TAGUIG CITY UNIVERSITY

PHILOSOPHY
Social Transformation for a Caring Community and an
Ecologically Balanced Country

UNIVERSITY VISION
An Eminent Center of Excellent Higher Education towards
Societal Advancement

UNIVERSITY MISSION
To Nurture a Vibrant Culture of Academic Wellness
Responsive to the Challenges of Technology and the Global
Community
 College Vision
In consonance with the university vision, the college
envisions to be a center of excellence in criminology
education by year 2035

College Mission
The College of Criminal Justice is committed to
produce highly capable graduates of criminal justice
education through continuous faculty and student
development program, extension, research, and
educational facilities improvement.
 
INTRODUCTION TO PHILIPPINE
CRIMINAL JUSTICE SYSTEM
Lesson 1. PRE-TEST ON HISTORICAL DEVELOPMENT AND PRINCIPLES OF
CRIMINAL JUSTICE
 
INSTRUCTION: Select the correct answer for each of the following questions. Mark
only one answer for each item by encircling the letter corresponding to the letter of your
choice.
 
1. In Criminal Justice system of U.S The three pillars are
a. Law Enforcement, Prosecution, correction
b. Law enforcement, Correction, Community
c. Law enforcement, court, Community
d. Law enforcement, court, correction
 
2. PNP is under what branch of Government.
a. Judiciaryc. Executive
b. Legislative d. DILG

3. Who is the head of Legislative branch of government?

a. Chief executive c. Chief justice
b. Speaker of the house d. Senate President
 4. Branch of Criminal justice system which is independent from any
branch of the government.
a. Law enforcement c. court e. correction
b. Prosecution d. community

5. Branch of Criminal justice system who have the power to control

or direct the case.
a. Law enforcement c. court e. correction
b. Prosecution d. community
 
6. The following are the stages in criminal justice system.
a. Law enforcement, prosecution, court, correction, community
b. Law enforcement, court, prosecution, correction, community
c. Arrest, charging, adjudication, sentencing, correction
d. Arrest, charging, sentencing, adjudication, correction
 
 7. Classification of criminal law which defines elements for an act to constitute a
crime.
a. Substantive c. inquisitorial
b. Procedural d. adversarial
 
8. Classification of criminal law which refers to statute that provides procedures
appropriate for the enforcement of substantive law.
a. Substantive c. inquisitorial
b. Procedural d. adversarial
 
9. The prosecutor is automatically considered an officer of the court at the same time,
he is formally a member of the Department of Justice however, and he is
independent from the judiciary. What branch of Government does the prosecutor
belong to?
a. Legislative c. Executive
b. Judiciary d. Congress
 
10. It is recognized as the First Codifier of Laws.
a. Code of Dracoc. Mosaic Code
b. Code of Hammurabi d. Code of Kalantiaw
Lesson 1. HISTORICAL DEVELOPMENT AND PRINCIPLES
OF CRIMINAL JUSTICE
 
The Early Codes
In the prehistoric times, there were no written laws to
regulate human conduct. However, men still found ways to
avenge themselves from harm and injury caused by another.
They designed their own system of justice according to what
they believed was right and fair based on their way of life,
beliefs and the norms of their times.
However, as civilizations continued to develop, so did their
laws and justice system. It was discovered that some ancient
civilizations already had written laws and a form of criminal
justice system during their time. Some of which are the
following:
1. Code of Hammurabi
The Code of Hammurabi is believed to
be the earliest written code of punishment,
and Hammurabi, the king of Babylon
during the eighteenth-century BC, is
recognized as the First Codifier of Laws. It
was believed that it was during his reign
that the code was created, thus, it was
renamed after him. This code which
carved in stone, provided the first
comprehensive view of the laws during his
time.
The provisions of the Code were
premised on the law of talion or the
principle of the “an eye for an eye” a tooth
for a tooth”. Under the principle of the lex
talionis or law of talion, tit for tat or the law
of equal retaliation, the punishment should
be the same as the harm inflicted on the
victim.
2. The Hittites

• The hittites existed about two

centuries after the reign of

Hammurabi and they eventually

conquered Babylon.

• The law of the Hittites may also

be characterized as brutal, just

like the Code of Hammurabi,

because they used death as

punishment for many offenses.

3. Deuteronomy or the Mosaic Code

• Is the fifth book in the Bible and it contains the basis of Jewish laws. It is

believed that it was made by Moses.

• These laws were in the form of a covenant between God and the people of

Israel, given to Moses on the mountains. They begin with the Ten

Commandments and go on to statutes and ordinances that God

commanded Moses to teach people.

• Collectively, the first five books of the Old Testament are what referred to as

the Law of Moses or the Mosaic Code, from the name of Moses.

• The first five books contain the Ten Commandments which are considered

the foundation of law systems throughout much of the Western World.

4. The Code of Draco

•The Code of Draco is considered to be

first written law of the Greek

civilization.

•621 BC, Draco appointed to codify the

laws

•This was codified by Draco, an

Athenian law giver who is considered

the first legislator of Athens, in the

seventh century BC

•This code is known for having severe

penalties.
5. The Code of Solon
• Solon, also an Athenian, was appointed
archon and was given legislative powers
during his time, he repealed almost all the
laws of the Code of Draco and created laws
that provided just punishments.
• Solo had a great impact in the history of
law-making that now the term “solon” is
used to refer to a member of Senate or
House of Representatives.

6. Rome’s Twelve Tables

Roman law began with the Twelve Tables which were written in the middle
of the sixth century BC. It was written in tables of bronze and it became the
foundation of all laws in Rome.
The Three (3) branches of
Government
The Philippines is a republic
with a presidential form of
government wherein power is
equally divided among its
three branches: executive,
legislative, and judicial.
1. Legislative
2. Executive
3. Judiciary
Legislative Branch

The Legislative Branch enacts legislation, confirms or rejects Presidential

appointments, and has the authority to declare war. This branch includes Congress
(the Senate and House of Representatives) and several agencies that provide support
services to Congress.

Senate – The Senate shall be composed of twenty-four Senators who shall be

elected at large by the qualified voters of the Philippines, as may be provided by law.

House of Representatives – The House of Representatives shall be composed of

not more than two hundred and fifty members, unless otherwise fixed by law, who
shall be elected from legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of registered national,
regional, and sectoral parties or organizations.
Executive Branch

The executive branch carries out and enforces laws. It includes the President, Vice

President, the Cabinet, executive departments, independent agencies, and other boards,

commissions, and committees.

Key roles of the executive branch include:

•President – The President leads the country. He/she is the head of state, leader of the

national government, and Commander in Chief of all armed forces of the Philippines. The

President serves a six-year term and cannot be re-elected.

•Vice President – The Vice President supports the President. If the President is unable to

serve, the Vice President becomes President. He/she serves a six-year term.

•The Cabinet – Cabinet members serve as advisors to the President. They include the Vice

President and the heads of executive departments. Cabinet members are nominated by

the President and must be confirmed by the Commission of Appointments.

Judicial Branch

The judicial branch interprets the meaning of laws, applies laws

to individual cases, and decides if laws violate the Constitution. The
judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle

actual controversies involving rights which are legally demandable
and enforceable, and 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 instrumentality of the Government.
What is Criminal Justice System?

1. Comprise all the means used to enforce those standards of conduct which
are deemed necessary to protect individuals and to maintain general
community well-being.

2. The sum total of instrumentation which a society uses in the prevention

and control of crime and delinquency.

3. The machinery of the state or government which enforces the rules of

conduct necessary to protect life and property and to maintain peace
and order.

4. Criminal Justice System is a tool or machinery used by the society to

prevent, control, and suppress the commission of the crime and provide
and maintain justice.
 The Philippine Criminal Justice System
Five Pillars Stages/Process Different
Nomenclatures

1. Law Enforcement Arrest Suspect

2. Prosecution Charging Respondent

3. Court Adjudication Accused

4. Corrections Sentencing Convict

5. Community Corrections Criminal

 Philippine Criminal Justice System Setting:
1. The Law Enforcement, particularly the
Philippine National Police (PNP) is under
the Department of the Interior and Local
Government (DILG); while the National
Bureau of Investigation is an agency
attached to the Department of Justice
(DOJ).
2. The Prosecution Service is under the DOJ,
while the OMBUDSMAN is a Constitutional
body independent from even the three
SETTING major and co-equal branches of the
government;
3. The Courts, meaning the regular civil courts, including
the SANDIGANBAYAN and Special Criminal Courts, are
under the Supervision and control of Supreme Courts.
Although, judges of the Municipal Trial Courts, Municipal
Circuit Trial Courts, at times are tasked to perform
executive functions when they are conducting
Preliminary Investigation which is primarily an Executive
function.

4. The Correctional Institutions are either under the DOJ

or DILG.
 The Bureau of Prison or the National Penitentiary
is under the DOJ;
 By virtue of RA 6975, the Bureau of Jail
Management and Penology (BJMP) is in charge
of the City or Municipal Jails while the Provincial
government is in charge of the Provincial jails.
Both are under the DILG.
Purposes or Goals of Criminal Justice System
1. Primary Goals
• Maintenance of peace and order
• Protect members of the society
2. Secondary Goals or Sub-Goals
• Prevention of crime
• The review of the legality of preventive and suppressive
measures.
• The judicial determination of guilt or innocence of those
apprehended.
• The proper disposition of those who have been legally found
guilty.
• The correction by socially approved means of the behavior of
those who violate the criminal law.
• The suppression of criminal conduct by apprehending offenders
for whom prevention is ineffective.
Three Pillars of the American Criminal Justice
System;
• Law Enforcement
• Courts
• Corrections
Criminal Law and the Criminal Justice System;
Basis of the Criminal Justice System
 Criminal Law is the basis that takes place in the
Criminal Justice System.
 Only violations of Criminal Law are being considered
and processed in the Criminal Justice System. Where
no violation of Criminal Law or where no commission
of the crime, in general, Criminal Justice as a process
will not operate.
Criminal Law
Branch of public which defines crimes, treats of
their nature, and provides for their punishment.
Two Classification of Criminal Law;
a. Substantive
• Defines the elements that are necessary for an
act to constitute as a crime and therefore
punishable.
b. Procedural
• Refers to a statute that provides procedures
appropriate for the enforcement of the
Substantive Criminal Law.
Two (2) Basic Principles of Criminal Law in the
Administration of the Criminal Justice System in
the Philippines;
1. First is the “presumption of innocence”. This
means that those who are accused of crimes are
considered innocent until proven guilty. The accused is
entitled to all the rights of the citizens until the
accused’s guilt has been determined by the court of
law or by the accused’s acknowledgment of his guilt
that he or she indeed committed the crime.
2. The second principle is “the burden of proof” which
in criminal cases means that the government must
prove beyond “reasonable doubt” that the suspect
committed the crime.
Concept of the Principle of the Presumption of
Innocence;
No less than the Constitution of the Philippines
provides that an accused shall be presumed innocent
until proven guilty.

Article III, Bill of Rights of the 1987 Philippine

Constitution, Section 14;
1. No person shall be held to answer for a criminal
offense without due process of law.
2. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved.
Concept of Proof beyond Reasonable Doubt
 In order to make sure that only those who are guilty of
the crime are punished, our Rules on Evidence
provides that the evidence, in order to be sufficient to
convict an accused for a criminal act, proof beyond
reasonable doubt is necessary. Unless his guilt is
shown beyond reasonable doubt, he is entitled to an
acquittal.

Meaning of Proof beyond Reasonable Doubt

 Proof beyond reasonable doubt does not mean such a
degree of proof as, excluding the possibility of error,
produces absolute certainty. Moral certainty is only
required, or that degree of proof which produces
conviction in an unprejudiced mind.
Criminal in Relation to Criminal Justice System
The criminal is the main character of the Criminal Justice
System.
Criminal may be defined in three different views:
1. In Criminological sense, a person may be considered
as a criminal from the time he or she committed the
crime regardless whether or not it has been reported
to the Police for investigation.
2. In legal sense, a person may be considered a criminal
only upon undergoing the judicial process and upon
determination by the Court that he or she is guilty
beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined
as one who has undergone the process and went
through all the pillars of the Criminal Justice System.
Four Elements of Justice in Order that Justice
may be Dispensed Absolutely:
1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law
violator.
Four Types of Mistakes that can happen when
Society Attempts to Administer Justice:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary
4. The guilty are punished less severely than necessary
 ACTIVITY OUTPUT
Competency Assessment No. 1
Name: Date:

Subject: Section:

1. Discus the concept of Philippine Criminal Justice System

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2. In your own understanding, Explain the Purposes or Goals of Criminal Justice System
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3. Discuss the Two Basic Principles of Criminal Law in
the Administration of the Criminal Justice System in the
Philippines
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(Use separate paper if necessary)