Chapter II

Law Enforcement

What is Law Enforcement in relation to the CJS?

The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover”
of the Criminal Justice System. It is considered as “the initiator of the actions” that other pillars must act
upon to attain its goal or objective. Some authors would state that without the police initiating the
action, the system would be at a standstill.

Examples of law enforcement initiating action:

 Effecting an arrest
 surveillance
 crime investigation

What in general are the functions of the law enforcement in relation to the administration of CJS?
Explain each.

The following are the functions of the Law Enforcement, in general:

(a) To prevent criminal behavior.

prevention involves all the factors directed toward eliminating the of crimes.
(b) To reduce crime.
Crime reduction essentially means eliminating and reducing opportunities of criminal behavior.
(c) To apprehend and arrest offenders.
This function includes crime investigation and gathering of evidences that could withstand the
scrutiny of the court.
(d) To protect the life and property.
protecting life and property is essentially the purpose why the PNP was created.
(e) To regulate non-criminal conduct.
This involves the community service and the maintenance of order functions of the PNP.

The following are some of the law enforcement agencies in the Philippines:
 PNP- Philippine National Police
 NBI- National Bureau of Investigation
 PCG- Philippine Coast Guard
 PPA- Philippine Ports Authority
 AFP- Armed Forces of the Philippines
 AMLC- Anti- Money Laundering Council
 PDEA- Philippine Drug Enforcement Agency
 BI- Bureau of Immigration
 BoC- Bureau of Customs
 OMB- Optical Media Board
 IPOPHIL- Intellectual Property Office of the Philippines
  PAOCC- Presidential Anti-Organized Crime Commission
 PCTC- Philippine Center on Transnational Crime
 ATC- Anti-Terrorism Council
 NICA- National Intelligence Coordinating Agency
 BIR- Bureau of Internal Revenue
 OTS- Office of Transport Security
 MMDA- Metro Manila Development Authority
 SEC- Securities and Exchange Commission
 LTO- Land Transportation Office
 OSG- Office of the Solicitor General
 DOLE- Department of Labor and Employment
 BFP- Bureau of Fire Protection
 BJMP- Bureau of Jail Management and Penology
 POEA- Philippine Overseas Employment Administration
 NTC- National Telecommunication Commission
 CAAP- Civil Aviation Authority of the Philippines
 DOF- Department of Finance
 OMBUDSMAN- Office of the Ombudsman
 IACAT- Inter-Agency Council Against Trafficking

What are the premier law enforcement agencies in the Philippines tasked to enforce criminal law?

The following are some of the Law enforcement Agencies tasked to enforce Criminal Law:

1. The Philippine National Police.

2. The National Bureau of Investigation.
3. The Bureau of Internal Revenue in cases of tax evasion.

A. The Philippine National Police (PNP)

What government agency has the primary mandate to perform police functions under the
constitution?

Pursuant to the provision of the Constitution, the Congress of the Philippines is mandated to
“establish and maintain one police force, which shall be national in scope and civilian in character
, to be administered by the national police commission.” Congress in compliance to this mandate
enacted R.A. 6975 establishing the Philippine National Police.

How did the PNP come about?

The PNP come about through a legislative act by Congress pursuant to the Constitutional
mandate to establish one Police force throughout the Philippines.
What law or act of congress caused the establishment of the PNP?

The PNP was established by the enactment of R.A. 6975 otherwise known as the DILG Act of
1990, reorganizing the Department of Interior and Local Government.

. When was it established?

It was established on January of 1991, the date of its effectivity

Has there been a reorganization of the PNP?

Yes, there has been a reorganization of the PNP by virtue of the enactment of R.A. 8551 on
February 28, 1998 entitled, “THE PHILIPPINE NATIONAL POLICE REFORM ACT OF 1998.”

Under this law, the PNP shall be a community and service oriented agency responsible for the
maintenance of peace and public safety.

In reorganizing the PNP, what criteria were followed by the National Police Commission
(NAPOLCOM) in its implementation?

Subject to the limitations provided by this Act the reorganization must be based on the
following criteria:

(a) Increased visibility through dispersal of the personnel from the headquarters to the offices.
(b) Efficient and optimized delivery of police services to the community.

B. Powers and Functions of the PNP under R.A. 6975

What are the powers and functions of PNP?
The ff. are the powers and functions of PNP:
(a) Enforce all laws and ordinances;
(b) Maintain peace and order and ensure public safety;
(c) Investigate and prevent crimes;
(d) Exercise the general powers to make arrest, search and seizure;
(e) Detain an arrested person for a period not beyond what is prescribed by law;
(f) Issue licenses;
(g) Supervise and control the training and operations of security agencies;and
(h) Perform such other duties and exercise all other functions as may be provided by law.

Basically, the powers enumerated under R.A. 6975 can be general categorized into four,
what are they?
They are the following:
1. Order Maintenance
2. Community Service
3. Law Enforcement
 4. Neighborhood Policing/Team Policing/Community Policing

The explanation of each category.

1. Order Maintenance
James Q. Wilson defined order as the absence of disorder, which means behavior that
tends to disrupt the peace and tranquility of the public or that involves serious face-to-
face conflict between two or more persons. The police are charged with maintaining
order, particularly in areas in which crime might erupt.

According to Wilson, the maintenance of order more than the problem of law
enforcement, is central to policeman’s role for several reasons;
First, many police department receive more calls for help in maintaining order than
enforcing the law. Second, maintaining order may subject the police and others to
physical charge. Third, the police exercise substantial discretion over matters of greatest
importance in order maintenance. As a result, according to Kelling, increased attention
to order maintenance improves the relationship between the police and the
community.

2. Community- Service Function

Performing community service takes away police time that might otherwise be spent in
law enforcement. But the performance of certain community services by the police
might deter criminal activity as well as improve the public’s image of the police.
Officers give lectures on crime prevention, educating women on the prevention of
rape, visiting with school to educate them in crime prevention. Police are dependent
on the cooperation of the citizens.

3. Law Enforcement
Law enforcement is the third major area of police functions. We not only empower
the police to enforce the law, but we expect that they will do so. The law enforcement
function of policing cannot be understood adequately except in the context of the
legal requirements that must be observed by police officers performing this aspect of
policing.

4. Neighborhood Team Policing

Conceptually, neighborhood team policing represents an attempt to integrate the
police and the community interests into a working relationship so as to produce the
desired objectives of peacekeeping in the community. Furthermore, it is a departure
from a paramilitary type of organization, because every member of the team is a
generalist and sometimes a specialist and the decision-making is decentralized.

C. Crime Detection
What is crime detection in relation to the administration of the CJS?
 Through crime detection, the police are typically the first component of the justice system
to deal with the commission of the crime.

How is crime detected?

(a) The most typical way that crimes come to the attention of the police is for the victim to
report its occurrence to the police.
(b) A less typical way for the police to be advised of the crime is through the reporting of
someone who has witnessed its commission or has come upon evidence indicating that
acrime has been committed.
(c) The police themselves, through their proactive routine operations discover that a crime has
been committed or witnessed its commission.

What is a buy-bust operation?

“Buy-bust operation” is also known in legal and police parlance as a form of entrapment.
This simply means that ways and means are resorted to by the police officers in order to
catch a law violator as distinguished from “instigation” wherein the police basically induced
the person into committing a crime. In entrapment, the person caught by the police is
criminally liable for the crime committed; while in instigation, the person induced is not
criminally liable but the police officer who induced the; latter may be held criminally, civilly
and administratively liable.

Explain the concept of crime control functions and “Rationing” in the law enforcement pillar.
Crime control functions in law enforcement is almost intertwined with the “rationing
concept” in the enforcement of criminal law. One study in the US would explain: “The
empire of crime is too large and diverse to be attacked on all fronts simultaneously.” The
law enforcement therefore has to set priority on what law to enforce, when to enforce, to
whom and on what occasions. Rationing refers to when the police selectively enforces
criminal law for various reasons. In short, the concept of crime control is influenced by the
rationing concept that the police administrations are adopting.

D. Arrest and Search Warrant

Define arrest.
Arrest refers to the taking of the person into custody in order that he be made to answer
for the commission of the crime.

What is the importance of arrest in the administration of CJS?

Arrest is important in the administration of Criminal Justice System because if the accused is
not arrested, the court will not acquire jurisdiction over his person unless the person
voluntarily surrenders himself to the authorities.

Define probable cause in effecting arrest.

Probable cause with respect to arrest is such fact and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense ha been committed by the
person sought to be arrested.
Define search warrant.
A search warrant is an order in writing issued in the name of the people of the Philippines
signed by the judge and directed to the peace officer, commanding him to search for personal
property and bring it before the court.

What are the requisites for the issuance of a search warrant?

A search warrant shall be issued only (a) upon probable cause (b) in connection with one
specific offense (c) to be determined personally by the judge (d) after examination under oath
or affirmation of the complainant and the witnesses he may produce, and (e) particularly
describing the place to be searched and the thing to be seized.

What are the personal properties to be seized?

The following are the properties to be seized:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, fruits of the offense;
(c) Use or intended to be used as the means of the commission of the offense.

What are the duties of arresting officers executing either a warrantless arrest or arrest
with warrant?
(a) To arrest the accused without necessary delay and to deliver him to the nearest
police station or jail;
(b) The officer shall inform the person to be arrested and of the fact that a warrant has
been issued for his arrest, except when he flees or forcibly resists before the officer
has the opportunity to so inform him or when the giving of such information will
imperil the arrest. The officer need not have the warrant in his possession at the time
of the arrest , but after the arrest, if the person arrested so requires, the warrant
shall be shown to him as soon as possible.
(c) To inform the person arrested about his rights under the Constitution and for the
police to observe the mandate of RA 7438.

What is the general rule in effecting search and seizure?

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a
validly issued search warrant.
The reason:
(a) For the protection of the searcher not to be charged of a crim e of theft, robbery
and the like;
(b) And for any civil and administrative liabilities.

What is the exception?

Unlike the warrant of arrest, the rule as well as lines of jurisprudence has provided for a
number of exceptions to the general rule on search warrant, to wit;

(a) Warrantless search incidental to a lawful arrest under Sec. 12 Rule 128 of the Rule
of Court;
 (b) Seizure of evidence in plain view;
(c) Search of a moving vehicle;
(d) Consented warrantless search;
(e) Customs search;
(f) Stop and frisk search; and
(g) Exigent and emergency circumstances.

What is the reason for the limitation in the exercise of these powers by the police?
The reason for the limitation is provided by the Constitution.

E. Patrol

What is the importance of police patrol in the administration of the CJS?

Patrol is the only police function that is directly responsible for crime prevention. Crime
prevention is one of the main goals of the criminal justice system.

What is the purpose of patrol?

The main purpose of patrol is to provide police visibility. By providing police visibility, the patrol
officer creates a basic street psychological effect, that is:

1. It creates a feeling of fear to the would-be offender; and

2. A feeling of security and safety to the law abiding citizen.

F. Criminal Investigation
What is the importance of criminal investigation in the administration of CJS?
Criminal Investigation is important in the administration of the CJS because one of the
purposes of criminal investigation is to gather and preserve evidence that will justify their
enforcement action in the particular case as well as enable the fact finding process of the courts
and the prosecution of the case successfully and obtain conviction.

Define Criminal Investigation

Criminal Investigation is an art, which deals with the evidence of his guilt in criminal findings.

G. Crime Prevention
Crime Prevention is simply defined as the elimination or reduction of the desire and/or
opportunity to commit a crime. However, crime prevention function is being ignored by police
officers because this will not reflect as hard data in their individual performance.
H. Police Image in the Administration of the CJS
Why must the police enhance its public image?
It is important for the police to enhance their image so that full cooperation of the community
is attained. It is a fact that the concerns about crime are not solely a police concern. It is also a
community concern. Therefore, there must be a police-community partnership in tackling the
issues about crime prevention and law enforcement.
 A community that is disorganized or chaotic is the breeding ground of delinquent behavior
and of criminal activities. This is described as the “Broken Window” theory by Wilson and
Kelling.

What must the police do in order to enhance public image?

The following are some of the activities that the police must perform in order to enhance their
image:
(a) Increased police visibility through the dispersal of personnel from the headquarters to the
field offices;
(b) Efficient and optimized delivery of police services to the communities;
(c) Constant dialogue and meetings with the barangay officials in their respective territorial
jurisdictions;
(d) Community service oriented policing by conducting seminars for the traffic aides, police
aides and the barangay tanod;
(e) Coordination with the media for image enhancing projects.

I. Police Discretion in relation to the Administration of the CJS

What is police discretion?
As defined by Kenneth Culp Davis, discretion means the freedom to make a choice among
possible courses of action.
It is also defined as the police officer’s wise use of wisdom based on his knowledge, education,
training, skill under the given situations or conditions. Discretion is observance not of formal or
established rules but of informal one.

Discretion is observance not or formal or established rules but of informal one.

By the very nature of their work, police officers normality make critical decisions involving the
life, liberty, honor and property of citizens. And these require discretion on their part.
Thus, the saying: “Damn if you shoot; dead if you don’t.” Such is the importance of exercise of
discretion. The police officer and the police organization will be condemned for exercising or
using police brutality or excessive use of force or for hesitating to use the same, it might result
to the police officer’s negligence of duties, physical incapacitation or serious injuries or even
death.

Enumerate some examples of police discretion.

The following are some of the examples of Police discretion:
(a) Whether or not to enforce a specific law ( This is referred to as Selective Enforcement).
(b) Whether or not to investigate.
(c) Whether or not to conduct search of people or building.
(d) Whether or not to effect an arrest.
(e) To determine what charges are to be field.