THE PROCESS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM|Five pillars

Summary

The Philippine Criminal Justice System (PCJS) is a structured process addressing law violations, involving five key components: police, prosecution, courts, correction, and community. It starts with a police complaint, followed by a prosecutor's preliminary investigation to determine probable cause. If warranted, the case proceeds to court for arrest warrants, inquest, and arraignment. The system allows for motions to quash and pre-trial conferences, focusing on a fair and efficient trial. Post-conviction, appeals, correction (institutional or non-institutional), and parole options are available, aiming to reintegrate reformed convicts into society.

Takeaways

• 🏛️ The Philippine Criminal Justice System (PCJS) is a social institution and process that addresses societal needs for law and order.
• 👮‍♂️ The police play a pivotal role as the initiators of the system, responsible for filing complaints when a crime is committed.
• 🔍 Prosecutors conduct preliminary investigations to determine probable cause, which is essential for the case to proceed.
• 📜 If probable cause is found, prosecutors file an information to the court, which then issues a warrant of arrest for the suspect.
• 🚨 Two types of arrests are mentioned: with a warrant and warrantless (citizen's arrest), applicable when the suspect is caught in the act.
• 👥 The inquest proceeding is conducted by the prosecutor to decide if the suspect should remain in custody and be charged.
• 📝 The accused may waive the right to preliminary investigation, leading to direct filing of charges by the prosecutor.
• 🗣️ During arraignment, the accused enters a plea and may file a motion to quash the complaint based on legal defects.
• 📋 Pre-trial conferences cover various matters, including evidence marking, witness identification, and potential defenses.
• 🏢 Institutional correction involves the Bureau of Corrections for those sentenced for over three years and the Bureau of Jail Management and Penology for shorter sentences.
• 🌐 Non-institutional or community-based correction allows for sentences served outside of traditional correctional facilities for less severe crimes.
• 🆓 Pardon and parole are options for those who have served their sentences, with parole granted after serving the minimum of an indeterminate sentence, indicating presumed reformation.

Q & A

What is the Philippine Criminal Justice System (PCJS)?

The Philippine Criminal Justice System (PCJS) is a social institution and a system that attempts to meet society's need for law and order by processing cases where criminal laws have been violated.

What are the five pillars of the Philippine Criminal Justice System?

The five pillars of the PCJS are the police, prosecution, judiciary, correction, and the community.

What is the role of the police in the PCJS?

The police act as the initiator or prime mover of the system, responsible for filing complaints into the prosecutor when a crime is committed.

What happens after a complaint is filed with the prosecutor?

The prosecutor conducts a preliminary investigation to determine if there is probable cause to proceed with the case.

What is the significance of a warrant of arrest in the PCJS?

A warrant of arrest is issued by the court to allow the police to arrest the suspect, which is a crucial step in the process following the prosecutor's filing of an information.

What are the two types of arrest mentioned in the script?

The two types of arrest are arrest with a warrant and warrantless arrest, which is applied when the suspect is caught in the act of committing the crime.

What is an inquest proceeding and why is it conducted?

An inquest proceeding is conducted by the prosecutor after the court has issued a warrant of arrest to determine whether the suspect should remain under custody and in remand.

What is the purpose of the arraignment in the PCJS?

The arraignment is a court proceeding where the accused is asked to enter a plea and may file a motion to quash the complaint based on defects in the complaint or information.

What is a pre-trial conference and what matters does it cover?

A pre-trial conference is a meeting under Rule 1 of the 198 Rules of Court to discuss matters such as evidence marking, waiver of objections, and other matters that promote a fair and expeditious trial.

What are the options for correction after a judgment of conviction?

After a judgment of conviction, options for correction include institutional correction, such as imprisonment, and non-institutional correction, such as community-based correction for those sentenced to less than three years.

What is the process for an accused to apply for pardon or parole?

An accused may apply for pardon, which is conditional or absolute and granted by the president, or for parole after serving at least the minimum of their indeterminate sentence, provided they are deemed reformed and fit for release.