify the intent of the law violator.

Two-fold role of justice

1. The prevention of certain activity that is harmful to society; and

2. The apprehension and the formal processing of individuals who have committed illegal
acts.

F. THE CRIMINAL JUSTICE SYSTEM

Criminal Justice System (CJS), Defined

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 9

The Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality. It is composed of the pillars of justice such as: Formal
CJS (The Law Enforcement Pillar [Police], the Prosecutor pillar, the Court Pillar, and
the Correction Pillar), and the informal pillar (Community Pillar.)

The criminal Justice System is a social institution and a system. As a social institution,
the system attempts to meet society’s needs for law and order. As a system, it relies on due
process involving the five pillars. Due process is provided by law and the Rules of Court with
the goal of service of justice that is effective, accurate, timely, fair and respectful to human
rights.

The Philippine Criminal Justice System is a process which the government upholds when
someone violates criminal law. This is a procedure sanctioned by law and the Rules of Court
for those people who allegedly committed a crime.

Interrelationship of the different pillars:

Some of the most crucial problems in the criminal justice system have occurred as the
result of the failure to recognize the effect that a change in the system do not operate
independently; but rather, the functions overlap.

If any one of the pillar is dysfunctional, the rest of the pillar suffers. Surely, the same
will result to a miscarriage of justice.

Although there is generally a broad agreement over the goals of the CJS, there is far
less agreement over the how best to attain these goals. Based on the principles of check and
balances, the enforcement, prosecution, judicial, and correctional aspects of the systems are
not vested within the authority of the same agency.

For example, giving the police the authority to arrest, prosecute and to reform
individuals would be an unacceptable practice. Such a system would obviously pose a
dangerous threat to individual liberty in the free society.

In such a case, the police will be acting as the enforcer, prosecutor, judge and
executioner at the same time. This system will be in essence a “sidewalk justice”. This poses
the threat of human rights violations being committed.

In the Philippine CJS Setting:

The law enforcement, particularly the Philippine National Police (PNP) is under the
Department of Interior and Local Government (DILG): while the National bureau of
Investigation is an agency attached to the Department of Justice (DOJ).

The prosecution service is under the DOJ, while the OMBUDSMAN is a

Constitutional body independent from even the three major and co-equal branches of the
government. On the other hand, the Public Attorney’s Office (PAO) is also under the DOJ.
Thus, the prosecution, generally considered as the representative of the State in criminal
cases, and the PAO, which is also generally represents the accused or the respondent in
criminal cases belong to the same department of the government.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 10

The courts, meaning the regular civil courts, including the Sandiganbayan and
Special Criminal Courts, are under the supervision and control of the Supreme Court.

The correctional institutions are either under the DOJ or the DILG.

- the Bureau of Corrections or the National Penitentiary is under the DOJ.

-By virtue of R.A. 6975, the Bureau of Jail Management and Penology (BJMP) is in charge of
tje city or municipal jails while provincial government is in charge of the provincial jails. Both
are under the DILG. The Department of Social Welfare and Development (DSWD) is also now
deeply involved in the correctional process especially with Children in Conflict with the Law
(CICL) by virtue of R.A. 9344 or the Juvenile Justice Welfare Act.

Goals of Criminal Justice System

Primary goals of the CJS

The following are the primary goals of the CJS:

1. To protect the members of the society. CJS is the formal instrumentality authorized by
the people of the nation to protect both their collective and individual well-being.
2. The maintenance of peace and order. There is a need for political and institutional
stability as a goal of an organized society. Because crime and disorder disrupt stability
in the society, we have given the CJS the authority to act as society’s representative
and to serve as the instrument by which the existing order is maintained.

Secondary goals of the CJS

The following are the sub-goals of the CJS:

1. The prevention of crime.
2. The suppression of criminal conduct by apprehending offenders for prevention is
ineffective.
3. The review of the legality of our preventive and suppressive measures.
4. The judicial determination of guilt or innocence of those apprehended.
5. The proper disposition of those who have been legally found guilty.
6. The correction by socially approved means of the behavior of those who violate the law.

G. PHILOSOPHICAL APPROACHES BEHIND THE CJS

The following are the Philosophical approaches behind the CJS:

 Adversarial approach. (assumes innocence) the prosecutor representing the state

must prove the guilt of the accused. This approach requires that the proper
procedures are followed. Procedures designed to protect the rights of the accused.
- The adversarial approach embodies the basic concept of equal protection and due
process. These concepts are necessary in order to create a system in which the
accused has a fair chance against the tremendous powers of the prosecutors and the
resources of the State.
- Theoretically, the observance of due process will prevent the prosecutor from obtaining
a guilty verdict for an innocent defendant. In reality, however, justice does not always
prevail.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 11

 Inquisitorial approach. (assumes guilt) the accused must prove that they are
innocent. This is the opposite of the adversarial approach. The inquisitorial approach
places a greater emphasis on conviction rather than on the process by which the
conviction is secured.

Table 1. Difference between inquisitorial and adversarial approach.

Adversarial Inquisitorial
Assumes the accused to be Assumes the accused to be
As to the presumption
innocent guilty
Places the burden on the Places the burden to the
As to the burden of proof public prosecutor to prove accused in proving his
guilt of the accused innocence
Places emphasis on the Places emphasis on the
As to the emphasis
process conviction of the accused

Principles of law that must be adhered to in our CJS:

1. Principle of due process of law. It means that those who are accused of the crimes
and those who are processed through the criminal justice system must be given the
basic rights guaranteed by the Constitution.
- As explained by the Supreme Court, the due process clause is elastic and flexible to
meet varied contingencies.
- In essence, due process simply means compliance with the requisite NOTICE and
HEARING. The essence of due process is found in the reasonable opportunity to be
heard and submit any evidence one may have in support of one’s defense. What the
law prohibits is not the absence of previous notice but the absolute absence thereof
and the lack of opportunity to be heard.
- Criminal due process refers to the observance of Rules of Criminal Procedure issued
by the Supreme Court of the Philippines and the Bills of Rights embodied under
Article III of the Philippine Constitution, and other statutes. The criminal due process
must be observed from moment an investigation is conducted up to the imposition of
penalty and release of the offender.
2. Equal protection clause. It declares that the state may not attempt to create or
enforce statutes against a person solely because of specific characteristics such as
race, age, or sex. According to the Supreme Court, it must be based on some
reasonable classification.

H. THE CRIMINAL JUSTICE SYSTEM AND THE PHILIPPINE CONSTITUTION

There are provisions in the 1987 Philippine Constitution that are relevant in the study
of the Philippine Criminal Justice System.

1. Article II, Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 12

2. Article II, Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
3. Article III, Section 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the laws.
4. Article III, Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon 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.
5. Article III, Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty.
6. Article III, Section 12.
(1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices,
and their families.
7. Article III, Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be provided by
law. The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
8. Article III, Section 14.
(1) No person shall be held to answer for a criminal offense without due process of
law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
9. Article III, Section 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative body.
10. Article III, Section 17. No person shall be compelled to be a witness against himself.
11. Article III, Section 19.
(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 13

involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
12. Article III, Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same act.
13. Article III, Section 22. No ex post facto law or bill of attainder shall be enacted.

What is the concept of “criminal due process”?

Criminal due process requires that the accused be tried by an impartial and
competent court in accordance with the procedure prescribed by law and with proper
observance of all the rights accorded him under the Constitution and applicable statutes (ex.
Denial or preliminary investigation when proper).

The basic ingredient of criminal due process is a trial conducted in accordance with
the rudiments of fair play.

Any person under investigation of the crime may at all times invoke his right to due
process. The Bill of Rights (including the right to due process) is a litany weapons, which a
person may use in order to resist or defeat any abuse or misuse of governmental power. The
Bill of Rights is foundationally directed against the government.

I. CRIMINAL JUSTICE SYSTEM MODELS

Two most popular models of CJS:

1. Crime control model is based on the idea that the most important function of the
CJS is the repression of criminal conduct.
- The model is justified by pointing out that the failure of the police and other agencies
of the criminal justice to bring the criminal conduct under control leads to the
breakdown of the public order, and, as a result, the disappearance of social
tranquility, which is an important condition of human freedom.
- In this model, the administration of criminal justice must stress “efficiency”
increased capacity to apprehend, try, convict and dispose of a high proportion of
criminal offenders.
- In this model, procedural issues such as the rights of the accused, which some people
blame as the culprit that allows offenders to escape justice, must be secondary to
protect society and control crime.
- The supporters of this model content that the collective rights of the society must take
precedence over the rights of the individual; where there is conflict over this issue;
collective public safety, immediate protection.
- Underlying the assumption of this model is the feeling that the offender is guilty- an
assumption that contradicts the basic presumption of innocence that is supposed to
surround the accused under our system of Criminal Justice.
- The crime control model promotes punishment. Deterrence serves as the philosophical
underpinning of this model. The justice process is quick and generally informal.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 14

2. The Due Process Model has the features of an obstacle course. Under this Model,
each of the stage of the criminal justice process from arrest, prosecution, through the
courts disposition of the accused, is designed to present formidable impediments to
carrying the accused any further along in the process.

The primary consideration of the due process model is to protect the rights of the
accused, the individual freedoms and the general consideration of liberty, the basic right of
an individual. However, this results to the delay in the administration of justice.

The saying that justice delayed is justice denied is often heard and hurled as a
criticism against this model.

This model presumes that people are considered basically good. As such, individuals
are presumed innocent until proven guilty.

Its primary concern is the rehabilitation and integration of offenders back into society,
and more particularly in assisting law violators to make a deliberate conversion to a more
responsible lifestyle.

The justice process is deliberate, formalized, thorough, and individualized. It

emphasizes treatment and not punishment of the offenders. Treatment entails the
establishment of community based alternatives to incarceration.

It must be stated that there will be guilty persons who will escape punishment, and
some guilty persons will be punished less severely than they should be. But on the other
hand, there will be fewer innocent persons punished, and the number of guilty persons
punished more severely than they deserve will also be diminished.

The Philippines adopt the Due Process Model in its Criminal Justice Process.

What are the difference between the two and explain?

(a) As to quality control;

Packer views both the systems as striving for the quality control in very
different ways.

He suggests that the due process model emphasizes “reliability” (i,e. society
must be willing to live with the fact that some guilty offenders will be found
innocent in order to ensure that the innocent persons are not unjustly
convicted),

Whereas the crime control model emphasizes “efficiency” and productivity

(i.e. society must be willing to accept the fact that some innocent people might
well be incorrectly found guilty, but that the overall improvement in the

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 15

administration of justice and, supposedly, the protection to society, would more

than compensate for such mistakes).

(b) As to the primary of protection:

The primary concerns of the due process model are the protection of
individuals, individual freedom, and general maintenance of liberty;

Whereas the concern of crime control model is the collective rights of the society
that must take precedence over the rights of the individual; where there is conflict
over this issue,
collective public safety must be the first consideration.

(c) As to the assumption of guilt or innocence:

In the Due Process Model, people are considered basically good. Individuals are
presumed innocent until proven guilty.

Whereas in the Crime Control Model individuals are presumed guilty until proven
innocent, and the concern is with forcing conformity through an external
deterrence system.

(d) As to the promotion of treatment/ punishment:

In the Due Process Model, the emphasis is on the treatment and not the
punishment of the offender. The concern is rehabilitating and integrating offenders
back into society, and more particularly in assisting law violators to make a
deliberate conversion to a more responsible lifestyle. The justice process is
deliberate, formalized, thorough, and individualized, Treatment entails
establishment of community based alternatives to incarceration.

J. JUVENILE JUSTICE SYSTEM (R.A. 9344)

Concept of Restorative Justice

Restorative justice- refers to a principle which requires a process of resolving conflicts

with the maximum involvement of victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the community; and
the reassurance to the offender that he/she can be reintegrated into society. It also enhances
public safety by activating the offender, the victim and the community in prevention
strategies.
In the Philippine setting, this concept is being implemented only with regard to Children
in Conflict with the Law (CICL). It is the principle by which R.A. 9344, otherwise known as
the “Juvenile Justice Welfare Act of 2006”, conforms to.

What are the Children in Conflict with the Law (CICL)?

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 16

A child in conflict with the law refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine Laws.
Who is Child at Risk?
A child at risk is one who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances.
What is Intervention?
Intervention refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized treatment
program which may include counselling, skills training, education, and other activities that
will enhance his/her psychological, emotional and psycho-social well-being.
What is Diversion Program?
Diversion program- refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense without resorting to
formal court proceedings.
What is the distinction between Intervention and Diversion?
Intervention only applies to two groups of children:
1. Children in Conflict with the Law (CICL) who are 15 or younger; and
2. CICL who are above 15 but below 18 who acted without discernment.
In the above cases, there is no criminal liability that exists. The program is designed to
restore the CICL to a functioning state and prevent future offenses. On the other hand;
Diversion applies only to CICL above 15 and below 18 who acted with discernment. It further
refers to a child- appropriate alternative to formal legal proceedings to determine whether the
CICL is actually guilty of the alleged offense.
Difference between the Adult CJS and Juvenile CJS
Like in other countries, the Philippines has separate processes for adults and
juveniles. Persons below age of 18 who committed a crime are processed under Republic Act.
No. 9344 or the Juvenile Justice and Welfare Act of 2006. Persons who are 18 years old and
above must be prosecuted in accordance with the Revised Rules of Court promulgated by the
Supreme Court in the exercise of its Rule Making Power under the Constitution.
The Juvenile justice gives more emphasis to the importance of rehabilitation and
adherence to restorative justice rather than punishment and retribution.
The juvenile justice system has a specialized court, which is the family court, which
is a Regional Trial Court designated by the Supreme Court to handle family-related cases
including juvenile cases. There is no separate police for juveniles, but there is a different
approach towards them. The juvenile is not subjected to arrest but is taken into police
custody following the special procedure for initial contact with the child.
The Women and Children’s Protection Desk (WCPD) officer will be the one who will
investigate the Child in Conflict with the Law (CICL) for proper disposition under the laws
and procedure.

CLJ-1 RMB
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM Page 17

Table 2. Difference between the Adult CJS and Juvenile CJS

Adult CJS Juvenile CJS
Child in Conflict with the
Subject of the process Accused
Law
Penal law violated; Revised R.A. 9344; Rule on Juvenile
Law/ Rules applied
Rules of Court Conflict with the Law
Trial Court Regular Courts Family Court
Parens patriae; best interest
State Policy Exercise of Police Power
of the child
Both adhere to the principle of restorative justice

CLJ-1 RMB