THE PHILIPPINE CRIMINAL JUSTICE SYSTEM THE FIVE PILLARS Police/Law Enforcement (1st Pillars) Specifically, the first stage in the criminal justice process pertains police or Law enforcement activities which are 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 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. If the arresting officer or his superior believes 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 have to refer the investigation report to the prosecutor’s office, include 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 (2nd Pillars) 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 Prosecutor 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 ATTORNEY’S OFFICE (PAO) THE DEFENDER The 1987 Philippine Constitution state in part, “in all criminal prosecution, the accused shall enjoy the rights to have assistance of counsel.” Everyone rich or poor, is entitled to be defended by a Public Defense attorney when charges are brought against him or her, that is, if the individual cannot afford to pay or hire a private defense counsel, the states must provide one free of charge. As soon as a person is arrested he or she needs a defense attorney. If such a need does not immediately come to mind, the police routinely remind the suspect that, “you have the right to Attorney.” And, the role of the defense attorney begins almost as soon as the arrest occurs, for the accused needs the assistance of counsel to make sure that the interrogation and other pretrial procedures are conducted in a constitutional manner. The defense counsel may even conduct his own investigation independently to assert the defense of the accused. Function To provide free legal assistance and services to indigent members of society. Objectives Humanitarian and democratization of justice. Activities 1. to render legal assistance, advice and counseling to indigents; 2. to render legal documentation services to indigents; 3. to extend mediation services to indigents; 4. to represent indigents or immediate members of their families in all civil and criminal cases, including administrative and labor cases; and 5. to assist or represent indigents detention prisoners upon request. COURT (3rd Pillars) 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 FOUR-LEVEL INTEGRATED COURT SYSTEM IN THE PHILIPPINES FIRST LEVEL COURTS A. Metropolitan Trial Courts B. Municipal Trial Courts (in Cities) C. Municipal Circuit Trial Courts They try and decide only the particular types or classes of cases specified by law. Criminal action within their respective jurisdiction includes those involving violation of city and municipal ordinances committed within their respective jurisdictions, and offenses punishable with imprisonment not exceeding six (6) years. SECOND LEVEL COURTS At the second level courts are the Regional Trial Courts which composes of several branches. They are courts of general jurisdiction; they try and decide not only the particular or kind of cases assigned to them by law, but also those which are not otherwise within the jurisdiction of the courts of the first level. THIRD LEVEL COURT At the third level is the Court of Appeals (CA). It is essentially an appellate court (not a trial court), it review cases appealed to it from the Regional Trial Courts. It may review cases on Question of facts and law. FOURTH LEVEL COURT At the fourth level court is the Supreme Court (SC). It is the highest court of the land. It is the court of last resort, for no appeal lies from its final judgments and final orders. It exercises appellate jurisdiction over cases decided by the Court of Appeals or the Regional Trial Courts. As a rule, only question of law may be raised in appeal to it. In Summary, the role of the Courts in criminal action proper start with: a. issuance of the Warrant of Arrest b. to Arraignment c. to Pre-trial Conference d. to trial e. to judgment f. an d finally to the execution of the sentence. CORRECTIONAL INSTITUTIONS (4th Pillars) 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 (5th Pillars) 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.
Posted on: Mon, 29 Sep 2014 17:05:01 +0000
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