5 pillars
THE LAW ENFORCEMENT:
To this group belong policemen, National Bureau of Investigation agents,
Philippine Drugs Enforcement Agency agents, the Military, Bureau of Customs
police, Bureau of Immigration officers, Bureau of Internal Revenue examiners,
Commission on Audit auditors, Ombudsman fact-finding investigators,
Commission on Human Rights investigators, Land Transportation Office and
Traffic enforcers, etc.
They enforce the law by ensuring compliance therewith, conduct investigations to
uncover commissions of crimes and violations of laws, file criminal cases before
the prosecutor’s (fiscal’s) office (if the offender is not a government
employee/official) or the Office of the Ombudsman (if the offender is a
government employee/official), and testify in court if a criminal charge is lodged
in Court by the prosecutor’s office or the Office of the Ombudsman.
HE PROSECUTION:
To this group belong the City, Provincial and Regional State Prosecutors of the
Department of Justice, and the investigators and prosecutors of the Office of the
Ombudsman.
They conduct preliminary investigations (if the respondent was not caught in the
act of committing the crime) or inquest proceedings (if the respondent was
caught in the act of committing the crime) to determine whether or not there is
probable cause (reasonable ground) to prosecute the respondent in court. If they
found probable cause, they lodge a criminal charge against the respondent
before the court. Otherwise, they dismiss the case.
Once the criminal case is filed in court, the court issues a warrant of arrest
against the accused (if he was not caught in the act of committing the crime) or
commitment order (if the accused was caught in the act of committing the crime
and he has not yet posted bail or the offense is non-bailable because the crime is
punishable by life imprisonment, reclusion perpetua or death).
The prosecutor ([fiscal] from the DOJ for crimes committed by non-government
people, or from the Ombudsman for crimes committed by government people,
although the fiscals can prosecute criminal cases against government people
under the continuing authority of the Office of the Ombudsman) now stands as
the lawyer for the State (People of the Philippines) and prosecute the case. The
victim, the law enforcer (who investigated the crime) and other witnesses will now
testify in court. The defense counsel will defend the accused. After the trial, the
court will now decide whether or not the accused is guilty. If he is, then he shall
be penalized (fine, or imprisonment, or both). If he is not, he shall be acquitted
(set free).
THE COURTS:
To this group belongs the Municipal Trial Courts (for crimes punishable by
imprisonment not exceeding six (6) years), the Shari’a Circuit Courts in the
ARMM (for criminal violations of the Muslim Code), the Regional Trial Courts (for
crimes punishable by imprisonment of more than six years, and appeals from the
decisions of the Municipal Trial Courts), the Sandiganbayan (for crimes
committed by government officials with salary grade 27 and above regardless of
the penalty prescribed for the offense charged, and appeals from the decisions of
the Regional Trial Court in criminal cases against government employees below
salary grade 27), the Court of Appeals (for appeals from the decisions of the
Regional Trial Courts in criminal cases against non-government people), and the
Supreme Court (for appeals from the decisions of the Court of Appeals,
Sandiganbayan and automatic review of decisions of the Regional Trial Courts
and the Sandiganbayan where the penalty imposed is reclusion perpetua or
death).
CORRECTIONS:
To this group belong the various Jails (Municipal, City and Provincial Jails), the
Bureau of Corrections (in Muntinlupa) and other correctional facilities. While the
criminal case is pending in court, the accused shall be detained at the Municipal,
City or Provincial Jail unless he posts a bail bond for his provisional liberty and if
the offense is bailable. After conviction, the convict will be sent to the Bureau of
Corrections to serve his sentence.
Our criminal justice being also a corrective one, the correction officials are
mandated to see to it that the convict is reformed and is able to re-integrate
himself into the community after serving his sentence.
THE COMMUNITY:
The Filipino community produces our law enforcers (policemen, traffic enforcers,
NBI agents, PDEA agents, COA auditors, Ombudsman fact-finding investigators,
etc.); prosecutors (DOJ and Ombudsman prosecutors/investigators); judges
(Municipal Trial Courts, Regional Trial Courts and Sharia Courts); justices
(Sandiganbayan, Court of Tax Appeals and the Supreme Court); and correction
officials and personnel (municipal jails, provincial jails, city jails, the Bureau of
Corrections [Muntinlupa] and other correctional facilities).
A rotten community will always produce rotten law enforcers, prosecutors,
judges, justices and correction officials. The spring cannot rise above its source.
Members of the community are also the victims of crimes, direct or indirect. They
are also the beneficiaries of an efficient and effective criminal justice system in
the form of a peaceful and fear-free environment.
The community is also the greatest source of information about the commission
of a crime. It is from the community that most witnesses come, including victims
and whistleblowers.
Most crimes against property (theft, robbery, etc.) are dismissed because the
victim does not testify in court, especially when the stolen property is recovered.
Hence, thieves and robbers are set free, free again to steal and rob!
