Flashcards in PCJS Deck (108)
is a person convicted of a crime by a final judgment.
is an act or omission punishable by law, forbidding or commanding it.
means giving what is due to a person.
Machinery for prevention and control of crime.
Totality of the activities of law enforcement, prosecution, court, correction and community in crime prevention and control.
“the process in a community by which a crime is investigated, and the person(s) suspected for the commission thereof is/are taken into legal custody for prosecution in court and for punishment, if found guilty, with provisions being made for the correction and/or rehabilitation of the offender(s) to ensure renewed assimilation into mainstream society after service of sentence”.
is the mechanism which the society uses in the prevention and control of crime. It consists of the system of courts, including the barangay justice system, the informal justice system implemented through practice particularly by indigenous communities, and the quasi-judicial bodies empowered by law to perform adjudicatory functions; the systems for law enforcement and prosecution which involve investigating, apprehending and prosecuting those who could not be deterred from violating the law and the rules of the society; the system of corrections and rehabilitation or the means of rehabilitating offenders and returning them to the community as law-abiding citizens; and the community which collectively imposes limitations on individual behavior of citizens for the common good of civilized and democratic society that deters criminality and criminal behavior.
CRIMINAL JUSTICE SYSTEM (CJS)
the system or process in the community by which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in court and punished if found guilty, with provision being made for their correction and rehabilitation.”
The Supreme Court has provided a definition of the criminal justice system which has been used as a working definition in this further study on the five pillars of the criminal justice system. The Supreme Court defines the criminal justice system as: “. . .
5 pillars of Criminal Justice System
Different Law Enforcement Activities
Prevention of crime
•Repression/suppression of crime
•Apprehension of offenders
•Conduct search and seizure
•Investigation of crime; and
•Protection of lives and property.
An order in writing
•Issued in the name of the People of the Philippines
•Signed by a judge; and
•Directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.
Warrant of Arrest
Requisites of warrant of arrest
Issued upon probable cause;
•The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and
•Particularly describing the person to be arrested.
is the existence of such facts and circumstances that would lead a reasonably discreet and prudent person to believe that an offense has been committed by the person sought to be arrested.
*Probable cause for the issuance of a warrant of arrest
Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within (*) days from its receipt. Within (**) days after the expiration of the period, the officer to whom it was assigned for execution shall make a (***) to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the (****) therefor.
*ten (10) **
Time of making arrest. — An arrest may be made on any day and at any time of the *
*day or night.
Valid Warrantless Arrest
•When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
• When an offense has just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested committed it; and (**)
•When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. ***
*(flagrante delicto arrest)
*Hot pursuit arrest
***(This is known as fugitive of justice or escapees)
An order in writing
•Issued in the name of the People of the Philippines
•Signed by a judge
•Directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
The requisites of a valid search warrant are the following
•It shall be issued upon probable cause;
•The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant/applicant and the witnesses he may produce; and
•Particularly describing the things and place to be searched
Time of making search. — The warrant must direct that it be served in the * time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the **
**day or night.
Validity of search warrant. — A search warrant shall be valid for * days from its date. Thereafter it shall be void.
Valid Warrantless Search
1. Warrantless search incidental to a lawful arrest recognized under Section 12 [now Section 13], Rule 126g of the Rules of Court and by prevailing jurisprudence;
2. Seizure of evidence in "plain view," the elements of which are:
(a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties;
(b) the evidence was inadvertently discovered by the police who had the right to be where they are;
(c) the evidence must be immediately apparent[;] and;
(d) "plain view" justified mere seizure of evidence without further search.
3. Search of a moving vehicle. Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk; and
7. Exigent and Emergency Circumstances.
Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.
Requisites of custodial investigation
The questions being asked are no longer general inquiry; and
•The person being questioned is considered as a suspect in the crime committed.
What are the rights of persons under custodial investigation?
•Right to remain silent;
•Right to have a competent and independent counsel preferably of his own choice;
•Right to waive any of these rights provided:
• It is done voluntarily;
•In the presence of a competent and independent counsel; and
•Right against torture, force, intimidation, and the like. (Right to be examined by a doctor preferably of his own choice)
PNP and Other Law Enforcement Agencies
DOJ THRU THE PROSECUTORS’ OFFICES
Institution of criminal action
•For offenses where a * is required, by filing the complaint with the prosecutor’s office.
•For all other offenses, by filing the ** directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.
Note: In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.
**complaint or information
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
•Intended to * against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of crime.
•Intended to ** from useless and expensive trial.
*secure the innocent
**protect the State