Functions of Pillars of the CJS in Philippines

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Function of each pillar of CJS; flow chart of the process of CJS in the Philippines

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THE FUNCTIONS OF

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Source: Gabao , R. G. (2017). Philippine Criminal Justice System (3rd Edition ed.). Quezon City, Philippines: ChapterHouse Publishing, Inc., p. 19.

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US CJS Law Enforcement Courts Corrections RP CJS Law Enforcement Prosecution Courts Corrections Community CJS – US vs RP SOURCE: Ibid., pp. 19-20

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Framework – CJS Circle COMMUNITY Law Enforcement Court Prosecution Corrections

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Victim – forgotten soul of CJS Suspect – superstar of CJS Police – prime mover of CJS Prosecutor – traffic cop of CJS & advocate for justice Judge – referee of CJS & dispenser of justice Jail Guard – guardian & dispenser of reformation Community – indispensable participant of CJS The Monikers of the CJS Characters

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Interaction: Pillars of CJS Provide information Provide witness protection, assist community Conduct investigation Arrest suspect Prepare case Work together towards speedy trial process Conduct investigation Establish probable cause File case in court Prosecute Determine and promulgate remedies/penalties Enforce sentence, provide restoration/mainstreaming of offenders, ensure protection of rights of offenders Provide support mechanisms for restoration and protection of rights of offenders Each Pillar plays a vital role: INDEPENDENT INTERCONNECTING OVERLAPPING SOURCE: Assessment of the Capacity of the Pillars of the Philippine Criminal Justice System . (2010). Retrieved January 28, 2018, from http://www.ombudsman.gov.ph/UNDP4/wp-content/uploads/2013/02/CJS-Cap-Assmnt-FINAL.pdf “If one of these pillars is dysfunctional, there will be miscarriage of justice.” – Judge Silvino T. Pampilo , Jr.

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SOURCE: Ibid.

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Offender COMMITS/OMITS an Act w/c produces damage, prejudice, injury, death, loss, to another person called the offended party OFFENDED PARTY Files Complaint/Sworn Statement Proper Barangay Forum Proper Police Substation SETTLED? YES NO OFFICE OF THE PUBLIC PROSECUTOR Preliminary investigation Dismissed./ Settled File Information APPEAL to the Regional State Prosecutor APPEAL to the Secretary of Justice FILE Motion to Suspend /Defer Arraignment with the Court, on the ground that an Appeal to the Secretary of Justice had been interposed; attach copy of the Appeal File Information MTC, MCTC, MTCC, MeTC SUMMARY RULES ORDER DISMISSED REGULAR RULES Issue WA Arraignment Guilty MTCs/RTCs Not Guilty Pre-Trial Settlement Trial Proper Serve Sentence Probation DECISION Motion for Reconsideration APPEAL Motion for Reconsideration CERTIORARI PROCESS OF CRIME: KP/Police-Prosecution-Court Source: Sec. 399-422, Chapter VII, Title I, Book III, & Sec. 515, Title I, Book IV, RA No. 7160. Source: PNP Legal Service. (2012, July). Katarungang Pambarangay . Retrieved January 29, 2018, from Legal Service: Panyerong Pulis @ Ur Serbis : http://www.ls.pnp.gov.ph/July%202012%20Legal%20Advisories.pdf Source: Rules 110, 112, 113, 116, 118, 119, 120, 122, 123, 124, 125, The Revised Rules of Criminal Procedure.

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Offended Party files Verbal or Written Complaint/Statement Punong Barangay SUMMONS Conciliation SETTLED? ALL DISPUTES Except: One party is the gov’t ., et. al ., One party is a public officer/ employee, & dispute refers to his official functions; Offense is punishable by Imprisonment>1 yr; of a fine> P5,000.00; Offenses where there is no Private offended party; Involving lands located in different cities/municipalities except when the parties agree; Parties residents of different, but not adjacent, barangays of Different municipalities/cities; Such other disputes which may be included by the President. YES NO Execution, By Lupon w/in 6 mos. fr. Settlement; thereafter, by the courts Constitution of the Pangkat Tagapayapa PANGKAT TAGAPAYAPA SUMMONS Hearing SETTLED? YES NO Repudiation CERTIFICATE TO FILE ACTION COURT OF PROPER JURISDICTION By Motion Proceedings undr KATARUNGANG PAMBARANGAY Source: Op. Cit., RA 7160

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L A W E N F O R C E M E N T A G E N C I E S They enforce the laws, and rules and regulations of the government in accordance with their defined functions, duties and responsibilities within their respective jurisdictions DEPARTMENT OF FINANCE National Customs Police Enforcement of customs & tariff laws DEPARTMENT OF FOREIGN AFFAIRS - BID Enforcement of laws related to its office DEPARTMENT OF JUSTICE Nat’l Bureau of Investigation DEPARTMENT OF INTERIOR & LOCAL GOVERNMENT Law Enforcement

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COMPLAINTS -directly filed -certified by brgy. -indorsed by PNP, NBI, etc. Public Prosecutor Regional State Pros. National State Pros. Ombudsman, for Sandiganbayan (acts/omissions of public Officer or employee) “Special Prosecutors” (RAC, Sec. 1686) (appointed to assist prosecutors) COMELEC Legal Officers (for criminal violations of election law) Raffle Investigating Prosecutor Issue Subpoena for Respondent to submit CA & supporting documents, No CA, etc. With CA, etc. RESOLTUION Recommend Dismissal Clarificatory Hearing Reverse Affirm City/Provincial Prosecutor/Chief State Prosecutor Prepare Information Yes Recommend Dismissal APPEAL to Sec. of Justice (for both dismissed & filed cases) Appeal to Reg’l . State Prosecutor (for dismissed cases) No Settlement? No Prima Facie Evidence? PRELIMINARY INVESTIGATION Source: Rule 112, Revised Rules of Criminal Procedure

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J U R I S D I C T I O N OFFENDED PARTY OFFENDER PLACE TIME ACT/S Damages/ Prejudice suffered EVIDENCE W A R R A N T O F A R R E S T D E T E N T I O N M I T T I M U S MTC SP Order INFORMATION MTC/RTC INFORMATION/ COMPLAINT Preliminary Investigation O F F E N S E Name, age, address, relationship, Name, age, address; Or, fictitious name, specific description/ distinguishing marks Specific or general, locality, inhabited, Dwelling, etc. Date, hour, day, night Single or series, verbal or physical, MENTAL, injuries, losses, Witnesses, documents, objects, corpus S W O R N S T A T E M E N T S C O M P L A I N T P R O S E C U T O R P U B L I C PROSECUTION OF OFFENSES Source: Rules 110, 112, 113, Revised Rules of Criminal Procedure

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Detained Information Filed At Large CRIMINAL CASES REGULAR RULES Issuance of Warrant Arraignment Not Guilty Guilty; Plea Bargaining, SETTLEMENT TRIAL PROPER DECISION; RESOLUTION; JUDGMENT RULES ON SUMMARY PROCEDURE Dismissal ORDER, 10 days for accused to submit CA & of his witnesses Arraignment & Trial Preliminary Conference Submission of Affidavits, Exhibits JUDGMENT Plea-Bargaining; Compromise Agreement Settlement; Compromise Agreement Clarificatory Hearing MUNICIPAL TRIAL COURT PROCEDURES Issuance of summons Personal; substituted; by publication Responsive Pleadings Default: Ex-parte presentation; Non-Suit: Dismissed Issues Joined: Summary Judgment Pre-Trial Source: Rule 123, Revised Rules of Criminal Procedure

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CRIMINAL CASES (SC Circular No. 38-98, Effective 15 Sept 1998) ARRAIGNMENT GUILTY; Plea Bargaining NOT GUILTY Promulgation; Sentencing Negative Defense Affirmative Defense Prosecution first to prove guilt of accused Accused first to prove such defense Issuance of Order for PRE-TRIAL PRE-TRIAL PRE-TRIAL AGREEMENT Plea-Bargaining; Stipulation of facts; Marking for identification of evidence; Waiver of objections to admissibility of evidence; and Such other matters as will promote a fair and expeditious trial MATTERS COVERED IN THE PRE-TRIAL All agreements or admissions made or entered into shall be reduced to writing and signed by the accused & counsel; subject to approval of the Court. TRIAL PROPER 30 days from receipt of PTO; Continuous trial on short term calendar; period shall not exceed 180 days, unless extension is authorized by Court Administrator Plea-Bargaining, lesser offense must be necessarily included in the offense charged. EXCEPT : When case is under Rules on Summary Procedure; penalty does not Exceed 6 mos , or fine of P1k or both Accused shall have 15 days preparation PRE-TRIAL Source: Rule 118, Revised Rules of Criminal Procedure

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Pub. PROS . presents all evidence on DIRECT EXAM . subject to objections from DEFENSE DEFENSE conducts CROSS EXAM on evidence presented PROS . rests its case with FORMAL OFFER OF EVIDENCE (copy being furnished to DEFENSE ) COURT – ruling on Exhibits Offered Demurrer to Evidence DEFENSE to submit its comments &/or opposition to FORMAL OFFER OF EVIDENCE DEFENSE presents all evidence on DIRECT EXAM . subject to objections from PROS . PROS . conducts CROSS EXAM on evidence presented DEFENSE . rests its case with FORMAL OFFER OF EVIDENCE (copy being furnished to PROS .) PROS . to submit its comments &/or opposition to FORMAL OFFER OF EVIDENCE COURT – ruling on Exhibits Offered DECISION TRIAL PROPER Source: Rule 119, Revised Rules of Criminal Procedure

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Appeals SUPREME COURT COURT OF APPEALS RTC MeTC , MTC, MCTC SHARI’AH APPELLATE COURT SHARI’AH DISTRICT COURTS SHARI’AH CIRCUIT COURTS SANDIGANBAYAN OMBUDSMAN (Prelim. Investn ) LUZON Designated Local Representatives VISAYAS Designated Local Representatives MINDANAO Designated Local Representatives Source: Rule 122, Revised Rules of Criminal Procedure

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