Katarungang Pambarangay's Role in Philippine Justice System, Slides of Law

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The Criminal Justice

System

DR. CESAR A. ARAO, Ll.B. Professor Source: Cirilio M. Tradio (2002) “Introduction to Criminal Justice Justice System: Philippines”

Concept of Criminal Justice

System

The Criminal Justice System is

the sum total of instrumentation

which a society uses the

prevention and control of crime

and juvenile delinquency.

The prevention and control of crime and

juvenile delinquency are not the sole task of the

government nor the agency of the criminal justice

alone. The major policy in achieving the objective

and ideals of the prevention and control of crime

and juvenile delinquency, require the coordination

of efforts and teamwork not only among the police,

prosecution, courts and correctional agencies but

the active participation of the community is

necessary.

Operation of Criminal Justice System:

The operation of CJS includes by not limited to:

1. Preventing the commission of crimes;
2. Enforcing the law;
3. Protecting life, individual rights and property;
4. Removing dangerous persons from the community;
5. Deterring people from indulging in criminal activities;
6. Investigating, apprehending, prosecuting and imposing penalty upon those cannot be deterred from violating the rules of society; and
7. Rehabilitating offenders and returning them to the community as law-abiding and useful citizens of the society.

According to Ulrich, “ In any organization, it is not the organizational chart, but men who do the WORK. ”

Thus, individuals, private groups and public entities, when performing related criminal justice activities, become part of the system. In other words, from the sovereign Filipino people who are the sources of the fundamental law and statutes of the land to the legislative branch, including other agencies of the government, all become parts of the system while in engaged in activities directly or indirectly related to the prevention and control of crime and juvenile delinquency.

The katarungang

pambarangay (Barangay court) Part 1

DR. CESAR A. ARAO, Ll.B. Professor Source: Cirilio M. Tradio (2002) “Introduction to Criminal Justice Justice System: Philippines”

The existence of the Katarungang Pambarangay “ Barangay Court” plays a very important role in the effective and efficient administration and operation of Philippine Criminal Justice System.

Section 1, Article II of the 1987 Constitution, particularly 2 nd^ sentence thereof provides that “Sovereignty resides in the People and all Government authority emanates from them” and R.A. 7160 known as the Local Government Code, particularly Section 399 to 422, provides that the “The authority of the Government emanates from the People. ”

Giving importance of “AUTHORITY”, the appropriate Barangay Chairman and/or Barangay Lupon Officials to amicably settle cases within their respective jurisdiction, would somehow help out party litigants the trouble in going to the court of justice, in terms of cost of litigation and labor hour in going to and from the procedural processes before the court of law, and at the same time easing out the delicate task of the regular court of justice in attending minor offenses punishable by imprisonment not exceeding one (1) year, or a fine not exceeding Five Thousand Pesos (5,000).--

Hence, Katarungang Pambarangay is the breakthrough in the administration of the PCJS. --