CRIMINOLOGY BOARD EXAM REVIEWER 2023

Chapter 1: Introduction to Criminal Justice System in the Philippines

Learning Objectives:

At the end of this chapter, the students will be able to:

• Define Criminal Justice;

• Determine the Importance of Criminal Justice;

• Identify and explain the types of Justice;

• Identify the Pros and Cons of the type of justice;

• Define the 5 Pillars of the Justice System;

• Discuss the agencies in charge of each 5 Pillars of the Justice System; and

• Determine some of the powers and functions of the agencies in charge in every 5 Pillars.

Criminal Justice System

Criminal Justice is a general term that refers to the laws, procedures, institutions, and policies in effect prior to, during, and after a crime is committed (Cornell Law School, 2022). It intends to demonstrate not only how current law defines criminal behavior, but also how people and organizations involved in criminal justice use and interpret the law in their approaches to responding to crime in practice. (Cross, 2010). Criminal justice as a modern concept expresses two central ideas (Cornell Law School, 2022):

 

• Suspects, convicted criminals, and victims of crime all have certain rights; and

• Criminal conduct should be prosecuted and punished by the state following set laws.

Criminal justice refers to the system by which society responds to crime and criminal behavior, including law enforcement, courts, and correctional institutions (Schmalleger, 2020, p. 3). It is the social system by which governments maintain social control, prevent and mitigate crime, and sanction those who violate laws with criminal penalties and rehabilitation efforts (Piquero et al., 2021, p. 1).

The criminal justice system is the network of government and private agencies intended to manage accused and convicted criminals (Crowder and Turvey, 2013). It is an interconnected network of agencies and processes responsible for the investigation, prosecution, adjudication, and punishment of criminal offenses." (Siegel and Worrall, 2021, p. 4). It consists of multiple interrelated pillars. These pillars are fashioned to support the ideals of legal justice. Legal justice is the result of forging the rights of individuals with the government’s corresponding duty to ensure and protect those rights, which is referred to as a due process. Due process refers to the principle that the government must respect all of the legal rights that are owed to a person according to the law. This includes the right to notice and an opportunity to be heard before the government can deprive a person of life, liberty, or property. (Cole and Smith, 2020, p. 31)

These constitutional entitlements cannot be given and protected without the abiding commitments of those professionals working in the criminal justice system. Such professionals must submit themselves to the ethical principles of the criminal justice system and evidence of persistent integrity in their character (Crowder and Turvey, 2013). 

Importance of Criminal Justice System

The following are the advantage of having a robust and effective Criminal Justice System:

1. Maintaining Social Order and Protecting Public Safety

The criminal justice system is crucial in maintaining social order and protecting public safety by deterring criminal behavior and punishing those who break the law (McCarthy & Hagan, 2015). By preventing crime and disciplining offenders, the criminal justice system is vital for preserving civil society and retaining safety for everyone. It is very important for everyone to feel safe with society, and an effective criminal justice system plays a very important role for that, knowing that violators will be disciplined accordingly.

2. Upholding the Rule of Law

The criminal justice system plays a vital role in upholding the rule of law and ensuring that everyone is treated equally under the law (Tyler, 2017). In order to preserve the rule of law and guarantee everybody is respected equally before the law, the criminal justice system is essential. Because it guarantees that no one is above the law, that everyone should be treated equally, and that everyone is held accountable to the same laws, the rule of law must be retained.

3. Providing Closure and Justice for Victims

The criminal justice system provides closure and justice for victims by holding offenders accountable for their actions and providing restitution for the harm they have caused (van Dijk et al., 2014). By working to ensure that offenders answer for their actions and make amends for the harm they have caused, the criminal justice system gives victims contentment and justice. The criminal justice system gives victims the peace of mind that they seek, by making sure that criminals are prosecuted.

4. Rehabilitating Offenders

The criminal justice system offers opportunities for rehabilitation and reintegration of offenders back into society through programs such as probation and parole (Clear et al., 2014). With initiatives like probation and parole, the criminal justice system gives offenders the chance to get better and reintegrate back into society. Through the restoration, delinquents are given a second chance to do better and start over with life.

5. Maintaining Public Trust and Confidence in the Justice System 

The criminal justice system is important in maintaining public trust and confidence in the justice system by ensuring that it is fair and impartial (Merry, 2016). By assuring that the justice system is fair and unbiased, the criminal justice system plays a crucial role in upholding public faith in it. It makes it easier for society to gain confidence in a criminal justice system that is unprejudiced and just.

Justice: Definition and Typologies

Justice refers to the concept of fairness and equity in the distribution of resources, opportunities, and punishments. It is the principle of fairness that ensures that people receive what they deserve and are treated equally under the law. It involves both fairness and equality, and everyone should be treated with dignity and respect. It also involves ensuring that individuals are held accountable for their actions and that those wronged are provided with appropriate remedies. The idea of justice is central to many fields, including law, ethics, philosophy, and politics (Delgado, and Stefancic, 2017).

Types of Justice

The following are the types of Justice:

• Distributive Justice

It is concerned with the fair distribution of benefits and burdens within a society. This includes ensuring that resources such as wealth, power, and opportunities are distributed fairly and that everyone has an equal chance to succeed (Rawls, 1971). The fair and equal distribution of resources, or distributive justice, is critical to a society's stability and the well-being of its members. Different people will define "fair" differently: some will define it as equity, others as equality, and still others as needed. (Michelle Maiese, 2003).

Pros and Cons of Distributive Justice

Distributive Justice promotes greater equality within a society. Ensuring that resources and benefits are distributed fairly, it can help to reduce disparities in income, education, healthcare, and other areas. It contributes to greater social stability, as individuals who feel that they are being treated fairly are less likely to engage in protests, demonstrations, or other forms of dissent. It also encourages individuals to take greater responsibility for the well-being of others in their community. When people know that resources are being distributed fairly, they may be more inclined to contribute to the common good (Roemer, 1998).

Critics of Distributive Justice argue that it can be challenging to implement in practice, as there may be disagreements over what constitutes a fair distribution of resources. Determining who deserves what can be a complex and contentious process. It also leads to a lack of incentive for individuals to work hard or pursue excellence. When rewards are distributed equally, regardless of individual effort or achievement, there may be less motivation to strive for success. Lastly, it is economically inefficient, as it may discourage entrepreneurship or investment. When the rewards of success are not proportional to the effort or investment required, individuals may be less likely to take risks or pursue innovative ideas (Sen, 1992).

• Retributive Justice 

It is concerned with punishing individuals who have committed crimes or wronged others. It claims that individuals who violate the law should be punished as a means of restoring balance and order in society (von Hirsch, 1993). All individuals deserve to be given the same respect that they treat others. It justifies punishment as a response to previous wrongdoing or injustice. In other words, those who fail to follow the rules should be prosecuted and should face consequences for their actions. (Michelle Maiese, 2003). Retributive justice holds that punishment should be proportionate to the severity of the crime committed and that the offender should be held accountable for their actions. The severity of the punishment should be commensurate with the severity of the crime (Bentham, 1948).

Pros and Cons of Retributive Justice

Retributive justice serves as a deterrent to would-be criminals, who may be less likely to commit crimes if they know that there are consequences for their actions (Beccaria, 1764). It provides a sense of closure and justice for victims and their families, who may feel that the punishment of the perpetrator is an appropriate response to the harm they have suffered (von Hirsch, 1993). Lastly, it can help to maintain social order and prevent vigilante justice by providing a legitimate and authoritative system for punishing wrongdoers (Rawls, 1971).

Retributive justice critics argue that it is overly punitive and fails to take into account the underlying causes of criminal behavior, such as poverty, addiction, or mental illness (Davis, 2014). Others argue that it can perpetuate systemic injustices, particularly against marginalized groups who may be more likely to be subjected to harsh punishments (Alexander, 2010).

• Procedural Justice

It is concerned with ensuring that the processes and procedures used to make decisions are fair and unbiased. This includes ensuring that individuals have access to information, are treated with respect, and have the opportunity to voice their concerns. It holds that individuals are more likely to accept the outcomes of a decision if they believe that the process used to arrive at that decision was fair and unbiased (Tyler, 1990). Concerned with making and enforcing decisions in compliance with fair processes that ensure "fair treatment," rules must be followed impartially and consistently in order to generate an unbiased decision. Those carrying out the procedures should be impartial, and those who will be directly affected by the decisions should have a say or representation in the judgment call process. (Michelle Maiese, 2003).

Procedural Justice involves a number of different elements, including (Tyler, 1990):

• Voice- individuals must be given the opportunity to express their views and concerns before a decision is made.

• Neutrality- the decision-making process must be unbiased and free from any conflicts of interest.

• Respect- individuals must be treated with dignity and respect throughout the decision-making process.

• Transparency- the decision-making process must be open and transparent, with clear explanations provided for the decisions made.

Pros and Cons of Procedural Justice

Procedural Justice helps to promote trust and confidence in the decision-making process, which can lead to greater acceptance of the outcomes of that process (Tyler, 2006). It is essential for maintaining the rule of law and ensuring that individuals are treated fairly and impartially (Sunstein, 1998). Lastly, it can help to reduce tensions and conflicts that may arise as a result of decisions that are perceived to be unfair or biased (Tyler and Lind, 1992).

Critics of Procedural Justice hold that ensuring procedural justice can be time-consuming and costly. It may require extensive training and resources to ensure that decision-making processes are fair and unbiased. While procedural justice can help to prevent bias and discrimination in decision-making processes, it may not address the underlying structural inequalities that contribute to social injustice. Lastly, even with the best intentions, personal biases and preconceptions can still influence decision-making processes. This can undermine the fairness of the procedures being used (Tyler, 2006).

• Restorative Justice

It is an approach to criminal behavior that emphasizes lawbreaker restitution and the resolution of post-crime issues by bringing victims, offenders, and the community together to reestablish the parties' harmonious relationship.(Debra Heath-Thornton, 2018). It focuses on repairing harm that has been caused by a crime or wrongdoing. Restorative justice involves bringing together the victim, offender, and community to discuss the harm that has been done and work toward finding a solution that benefits everyone involved (Braithwaite, 1989).

Pros and Cons of Restorative Justice

Restorative justice allows victims to participate in the process of repairing harm and finding a resolution, which can lead to greater satisfaction with the outcome. It can lead to lower rates of recidivism than traditional justice approaches. This may be because restorative justice encourages offenders to take responsibility for their actions and make amends. It can also improve relationships between offenders, victims, and the community by providing opportunities for dialogue and understanding (Umbreit, 2001).

Critics of Restorative Justice claim that it may not be appropriate in cases where there is a significant power imbalance between the offender and victim, such as cases of domestic violence. It requires the participation of all parties involved, including the offender, victim, and community members. If any party is unwilling to participate, the process cannot proceed. Lastly, Restorative justice programs can be resource-intensive, requiring trained facilitators and the availability of appropriate programs and services (Umbreit, 2001).

The Five Pillars of Criminal Justice in the Philippines

The criminal justice system in the Philippines is based on five key pillars that serve as the foundation for the country's criminal justice policies and practices. The five pillars are designed to ensure that criminal laws are enforced fairly and impartially, that criminal cases are adjudicated in a timely and efficient manner, and that convicted individuals are managed in a manner that promotes rehabilitation and reintegration into society (Cruz, 2015).

The following are the 5 pillars of the Criminal Justice System in the Philippines:

1. Law Enforcement

These are processes, agencies, or institutions that are responsible for enforcing criminal laws and investigating crimes. These include the procedures, bureaus, or organizations in charge of carrying out criminal law enforcement and criminal proceedings. These agencies make sure that we can live peacefully, knowing that we can count on them to assist and respond to unforeseen or unspecified circumstances, and perceive and prevent crimes.

Law Enforcement Officers are very vital; they provide immediate medical attention for anyone who’s got into any type of accident or stops a crime that could endanger lives. In addition, they also investigate crimes in order to determine the culprit. Law enforcers also maintain solidarity in a community.

The law enforcement agencies in the Philippines are responsible for maintaining law and order, ensuring public safety, and enforcing laws in the country. These agencies operate at the national, regional, and local levels and have different functions and jurisdictions. The following are the law enforcement agencies in the Philippines:

• Philippines National Police (PNP)

PNP is the civilian national police force of the Philippines, originating from a merging of the Philippine Constabulary and the Integrated National Police (Official Gazette, n.d.). It is the main law enforcement agency in the country.

 According to Section 24 of RA 6975, the following are the powers and functions of the PNP:

• Uphold all laws and regulations concerning the safety of people and property;

• Enforce law and justice and take all required measures to protect the public;

• Examine crimes, work to stop them, arrest criminals, bring them to justice, and aid in their prosecution;

• Use your general authority to make arrests, search for people and seize while abiding by the law and the Constitution;

• Inform a person who has been arrested of all of his constitutional rights while holding them for no longer than what is required by law;

• granting permits for the legal possession of explosives and weapons;

• Oversee and regulate the activities of security agency management and training, and grant security agency operators, security guards, and private investigators licenses to engage in their respective professions;

• Use all other powers and carry out all further tasks as may be required by law.

• National Bureau of Investigation (NBI)

NBI is the premier investigative agency of the Philippine government and is responsible for conducting investigations on crimes that fall within its jurisdiction. It undertakes the efficient detection and investigation of crimes and other offenses against Philippine laws. It coordinates with other national and local police agencies in the maintenance of peace and order. 

The following are some of the powers and functions of NBI according to the Republic Act No. 10867, (2016):

• Investigate and identify acts and crimes.

• Through its officers, from the ranks of Regional Director to Director, issue an order for the appearance of any individual for an investigation or the production of documents;

• Serve as a nationwide clearinghouse collecting criminal histories and other relevant data for the government;

• Provide technical support to government agencies and institutions upon request;

• When the Department of Justice requests it, extend help in extradition and mutual legal assistance;

• Develop an NBI Academy that will be in charge of, among other things, hiring, educating, and developing all NBI agents and staff;

• Establish and operate a Forensic and Scientific Research Center that will be the primary location for forensic and scientific research to advance scientific understanding of criminal investigation, detection, evidence collecting, and preservation, as well as to offer the required training;

• Establish and manage a Cyber Investigation and Assessment Center that will operate as the focal point for information on software and data technologies, cases of cybercrime, computer intrusion, dangers, and other crimes or actions related to them;

• Establish and sustain a network of facilities and tools that are integrated, comprehensive, and state-of-the-art for use by the NBI in its criminal probe, detection, and evidence gathering, as well as the necessary training in this regard;

• In its fight against crime, ask for the assistance of the Philippine National Police (PNP), the Armed Forces of the Philippines, or any other government agency, including corporations that are owned or controlled by the government. The use of the agency's personnel and facilities may be part of this assistance with prior approval from the head of the agency;

• Execute intelligence operations in support of the aforementioned powers and responsibilities;

According to RA No. 10867, the following are the cases that the NBI has jurisdiction:

• Instance of human trafficking in all Philippine airports;

• Extrajudicial/extralegal killings of professional journalists and activists by the state's security forces;

• Murders of judges and justices;

• The "Cybercrime Prevention Act," also known as Republic Act No. 10175, was violated;

• circumstances that the Inter-Agency Anti-Graft Coordination Committee (IAGCC) has been tasked with handling;

• Anti-Dummy Law infractions;

• situations involving assaults or threats against the safety of the Chief Justice of the Supreme Court, the President, the Vice President, the Senate President, the Speaker of the House of Representatives;

• Transnational offenses in accordance with approved international accords;

• Verification of the deceased/victims in situations involving high numbers of fatalities brought on by natural catastrophes; and

• Breaches of the laws punishable by Republic Act No. 8484, also known as the "Access Devices Regulations Act of 1998," and Republic Act No. 8792, also known as the "E-Commerce Act of 2000," among other white-collar offenses; Presidential Decree No. 1689, also known as "Decree Increasing the Penalty for Certain Forms of Estafa," Republic Act No. 8293, also identified as "Intellectual Property Code of the Philippines," Republic Act No. 8799, also known as "Securities Regulation Code," and other comparable criminal statutes that Congress may enact.

• Other law enforcement agencies:

• Bureau of Customs- They are responsible for the collection of customs duties and taxes on imported goods and for enforcing customs laws and regulations in the country. It also has the authority to investigate and prosecute cases involving smuggling and other customs violations (Bureau of Customs, n.d.).

• Bureau of Immigration- They regulate the entry and stay of foreigners in the Philippines and enforce immigration laws and regulations. It also has the authority to investigate and prosecute cases involving immigration violations (Bureau of Immigration, n.d.).

• Philippine Drug Enforcement Agency- They are the lead agency in the fight against illegal drugs in the Philippines. Its functions include drug law enforcement, drug intelligence, and drug prevention and rehabilitation programs (Philippine Drug Enforcement Agency, n.d.).

2. Prosecution

These are processes, agencies, or institutions that are responsible for filing criminal charges and representing the government in court proceedings. It refers to the procedures, organizations, or establishments in charge of bringing criminal accusations and defending the government in court proceedings. Prosecutions are the practices, divisions, or entities in charge of bringing charges against people and defending the government in court. One of the many important roles of prosecution in the criminal justice system is to offer free legal services to those in need and those who can't afford legal advisors, which is a very big help for victims of crimes who can’t afford justice.

The prosecution agencies in the Philippines are responsible for investigating and prosecuting criminal cases in the country. These agencies operate at the national and local levels and have different functions and jurisdictions. The following are the prosecution agencies in the country:

• Office of the Ombudsman

The Office of the Ombudsman is an independent government agency that is responsible for investigating and prosecuting cases of graft and corruption in the public sector. Its functions include receiving complaints, conducting investigations, and prosecuting cases before the Sandiganbayan, a special anti-graft court in the Philippines (Office of the Ombudsman, n.d.).

The following are some of the powers and functions of the Office of the Ombudsman (RA 6770, Section 15):

• Investigation and conviction of any public employee's act or omission that appears to be unlawful, unfair, improper, or ineffective, whether on its own initiative or in response to a complaint from a third party. It has primary authority over matters that the Sandiganbayan may consider, and in the course of exercising that primary jurisdiction, it may at any time take over the investigation of such cases from any investigative agency of the government;

• Direct any officer or employee of the government or of any division, agency, or instrumentality, as well as any government-owned or controlled corporations with the original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or irregularity in the performance of duties, upon receiving a complaint or at its own initiative;

• Prompt the officer in question to take the necessary steps against a public officer or employee who is at fault or who fails to carry out an act or carry out a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance with such recommendations; or enforce its disciplinary authority as provided in Section 21 of this Act: any officer who refuses to follow an order from the Ombudsman to oust, suspend, demote, fine, censure, or prosecute an at-fault officer or employee or who neglects to carry out an act or discharge a duty required by law without justification will be subject to disciplinary action;

• Guide the responsible officer to provide it with copies of any contracts or transactions his office enters into integrating the use of public funds or assets, subject to any limitations set forth in its procedural regulations, and to report any irregularities to the Commission on Audit for appropriate action;

• Department of Justice (DOJ)

The DOJ is the principal law agency of the Philippines and is responsible for administering the criminal justice system in the country. Its functions include conducting preliminary investigations, prosecuting criminal cases, and providing legal advice to other government agencies (Department of Justice, n.d.).

The following are the powers and functions of DOJ (EO 292, BOOK IV/Title III/Chapter 1, Section 3):

• Whenever necessary, serve as the primary government law office, its legal advisor, and its spokesperson;

• Oversee the rehabilitation and corrections system, punish offenders, and conduct investigations into crime scenes;

• Provide impoverished and native clients with free legal counsel and aid in criminal proceedings and non-commercial civil disputes;

• Defend the integrity of land titles by registering them correctly;

• Seek clarification into and settle unresolved land issues affecting minor landowners and people from indigenous cultural groups;

• Provide services for regulating immigration and naturalization and put into effect the rules controlling citizenship and the entrance and stay of foreigners;

• Offering legal services to the federal government and its agents, including those working for government-owned or controlled businesses and their subsidiaries; and

• Carry out any additional duties that may be stipulated by law.

• National Prosecution Service (NPS)

The NPS is the prosecution arm of the DOJ and is responsible for prosecuting criminal cases at the regional and local levels. It is organized into various units, including the following: 

• Office of the Prosecutor General

According to the Republic Act No. 10071, (2010), here are the main functions of the Office of the Prosecutor General:

• Aid the Secretary of Justice to exercise his or her judicial authority;

• When instructed to do so by the Secretary of Justice and as the public interest may require, conduct the initial investigation and prosecution of criminal proceedings involving national security, those for which task forces have been established, and criminal cases whose venues are transferred to prevent injustice;

• Serve as the Philippines' people's legal representative in every matter involving or resulting from a criminal complaint being looked into by one of its prosecutors and ongoing in any trial court;

• Investigate any allegations of administrative misconduct against prosecutors, other law enforcement officials, and individuals of their support staff;

• Provide legal advice on cases involving alleged violations of the Revised Penal Code and other special penal legislation; and

• Maintain an up-to-date record of the progress of each criminal case that is filed with the Office of the Prosecutor General. Use procedures and processes that will quicken the monitoring and resolution of cases.

 

• Regional Prosecution Service

According to Presidential Decree No. 1275, (1978), here are the main functions of The Regional State Prosecutor:

• Execute the Department of Justice's policies, plans, programs, memos, directives, circulars, laws, and regulations with regard to the investigation and prosecution of criminal offenses in his area.

• All provincial and local fiscals, as well as any other prosecutors in the provinces and cities that make up his region, shall be subject to direct administrative control.

• Pursue any incident that occurs in the area.

• Cooperate with regional offices of other departments, bureaus, and agencies within the Department of Justice, as well as regional local authorities and police forces.

• He must follow the following rules with regard to his regional office and the provincial and city fiscal offices in his area, he shall:

1. Select any necessary members of the subordinate officers and staff, and authorize any transfers of subordinate employees under the control of the regional office.

2. Conduct an investigation of administrative complaints against fiscals and other prosecuting officers in his area, and then present the Secretary of Justice with his recommendation. The Secretary of Justice will review it and then report the suitable recommendations to the Office of the President; provided, however, that in cases where he determines that there are insufficient grounds for the filing of charges, he may decide to dismiss them.

3. Review administrative complaints against regional subordinate employees, and then offer suggestions to the Secretary of Justice, who will have the final say.

4. Approve requests for benefits under Section 699 of the Revised Administrative Code, sick, vacation, and maternity leaves of absence with or without pay for a period not exceeding one year, overtime services, permission to practice their profession or conduct business outside of normal business hours, official travel within the region for periods not exceeding thirty days, and overtime services.

5. Develop and administer the region's budget for the Secretary of Justice's approval.

6. Discuss and come to an agreement for services or for the provision of materials, supplies, and equipment for a sum not to exceed P50,000.00 per quarter.

• Provincial/City Prosecution Service, among others (National Prosecution Service, n.d.).

• Be the provincial or municipal law enforcement official;

• Investigate any allegations of crimes, offenses, and contraventions of penal laws and ordinances within their particular jurisdictions, and/or cause such investigations to take place. The appropriate information or complaints should also be compiled and submitted against the accused.In conducting such investigations, he/she or any of his/her advisors shall obtain statements made under oath or take oral testimony from witnesses. For this purpose, he/she may summon witnesses to appear and testify before him/her under oath, and the attendance or testimony of an absent or uncooperative witness may be imposed by the implementation to any trial court; and

• Have control over the prosecution of all crimes, misdemeanors, and infractions of local or municipal laws in the province or city's courts and carry out all responsibilities related to the initiation of criminal actions there, with the provision of 5 Senior Deputy State Prosecutors, 5 Deputy State Prosecutors, 35 Senior Assistant State Prosecutors, 80 Assistant State Prosecutors; and 20 Prosecution Attorneys.

• Public Attorney's Office (PAO)

The PAO is a government agency that provides free legal assistance to indigent clients in criminal, civil, and administrative cases. Its functions include representing clients in court, conducting legal research, and providing legal advice to government agencies (Public Attorney's Office, n.d.).

The powers and functions of the PAO are to provide free legal representation, support, and counseling to low-income people in criminal, civil, labor, administrative, and other quasi-judicial situations; the PAO must act autonomously. PAO may be requested by proper government authorities to provide this service to other people in an emergency, according to any applicable laws, rules, and regulations. (RA 9406, 2007)

3. Courts

These are processes, agencies, or institutions that are responsible for adjudicating criminal cases and determining guilt or innocence. They refer to the procedures, agencies, or institutions in charge of deciding whether a defendant is guilty or innocent in criminal trials. Adjudication plays a vital role in the criminal justice system which is to help resolve disputes with the implementation of pre-existing rules.

The court pillar in the Philippines is composed of different agencies and bodies that work together to ensure the administration of justice in the country. The major agencies under the court pillar in the Philippines, are as follows:

• Supreme Court of the Philippines- It is the highest judicial body in the Philippines and is responsible for interpreting the Constitution and laws of the country. It has the power of judicial review, which means that it can declare laws and executive actions unconstitutional.

The Supreme Court alone has the authority to issue regulations governing the defense and enforcement of constitutional rights, the practice of law in all courts, entrance to the bar, the integrated bar, and the provision of legal aid to the poor. (CACJ. n.d.)

• Court of Appeals- It is an intermediate appellate court in the Philippines that hears and decides appeals from lower courts. It has jurisdiction over cases involving criminal, civil, and administrative matters.

According to CACJ (n.d.), The primary responsibility of the Court of Appeals is to exercise appellate jurisdiction over all matters that do not come under the original and sole jurisdiction of the Supreme Court.

• Regional Trial Courts- These are the main trial courts in the Philippines and have jurisdiction over cases involving criminal, civil, and special laws. There are 83 Regional Trial Courts in the country, with at least one in each province and major city.

The region that a branch of the Regional Trial Court has jurisdiction over must be specified by the Supreme Court. For purposes of defining the venue of all lawsuits, legal actions, or other procedures, whether civil or criminal, the territory thus described shall be regarded to be the territorial area of the branch in question. The authority conferred herein shall be used to facilitate easy access to the courts for residents of the various regions of the country and to reduce the cost of litigants' and witnesses' attendance. Batas Pambansang No. 129. (1981)

• Metropolitan Trial Courts- They are trial courts in the Philippines that have jurisdiction over cases involving criminal, civil, and special laws. They are located in major cities and municipalities in the country and handle less serious cases.

Metropolitan Trial Courts, whose territorial jurisdiction shall be co-extensive with the cities and municipalities forming the metropolitan area, shall be formed by the Supreme Court in any further metropolitan regions that may be established by law. Batas Pambansang No. 129. (1981).

• Municipal Trial Courts- They are trial courts in the Philippines that have jurisdiction over cases involving criminal, civil, and special laws. They are located in smaller cities and municipalities in the country and handle less serious cases.

Metropolitan Trial Courts, whose territorial jurisdiction shall be co-extensive with the cities and municipalities forming the metropolitan area, shall be formed by the Supreme Court in any further metropolitan regions that may be established by law. Batas Pambansang No. 129. (1981).

4. Correctional System

These are processes, agencies, or institutions that are responsible for the management of individuals who have been convicted of crimes. These would be the treatments, organizations, or institutions in charge of taking care of those who have been found guilty of crimes. Corrections facilities are designed for people who have been adjudged guilty of their offenses These institutions' main goal is to oversee convicts and lessen recidivism, more importantly, to ruminate their crimes and learn from it to be better people.

The correction pillar in the Philippines is responsible for managing offenders and providing rehabilitation and reintegration services to help them become law-abiding citizens. The major agencies under the correction pillar in the Philippines, are as follows:

• Bureau of Corrections (BUCOR)- The BUCOR  is the agency responsible for the custody and rehabilitation of national offenders. It operates seven prison facilities throughout the country and provides various programs and services to promote the rehabilitation and reintegration of offenders into society.

BuCor assures rehabilitation programs are granted access to the inmates for their physical, intellectual and spiritual growth. Also, BuCor's major objective is to aid in creating livelihood programs that will allow prisoners earn a living and advance their talents while incarcerated. (BuCor, n.d.)

• Bureau of Jail Management and Penology (BJMP)- The BJMP is the agency responsible for the management of city and municipal jails in the country. It provides various programs and services to promote the rehabilitation and reintegration of inmates into society.

According to (BJMP, n.d.), BJMP has dual responsibilities of Person Deprived of Liberty (PDL) development and safekeeping, BJMP is obliged to direct, supervise, and administer the management and operation of all district, city, and municipal jails countrywide.

• Parole and Probation Administration (PPA)- The PPA is the agency responsible for the supervision and rehabilitation of probationers and parolees in the country. It provides various programs and services to promote the rehabilitation and reintegration of probationers and parolees into society.

The Probation Administration was changed to the "Parole and Probation Administration" and handed the additional responsibility of overseeing inmates who, after completing a portion of their sentence in jail, are released on parole or are awarded a pardon with parole requirements. (EO 202, 1989)

• Juvenile Justice and Welfare Council (JJWC)- The JJWC is the agency responsible for the implementation of the juvenile justice and welfare system in the country. It provides various programs and services to promote the rehabilitation and reintegration of children in conflict with the law into society.

The execution of the Juvenile Justice and Welfare Act, as amended, is the responsibility of the Juvenile Justice and Welfare Council (JJWC), a regulation, coordinating, and monitoring organization. (JJWC, n.d.)

5. Community

It’s an important pillar of the criminal justice system in the Philippines. This involves engaging communities in crime prevention efforts and encouraging them to report crimes to the authorities. Community participation is one of the most important activities, this helps society to practice disclosing misdemeanors to the officials, and this will help decrease crimes. The importance of community participation in the criminal justice system is that the public will be aware to report offenses in order for the crimes not to be repeated and the community will be able to live in a peaceful environment that they can enjoy with their loved ones.

Some of the agencies that work as the community pillar in the Philippine Criminal Justice System are:

• Barangay Peace and Order Committees (BPOCs)- The BPOCs are community-based organizations that are responsible for maintaining peace and order at the barangay (village) level. They work closely with the police and other law enforcement agencies to prevent crime and promote public safety Every Barangay must set up a Peace and Order Committee to act as the Barangay equivalent of the City/Municipal Peace and Order Council. (EO No. 366, 1996)

• Commission on Human Rights (CHR)- The CHR is an independent government agency responsible for the promotion and protection of human rights in the Philippines. It investigates complaints of human rights violations and provides legal assistance to victims of human rights abuses. The Commission is tasked with conducting investigations into civil and political rights breaches against vulnerable and marginalized groups in society. (EO No. 163, 1987)

Review Questions:

What is the Criminal Justice System?

What is the Importance of Criminal Justice?

What are the types of Justice?

What are the Pros and Cons of each type of justice?

What are the 5 Pillars of the Justice System?

What are the agencies in charge of each 5 Pillars of the Justice System?

What are some of the powers and functions of the agencies in charge of every 5 pillars of the Justice System?