Mrs. Rowena E.

Mojares, RC
Faculty member
College of Criminology
Lyceum of the Philippines University
The First Pillar- Police or Law
Enforcement
• The first pillar of the Philippine Criminal Justice System
stands at the forefront and is the prime mover of the
justice system.
• The most visible representative of the government in the
society.
• The first line of defense against crime
Law Enforcement Pillar
 It is primarily responsible for the prevention and
control of crimes, enforcement of laws, and affecting
the arrest of offenders, including the conduct of lawful
searches and seizures to gather necessary evidence.
“Police”
 derived from the word “Politia”, meaning condition of
a state, government, and administration.

 POLITIA originated from the GREEK word

“POLITEIA” which means, government, citizenship or
the entire activity of a POLIS- a city.
“Police”
 the internal organization or regulation of a state, the
control and regulation of a community or state
through the exercise of the constitutional power of the
government.
“Police”
 it denotes that the power of the government which
concerns with the maintenance of tranquility, public
order, peace, security of persons and property, and the
protection of public health and morale.
“Police”
 refers exclusively to that body
of armed men which as an
institution, is capable of
exercising its duties by armed
physical forces in the
preservation and detection of
crime and the execution of
laws.
Primary agencies in charge of law
enforcement
 Philippine National
Police
 Headed by a director
general
 Under the Department
of Interior and Local
Government
The Philippine National Police
 Considered as the premier law enforcement agency in
the country
 Art XVI, Sec 6 of the 1987 constitution stated that: The
State shall establish and maintain one police force ,
which shall be national in scope and civilian in
character, to be administered and controlled by a
national police commission.
 The authority of local executives over the police units
in their jurisdiction shall be provided by law.
Mandate
 Republic Act 6975 as amended by RA 8551 and further
amended by RA 9708
Vision
 Imploring the aid of almighty, by 2030, the PNP shall
be a highly capable, effective and credible police
service working in partnership with a responsive
community towards the attainment of a safer place to
live, work, and do business.
Mission
 To enforce the law, to prevent and control crimes, to
maintain peace and order, and ensure public safety
and internal security with the action support of the
community
Core values
 Maka Diyos ( God-fearing)
 Makabayan (Nationalistic)
 Makatao (Humane)
 Makakalikasan (Environment-friendly)
Philosophy
 Service
 Honor
 And justice
Primary agencies in charge of law
enforcement
 National Bureau of
Investigation
 Headed by a director
 Under the Department
of Justice
Other agencies which enforce
special laws
 Bureau of Internal Revenue

 Land Transportation Office

 Bureau of Customs

 Food and Drug Administration

 Philippine Coastguard
Other agencies which enforce
special laws
 Philippine Aviation Security Command

 Marine Industry Authority

 Bureau of Fish and Aquatic Resources

 Air Transportation Office

 Bureau of Immigration and Deportation

Other agencies which enforce
special laws
 Economic Investigation and Intelligence Bureau

 Bureau of Food and Drugs

 Bureau of Production Standards

Law Enforceable in the
Philippines
 Act No. 3815 also known as the Revised Penal Code

 Special Laws passed by Congress

 Presidential Decrees
Police activities
 Prevention of Criminality

 Repression of Crime
 Criminal Investigation

 Apprehending Offenders

 Recovery of Stolen Property

 Regulation of Non-criminal Conduct

 Performance of Related Miscellaneous Service

Police Function According to
Charles D. Hale
 Crime prevention

 Criminal apprehension

 Order maintenance

 Public service

 Traffic regulation and motor accident investigation

Police Discretion
 it is the wise use of one’s own personal experience and
common sense to decide a particular situation.
PHILIPPINE POLICE SYSTEM
 primitively evolved from the practice of different tribes
to select able-bodied young men to protect their
villages, not from the
assault of criminals,
but from the
depredation of wild
animals which prey
on their crops and
livestock during the
night.
Headman
 He exercised his duty by
employing all the males
of the tribe as guardians
of his people and he
confined his choice among the able-bodied males only.
 A certain number detailed as watchmen were selected
by turns.
 Their main police duty consisted in seeing that the
regulations of the community were enforced.
13th Century
 an organized municipal department, distinct from
army, began to exist.
13th Century
 The development of town and city government called
for the creation and organization of a special body of
men with no other duty than the enforcement of the
laws within the city or town limit.

 So a certain fraction of the army was detached for this

purpose; but this arrangement was generally looked
upon as a form of subservience to the military
establishment.
19th Century
 The maintenance of law and order in the Philippines
up to the 19th century was looked upon by the Spanish
Government as part of the Military System for the
defense of the colony.
Carabineros De Seguridad Publica
 1712 – This was organized for the purpose of carrying out
the regulations of the department state.

 1781 – It was given by the Special Commission of the

government as custodian of the tobacco monopoly.
Carabineros De Seguridad Publica
 December 20, 1842 – by a Royal Decree it was organized
and called “Cuerpo De Carabineros De Seguridad
Publica” (Corps of Carabineers for the Public
Security). Hence, its duties became police- like and
more general, that is:
 The prosecution of law breakers and criminals;

 The maintenance of peace, order and security;

 And the vigilance of the execution of laws and

ordinances of a good government.
Guardrilleros
 body of Rural Police organized in each town and
established by the Royal Decree on January 8, 1836.

 5% of the able-bodied male inhabitants of each

province were to be enlisted in this police organization
for three (3) years.
Guardrilleros
 A province generally maintained this kind of police
force to the number of 80;

 but those provinces in the Visayas and also those

subject to Moro raids enlisted more, depending upon
the local manpower and the probability or proximity of
the danger arising from the constant incursions of the
Moro pirates.
Guardia Civil
Guardia Civil
 created by a Royal Decree issued by the crown on
February 12, 1852

 to partially relieve the Spanish Peninsular troops of

their work in policing towns.

 It consisted of a body of Filipino Policemen organized

originally in each of the Provincial Capitals of the
Central Province of Luzon under the alcalde
(Governor).
Guardia Civil
 This semi-military police institution was armed as the
Spanish Infantry, very martial in appearance because
of its bright and showy uniform and distinctively
prominent insignia, plus a rigidly maintained military
bearing.

 It gave the Spanish Colonial Government a

tremendous power to control and centralized police
administration, thus enabling the supreme head to
dictate the policies in maintaining peace and order.
American Occupation
 March 4, 1899 – the
Schurman Commission
offered to Gen. Emilio
Aguinaldo a plan of
government…
 November 30, 1900 – the Philippine Commission
recommended to the Secretary of War, the
organization of an Insular Police Force.

 July 18, 1901 – the Philippine Commission

passed/approved ACT 175 “An Act providing for the
Organization and government of an Insular
Constabulary”.
 July 30, 1901 – William
Howard Taft
inaugurated as the fist
Civil Governor of the
Philippines, there was
then much friction, even
if those early years
between the military and
civil authorities.
Gen. Henry Allen
 the first Chief of the Constabulary

 appointed by Gov. William Howard Taft.

 The archipelago divided into three (3) districts: a)

territory North of Manila b) South Manila and c)
Mindanao, Visayas and Sulu.
 July 31, 1901 – Manila Police Department was formally
organized by virtue of ACT No. 183 by the Philippine
Commission.

 August 7, 1901 – Actual Operation of Act No. 183

(MPD) pursuant to Act No. 175.
Captain George Curry
 U.S Army Officer, who
was appointed as the first
Chief of Police of MPD.
 Captain Antonio Torres – first Filipino MPD Chief

 October 3 1901 – the name Insular Constabulary was

changed to “Philippine Constabulary”. (Section 1, Act 255).

 By the technicalities of the law, the then Constabulary, was

the National Police Institution for preserving the peace,
keeping order and enforcing the law.

 its police nature was expressly and clearly stated in Section

1, of Act 175.
 December 14, 1901 – 2,500 enlisted personnel were
appointed in the Constabulary.

 In the early organization of Constabulary, together

with the Quartermaster and Medical, the Intelligence
Division was one of the first to be organized.

 By that time, General Allen, felt that the head must be

a native Filipino, efficient, must speak tagalog and
understand the characteristic of the Oriental.
Captain Rafael Crame
 the Superintendent of
Intelligence Division that
hundreds of landlords
surrendered with their
arms.
Commonwealth Government
in 1935:
 Philippine Constabulary
 the existing and organized national police force in the
country pursuant to COMMONWEALTH ACT NO. 343
dated June 23, 1938, serving under the Department of
Interior.

 The Local police was part of the municipal government

under the Department of Interior.
 When war broke in 1941,
members of the
Constabulary were
inducted into USAFFE
(United State Armed in
the Far East) under the
command of the late
Gen. Douglas
McArthur.
 In the reorganization of the AFP after the liberation in
1945 and the subsequent Philippine Independence, the
Constabulary became one of the major services
(Commands).

 By executive Order No. 389 dated 23 December 1950,

the Constabulary was again made a national police
agency.
Col. Lamberto T. Jalavera
 appointed by President Roxas as his first Filipino Chief
of Police for Manila.
RA 4864 (Police Act of 1966)
 An Act creating the Police Commission, amending and
revising the laws relating to the Local Police System
and for other purposes”.

 Approved Sept. 8, 1966

 This was the beginning of reformation and

professionalization of the police service.
RA 4864 (Police Act of 1966)
 the National Police Commission was created under the
Office of the President.
Martial Law Regime
 Sec. 12, Art. XV of 1973 Constitution - “The state
shall establish and maintain an Integrated National
Police whose organization, administration and
operation shall be provided by law.”

 PD 765 – “Providing for the constitution of the

Integrated National Police and for other purposes.”
(Promulgated on August 8, 1975)
Sec 1, PD 765
 Constitution of the Integrated National Police states
that, “shall be composed of the Philippine
Constabulary as the nucleus and the integrated police
forces as the components.
Sec 1, PD 765
 The head of the INP was
the Director General, who
at the same time, the
Chief of the Constabulary,
thereby the PC remained
and continued as a major
branch of service of the
AFP.
Post Edsa Revolution
 Sec. 6, Art. XVI of the 1987 Constitution reads as
follows:
 “The state shall establish and maintain one police
force, which shall be national in scope and civilian in
character, to be administered and controlled by a
National Police Commission. The authority of local
executives over the police units in their jurisdiction
shall be provided by law.”
RA 6975 (DILG Act of 1990)
 “An act establishing the PNP under the reorganized
Department of the Interior and Local Government and
for other purposes.”
Powers and functions of the PNP under RA 6975
 Enforce laws and ordinances relative to the protection
of lives and properties.

 Maintain peace and order and take all necessary steps

to ensure public safety.

 Investigate and prevent crimes, effect the arrest of

criminal offenders, bring offenders to justice and assist
in their prosecution.
Powers and functions of the PNP
under RA 6975
 Exercise the general powers to make arrest, search and
seizures in accordance with the constitution and
pertinent laws.

 Detained an arrested person for a period what is

prescribed by law, informing the person so detained of
his right under the constitution.

 Issue license for the possession of firearms and

explosives in accordance with law.
Powers and functions of the PNP
under RA 6975
 Supervise and control the training and operations of
security agencies and issue license to operate security
agencies, and to security guards and private detectives,
or the practice of their profession.

 Perform such other duties and exercise all other

functions as may be provided by law.
Composition of the PNP
 Police forces who were integrated in the INP under PD
No. 765

 Officers and enlisted personnel of the Philippine

Constabulary
Composition of the PNP
 Technical services of the AFP assigned with the PC
and civilian operatives of the CISC

 The regular operatives of the NAPOLCOM Inspection,

Investigation and Intelligence Branch
RA 8551
 The New Police Act of 1998

 Philippine National Police Reformation and

Reorganization Act of 1998
Police Discretion
 One of by law the most important powers vested to the
police officers.
 It is a an authority conferred by law to act in a certain
condition or situation in accordance with an official
agency ‘s own considered judgment and conscience.
(Pound, 1960)
 It is the wise use of one’s own judgment based on
experience and common sense to decide a particular
situation.
Criminal investigation
 It is the art of collecting and analyzing facts about
persons, things, and subject of a crime to identify the
perpetrator, to locate his whereabouts, and to gather
evidence for the establishment of his guilt in a
criminal proceeding
Criminal Apprehension or
Arrest
 It is defined as the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
 It is made by the actual restraint of a person to be
arrested, or by his submission to the custody of the
person making the arrest.
 No violence or unnecessary force shall be used
 The person to be arrested shall not be subjected to a
greater restraint than is necessary for his detention