Criminal Justice System of the Philippines - 3958 Words

RESOURCE MATERIAL SERIES No. 53 THE ROLE AND FUNCTION OF THE PROSECUTION IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM Menrado Valle-Corpuz* INTRODUCTION The criminal justice system, essentially, is 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, provisions being made for their correction and rehabilitation. Prior to the advent of American sovereignty in the country, we had the Spanish law on criminal procedure. The Royal Decree of September 4, 1884, by virtue of which the Penal Code in force in the archipelago, as amended in accordance with the recommendations of the Code Committee, and its accompanying law—†¦show more content†¦Any person who—while in custody or otherwise deprived of liberty—is under investigation for the commission of an offense, has the following constitutional rights, among others: 1) He must be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel; 2) No torture, force, violence, threat, indimidation or any other means which vitiate the free will shall be used against him; secret detention places, solitary, in communicado or other similar forms of detention are prohibited; and 3) Any confession or admission obtained in violation of the foregoing shall be inadmissible in evidence against him. c. Refer the case and the suspects to the Office of the Public Prosecutor or Municipal Trial Court for preliminary investigation or directly to the Municipal Trial Court for trial and judgment. II. PROSECUTION PROCESS The investigation and prosecution of all cases involving violations of penal laws are lodged with the Department of Justice (DOJ) through its National Prosecution Service (NAPROSS). The DOJ is headed by the Secretary of Justice with three Undersecretaries assisting him. Aside from being the prosecution arm of the government, the DOJ shall have the following powers and functions: a. 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Hundreds of thousands of homeless people live on the streets as their shelter. Historically, homelessness has always been a problem in society. Homeless people were known as â€Å"the wondering poor†, â€Å"sturdy beggars†, and as â€Å"vagrants,† but it was not until the lateRead MoreHomelessness Thesis9057 Words   |  37 PagesHES Republic of the Philippines Pamantasan ng Lungsod ng Muntinlupa COLLEGE OF CRIMINAL JUSTICE NBP Reservation Poblacion, Muntinlupa City INTRODUCTION Homelessness is a critical issue that requires everyone’s attention. Hundreds of thousands of homeless people live on the streets as their shelter. Historically, homelessness has always been a problem in society. Homeless people were known as â€Å"the wondering poor†, â€Å"sturdy beggars†, and as â€Å"vagrants,† but it was not until theRead MoreA Study on the Effectivity of the Philippine Prison System10770 Words   |  44 PagesEFFECTIVITY OF THE PHILIPPINE PRISON SYSTEM ABELARDO ELEANDRO B. ALB IS, JR. 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On the otherRead MoreSocial Justice Society (Sjs), Petitioner, vs. Dangerous Drugs Board and Philippine Drug Enforcement Agency (Pdea), Respondents. Facts: in Its Petition for Prohibition Under Rule 65, Petitioner Social Justice Society (Sjs)1441 Words   |  6 PagesEN BAEN BANC [G.R. No. 157870, November 03, 2008] SOCIAL JUSTICE SOCIETY (SJS), PETITIONER, VS. DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), RESPONDENTS. Facts: In its Petition for Prohibition under Rule 65, petitioner Social Justice Society (SJS), a registered political party, seeks to prohibit the Dangerous Drugs Board (DDB) and the Philippine Drug Enforcement Agency (PDEA) from enforcing paragraphs (c), (d), (f), and (g) of Sec. 36 of RA 9165 on the ground that they areRead MoreJuvenile Justice in the Philippines3079 Words   |  13 PagesJUVENILE JUSTICE IN THE PHILIPPINES -   A PERSONAL EXPERIENCE (ABSTRACT) Marianne Murdoch-Verwijs, LLM (Free University, Amsterdam)    BACKGROUND ON JUVENILE CRIME AND THE LEGAL SITUATION IN THE PHILIPPINES IN THE EARLY 1990s    The problems of street children and juvenile delinquents are much related social problems. To survive in the street you almost have to become delinquent. 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