NTRODUCTION:

Criminal Justice System is the machinery used by the society to prevent and control crime. It is a
tool of a Democratic Government to protect the society against criminality and other peace and order
problem.

In theory, Criminal Justice System is an integrated apparatus that is concerned with the following;
apprehension, prosecution, trial, conviction, and rehabilitating or correcting criminal offenders.

The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges
and correctional institutions, as well as those of mobilized community in crime prevention and control.

Basically, the Criminal Justice System in the American context is initially made up of three key
components –the police, the court and the corrections.

Criminal Justice System in the Philippines was expanded to achieve its objectives –prevention and
control of crimes.

Definition of terms

Crime

It is an act or omission punishable by law.

Act

Any bodily movement tending to produce some effect.

Omission

It refers to the failure to perform a specified act.

Criminal Law

A branch of law that defines crimes, treats of their nature and provides for their punishment.

Types of Crime

1.Felony

Any act punishable by the Revised Penal Code of the Philippines.

2.OffenseAny act punishable by Special Penal Laws.

3.Misdemeanoror Delinquency

Any act which is in violation of simple rules and regulations. Features of Criminal
Law1.PoliticalityLawsare constructed by political authorities.

2.SpecificityPrécisedin stating what must be done.

3.UniformityEqualto all persons.

4.Penal Sanction
Provides punishment.

Characteristics of Criminal Law

1.GeneralityPenallaw is binding to all persons sojourning in the Philippines.

2.TerritorialityPenallaw is applicable to all the crimes committed within the Philippine territory.

3.ProspectivityPenallaw cannot be applied retroactively. Penal law cannot make an act punishable in a
manner in which it was not punishable when committed.

Criminal

A person convicted by a competent court in violation of the criminal law.

A person can be considered a criminal under the following circumstances:

1.He must have committed a crime.

2.He must have been apprehended and investigated by the police.

3.By virtue of sufficient physical evidence and testimonies of witnesses, he must have been arrested.

4.Due to the presence of prima facie evidence, the case was remanded to the court by the prosecutor
for trial.

5.There was arraignment.

6.There was trial.

7.The offender was found guilty.

8.A sentence was rendered by the court.

9.The convict was confined in prison.

10.The convict has fully served his sentence in prison.

Suspect

It refers to a person who allegedly committed a crime. It is a term used to refer to a person who is
undergoing criminal investigation.

Accused

A person who was formally charged in court for the commission of an offense.

Victim

Forgotten person in the Criminal Justice System.

Justice

It connotes equality in the application of laws. According to the Supreme Court of the Philippines,
justice is symbolically represented by a blindfolded woman, holding with one hand a sword and with
the other, a balance, meaning thereby that it is administered without respect to persons, equally to
the poor and the rich.

System

It refers to the orderly combination or arrangement, as of parts or elements, into a whole; specifically,
such combination according to some rational principle; any methodical arrangement of parts.

Criminal Justice System

A Machinery

used by the government to prevent and control crimes.

Goals of CJS

1.Prevention of crime.

2.Protect members of society against crime.

3.Maintain peace and order.

4.Suppression of criminality.

5.Review the legality of existing rules and regulations.

6.Rehabilitation and reformation of offenders

LAW ENFORCEMENT

It is considered as the prime mover of the Criminal Justice System. Law enforcement is a deterrent and
preventive activity.

It consists of patrolling to supervise conduct, investigating to identify offenders and/or recover stolen or
missing property, warning or arresting those who are probably guilty of criminal behavior, and assisting
in the prosecution and trial of offenders. Its goals are aimed towards the prevention and disorder,
preservation of peace, and the protection of life, properties and individual freedom.

The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law Enforcement is
a deterrent and preventive activity. It consists of patrolling to supervise conduct, investigating to
identify offenders and or recover stolen or missing property, warning or arresting those who are
probably guilty of criminal behavior, and assisting in the prosecution and trial of offenders. Its goals
are aimed towards the prevention of crime and disorder, preservation of peace, and the protection of
life, properties and individual freedom.

A large number of government agencies are involved in law enforcement one way or another. The kind
and degree of involvement vary from general and specific law enforcement to enforcing standards and
regulation pertaining to particular government activities.

In the Philippines, the law enforcement function is spearheaded by the Philippine National Police
(PNP), the Department of the Interior and Local Government (DILG), and the National Bureau of
Investigation (NBI) under the Department of Justice (DOJ).
In addition to these government offices, there are other agencies tasked with enforcing special laws.
Among these are:

1.Police Anti-Crime Emergency Response Team –(PACER)

2.Bureau of Internal Revenue (BIR)

3.Land Transportation Office (LTO)

4.Bureau of Customs (BOC)

5.Bureau of Immigration (BOI)

6.Economic and Intelligence and Investigation Bureau (EIIB)

7.Food and Drug Administration (FDA)

8.Philippine Coast Guard (PCG)

9.Marine Industry Authority (MARINA)

10.Bureau of Forest Development

11.Department of Agriculture (DA) -BFAR, BPI, etc.

12.Air Transportation Office (ATO)

13.National Telecommunications Commission (NTC)

14.Bureau of Product Standards (BPS) HISTORY OF POLICE FORCES

Introduction

Police is the agency of a community or government that is responsible for maintaining public order and
preventing and detecting crime. The basic police mission —preserving order by enforcing rules of
conduct or laws —was the same in ancient societies as it is today in sophisticated urban communities.

The term police originated from the Greek word “politeia”, which means government of a city. The
term was used to describe the group of civil officers governing the city and not necessarily the armed
men guarding/policing the city. When the Romans conquered the Greeks, they changed the word
slightly to “politia”.

The French changed the word to “police” and used it to those authorized people who actually enforce
the law. The English and the Americans borrowed the word from the French and used it to describe a
law enforcement officer. Cop and constable are terms with similar meaning to the word police. The
word cop is commonly used to describe a police officer. This word most likely came from the European
word cop, meaning to catch or seize.

Broad Goals of the PNP

1.Prevent and control crimes.

2.Maintain peace and order.

3.Ensure public safety and security.

Sub Goals of the PNP

1.Reduce the level of criminality and crime rate into a desirable social level.

2.Improve crime solution efficiency.

3.Maximize linkages with other components of CJS and international law enforcement agencies.

4.Enhances the credibility of law enforcement organizations.

Statutory Power of Police

1.Enforce all laws and ordinances relative to the protection of lives and properties.

2.Maintain peace and order and to take all necessary steps to ensure public safety.

3.Exercise the general powers to make arrest, search, and seizures in accordance with the constitution
and pertinent laws.

4.Investigate and prevent crimes, effect the arrest of criminals, bring offenders to justice and assist in
their prosecution

5.To assist other national government agencies, instrumentalities and subsidiaries in the enforcement of
laws pertinent thereto upon proper request and or deputization.

6.Detain an arrested person for a period not beyond what is prescribed by law.

Administrative Functions of the Police

1.To ensure licenses to possess a firearm and explosive, as well as permit to carry firearm outside
residence.

2.Supervise and control the licensing, training and duties of security guards and security agencies.

3.Perform other task maybe provided for by law. Police Operations

1.Prevention of crime.

2.Repression of criminality

3.Apprehension of Criminals.

4.Recovery of stolen property or protection of life and property.

5.Regulation of non-criminal conduct.

6.Perform other miscellaneous services.

ROLE OF THE POLICE IN THE SYSTEM

1.To arrest the suspects.

By virtue of a warrant of arrest issued by a judge on the basis of evidence submitted by them. Under
circumstances justifying a warrantless arrest (Sec. 5, Rule 113, Rules of Court).

2.To conduct investigation -The police may conduct surveillance, interview persons with knowledge of
facts directly or indirectly connected with the offense, take photographs (surreptitiously or otherwise),
arrange to

constitutional and statutory safeguards, examine public and other available records pertaining to the
persons involved and get copies of pertinent entries.

3.To gather and preserve evidence

4.To transmit the records of the case to the court/prosecutor

5.To appear and testify in court Theories of Police Service

1.Home Rule-Policemen are considered as servants of the community.

2.Continental-Policemen are considered as servants of higher authority.

Concept of Police Service

1.Old Concept

The yardstick of police efficiency is the number of arrests. Police is a repressive machinery in crime
prevention.

2.Modern Concept

The yardstick of police efficiency is the absence of crime crime/lesser number of crimes committed.

Police Community Relation

It is the sum total of dealing of the police with the people it serves and whose goodwill and cooperation
it craves to ensure the greatest efficiency in the police service.

Coverage of Police Community Relation

A. Public Information Program

This evolves upon the concept of keeping members of society informed so that they will appreciate and
understand the complexity of police work and the services rendered by our men.

B. Public Relation Program

Focused on building a good image for the police organization through actual performance without
inefficiency and corruption.

C. Civic Action Program

This impart to the people that police are their friends and the partners as well as their defenders.

D. Mass Communication Program

It is designed to influence the opinions, attitudes, behaviors and emotions of the public in a manner that
they will behave in accordance with the law.

Police Discretion

It is the wise use of one’s judgment, personal experience and common sense to decide a particular
situation.

Abuse of discretion resulting to injury to persons or damage to property is punishable. So the

police must be guided by some basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE, and
SOUND JUDGMENT.

PROBLEMS ARISING FROM UNREGULATED DISCRETION

1.It lacks uniformity for implementation2.It may be discriminatory3.It foster police corruption in
victimless crimes4.It converts the law into a personal instrument of social control through the so-called
"sidewalk justice."

primary agency- PNP

primary law- PNP

Department of justice- NBI

Republic act 6975- DILG ACT OF 1990

APPROACHES:

PROACTIVE future to happen before taking action

PREVENTIVE AVOIDANCE OF THE CRIME

REACTIVE COMMITTED (SOMETHING HAPPEND ALREADY)

WHO IS A POLICE?

ETYMOLOGY

POLITEIA- GOVERNMENT OF A CITY(GEEK WORD)

POLITIA- ORDER OF THE CITY (ROMAN)

POLICE- PEOPLE AUTHORIZE TO ENFORCE THE LAW(FRENCH) LAW ENFORCERS

PULIS- LAW ENFORCERS(AMERICAN) LOCAL LANGUAGE

POLICE- A GROUP OF WELL TRAINED PERSONNEL

POLICE IS THE LAW? THEY ARE THE

KINDS OF POLICEMAN

TRADITIONAL POLICEMAN- IN UNIFROMED

COJNTEMPORARY POLICEMAN- UNAROGANT POLICEMAN

THEORIES OF POLICE SERVICE

HOME RULE- POLICE MAN ARE CONSDERED SERVANT OF COMMUNITY- DUTY TO SERVE THE PUBLIC/
PUBLIC SERVANTS

CONTINENTAL- POLICE SERVANTS OF HIGHER AUTHORITY/ SERVING SOMEONE HIGHER

CONCEPTS OF POLICE SERVICE

OLD CONCEPT- NUMBER OF ARREST

MODERN CONCEPT- ABSENCE OF CRIME

EFFECTIVE- IT REFERS TO ABILITY TO PRODUCE EXPECTED OUTCOME

EFFICIENCY- IT REFERS ABILITY TO PERFORM AN ACT PROPERLY WITHOUT WASTING ANYTHING

PNP

SINGLE POLICE FORCE

CIVILIAN IN CHARACTER

NATIONAL IN SCOPE; AND

SUPERVISED AND CONTROLLED BY A NATIONAL POLICE COMMISSION

BROAD GOALS OF THE PNP

1. PREVENT AND CONTROL CRIMES

2. MAINTAIN PEACE AND ORDER

3. ENSURE PUBLIC SAFETY AND SECURITY

SUB GOALS OF THE PNP

1 REDUCE THE LEVEL OF CRIMINALITY AND CRIME RATE INTO A DESIRABLE SOOCIAL LEVEL.

2 IMPROVE CRIME SOLUTION EFFICIENCY

3 MAXIMIZE LINKAGE WITH OTHER COMPONENTS OF CJS AND INTERNATIONAL LAW ENFORCEMENT
AGENCIES.

4 ENHACES THE CREDIBILITY OF LAW ENFORCEMENT ORGANIZATION

POLICE COMMUNITY RELATION

PUBLIC INFORMATION PROGRAM- SOMETHING TO DO WITH INFORMING THE PUBLIC

PUBLIC RELATION PROGRAM- BUILDING A GOOD IMAGE FOR THE POLICE ORGANIZATION

CIVIC ACTION PROGRAM- PARTNERSHIP BETWEEN THE POLICE AND THE COMMUNITY/ FREINDS WITH
COMMUNITY

MASS COMMUNICATION PROGRAM- TO DO WITH THE INFLUENCE THE OPINION, ATTITUDE, BEHAVIOR,
AND EMOTION OF PUBLIC

POLICE RELATION - SOME TOTAL OF KILLINGS OF THE POLICE WITH THE COMMUNTY

ARREST

is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense.

MANNER OF CONDUCTING ARREST

An arrest is made by actual restraint of a person to be arrested, or by his submission to the custody of
the person making an arrest.

WARRANT OF ARREST

Warrant of arrest is an order in writing issued in the name of People of the Philippines, signed by the
judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and
deliver them before the court. The requisites of a valid warrant of arrest are the following:

a. It shall be issued upon probable cause;

b. The probable cause is determined personally by the judge upon examination under oath or
affirmation of the complainant and the witnesses he may produce; and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine Constitution)

LIFE SPAN OF WARRANT OF ARREST

As long as the person stated in the warrant of arrest is not arrested, it shall remain valid even if several
years already lapsed. However, the head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant.

WARRANTLESS ARREST

A peace officer or a private person may, without a warrant, arrest a person:

a. When, in his presence the person to be arrested has committed, is actually committing or is
attempting to commit an offense.

b. When an offense has in fact just been committed and he has personal knowledge of facts indicating
that the person to be arrested had committed it;

c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending or has escaped
while being transferred from one confinement to another.

Instances of valid warrantless search

1. Consented search

2. Search incidental to Lawful arrest

3. Emergency Search

4. Plain view Doctrine

5. Search of a moving vehicle

6. Custom of a moving vehicle

7. Stop and frisk

Arbitrary Detention

Arbitrary Detention without legal grounds

1. Who- public officer or employee

2. How- Detention without legal rounds

Legal ground

1. There was a crime committed

2. Insanity

3. Any illness that require confinement

Article 125

1. Public Officer or Employee

2. He detained a person for some legal grounds

3. He fails to deliver such person to proper judicial authorities within:

A. 12 hours for light penalties

B. 18 hours for correctional penalties

C. 26 hours for afflictive or capital penalties