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PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE 2
LAW ENFORCEMENT PILLAR

CRIMINAL JUSTICE SYSTEM (GABAO, 2017)

It is defined as the machinery of the State or government, which enforces the rules of conduct necessary
to protect life and property and maintain peace and order.

5 PILLAR OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM (DOMINGO, 2013)

• Law Enforcement
• Prosecution
• Courts
• Corrections
• Community

The first four as the so-called formal CJS. The Community is the informal pillar of the CJS

PURPOSE OR GOALS OF THE CRIMINAL JUSTICE SYSTEM

1. Primary Goals
a. Maintenance of peace and order
b. Protect members of the society
2. Secondary Goals or Sub-goals
a. Prevention of crime
b. The review of the legality of preventive and suppressive measures.
c. The judicial determination of guilt or innocent of those apprehended.
d. The proper disposition of those who have been legally found guilty.
e. The correction by socially approved means of the behavior of those who violate the criminal law.
f. The suppression of criminal conduct by apprehending offenders for whom prevention is
ineffective.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTICE SYSTEM

1. The Adversarial Approach

The adversarial approach assumes innocence. The prosecutor representing the State must prove
the guilt. The adversary approach requires that the proper procedures are followed, procedures designed
to protect the rights of the accused.

The adversary system embodies the basic concept of equal protection and due process. These
concepts are necessary in order to create a system in which the accused has a fair chance against the
tremendous powers of the prosecutors and the resources of the State.

2. The Inquisitorial Approach

The inquisitorial system assumes guilt; the accused must prove that they are innocent. The
inquisitorial approach places a greater emphasis on conviction rather than on the process by which the
conviction is secured.
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The philosophy adopted in our Criminal Justice System is the Adversarial Approach.

CONCEPT OF DUE PROCESS

The concept of due process means that those who are accused of the crimes and those who are processed
through the Criminal Justice System must be given the basic rights guaranteed by the Constitution.

Criminal due process requires that the accused be tried by an impartial and competent court in accordance
with the procedure prescribed by law and with proper observance of all the rights accorded to him under the
Constitution and applicable statute.

CONCEPT OF EQUAL PROTECTION

The equal protection clause in essence declares that the state may not attempt to create or enforce statutes
against a person solely because of specific characteristics such as race, age or sex

LAW ENFORCEMENT IN RELATION TO CJS

The First Pillar in the administration of the Criminal Justice System.

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.

Examples of police initiating action:

a. effecting an arrest
b. surveillance
c. crime investigation

CJS Philippine Setting (Gabao, 2017) the Main Law Enforcement Agency
1. PNP under DILG
2. NBI under DOJ
3. PDEA under Office of the President

FUNCTION OF LAW ENFORCEMENT

1. To prevent criminal behavior

2. To reduce crime
3. To apprehend and arrest offenders
4. To protect the life and property
5. To regulate non-criminal conduct
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Philippine National Police was organized pursuant to RA 6975, as amended by RA 8551

PERTINENT LAWS ON PNP

RA 6975 - “DILG Act of 1990” - Approved on Dec 13, 1990

RA 8551 - “PNP Reform and Reorganization Act of 1998 and approved on February 25, 1998.

The Philippine National Police is a law enforcement agency under the DILG. It is under administrative
control and operational supervision of the National Police Commission. It is an organization that is national in
scope and civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine Constitution:

“The state shall establish and maintain one police force which shall be national in scope and civilian in
character…”

The PNP is headed by the Chief, PNP, with the rank of Director General, appointed by the President and
who shall serve a term of office of four (4) years.

• National in Scope - means that the PNP is a nationwide government organization whose jurisdiction
covers the entire breadth of the Philippine archipelago. All uniformed and non-uniformed personnel of the
PNP are national government employees.
• Civilian in Character - means that that the PNP is not a part of the military, although it retains some
military attributes such as discipline.

POWER AND FUNCTION OF THE PNP (RA 6975)

1. Enforce all laws and ordinances relative to the protection of lives and properties.
2. Maintain peace and order and take all necessary steps to ensure public safety.
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice, and assist
in their prosecution.
4. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and
pertinent laws.
5. Detain and arrest person for a period not beyond what is prescribed by law (RPC), informing the person
so detained of all his/her rights under the Constitution. (R.A.7438)
6. Issue licenses for the possession of firearms and explosives in accordance with law.
7. Supervise and control the training and operation of security agencies and issue licenses to operate security
agencies, and to security guards and private detectives for the practice of their profession. (R.A. 5478)
8. Perform such other duties and exercises all other functions as may be provided by law.

Police rules and functions in the society, Basically, the role of the police in society is crime prevention which
is the main goal of the CJS.

GENERAL CATEGORY OF POLICE POWERS

• Order Maintenance
• Community Service
• Law Enforcement
• Neighborhood Policing/ Team Policing/ Community Policing
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NATIONAL BUREAU OF INVESTIGATION

The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon approval of
Commonwealth Act No. 181 by the legislature. Two personality was tasked with organizing a Division of
Investigation or DI patterned after the United States Federal Bureau of Investigation were Thomas Dugan, a
veteran American police captain from the New York Police Department and Flaviano C. Guerrero, the only
Filipino member of the United States Federal Bureau of Investigation.

On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation.
Later, it was amended by Executive Order No. 94 issued on October 4, 1947 renaming it to what it is presently
known, the National Bureau of Investigation (NBI). The NBI is a government entity that is civilian in character,
and national in scope which is under the Department of Justice.

FUNCTION OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both on its own initiative and as
public interest may require.
2. Assist, when officially requested in the investigation or detection of crimes and other offenses.
3. Act as national clearing house of criminal records and other information for use of all prosecuting and
law enforcement entities in the Philippines, of identification records of identifying marks, characteristics
and ownership or possession of all firearms and test bullets fired therefrom.
4. Give technical help to all prosecuting and law enforcement offices, agencies of the government, and courts
which may ask for its services.
5. Extend its services in the investigation of cases of administrative or civil in nature in which the government
is interested.
6. Establish and maintain an up-to-date scientific crime laboratory and conduct research in furtherance of
scientific knowledge in criminal investigation.
7. Coordinate with other national or local agencies in the maintenance of peace and order.
8. Undertake the instruction and training of a representative number of city and municipal peace officers at
the request of their respective superiors along effective methods of crime investigation and detection in
order to insure greater efficiency in the discharge of their duties.

CRIME DETECTION IN RELATION TO CJS

The police are the first component of the CJS to deal with the commission of the crime through crime
detection. The detection of crime usually occurs in the following manner:

The most typical way that crimes come to the attention of the police is for the victim to report its
occurrence to the police. 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 a crime has been
committed.

The police themselves, through their routine operations discover that a crime has been committed or
witness its commission

SOME LAW ENFORCEMENT AGENCY

PNP AFP
MBI AMLC
PCG PDEA
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NICA BI
PPA BoC
OMB NTC
BFP BIR
BJMP SEC
LTO DOLE

ARREST AND SEARCH WARRANT

Arrest refers to taking of the person into custody in order that he be made to answer for the commission
of the crime. (Rule 113, Sec. 1, Rules in Criminal Procedure). Probable cause with respect to arrest is such a fact
and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.

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. (Philippine Constitution)

IMPORTANCE OF ARREST IN THE CJS

Arrest is important in CJS 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.

Under the law, the court cannot proceed with the trial of the person without his presence or in absentia.

The only exemption when the accused presence in court may not anymore be required is when he has been
identified by the witness and when the accused has already been arraigned.

DUTIES OF THE ARRESTING OFFICER EXECUTING AN ARREST WITH OR WITHOUT A

WARRANT

• To arrest the accused without necessary delay and to deliver him to the nearest police station or jail
• The officer shall inform the person to be arrested and of the fact that a warrant has been issued for his
arrest. (With exception)
• To inform the person arrested about his rights under the Constitution and for the police to observe the
mandate of RA 7438.

EXCEPTION IN INFORMING THE PERSON TO BE ARRESTED THAT A WARRANT IS ISSUED

AGAINST HIM

• When he flees or forcibly resists before the officer has the opportunity to so inform him
• 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.

The general rule in effecting an arrest is simply to make an arrest when there is a warrant. The reason is
for the protection of the person making the arrest in order not to be charged criminally for violation of Article 124
of the Revised Penal Code, and other related penal laws, and also for any civil and administrative charges.
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The exception to the general rule is provided by the Revise Rules on Criminal Procedures (Rule 113, Section 5)

Arrest without warrant is lawful, when a peace officer or a private person may, without a warrant, arrest
a person in the following circumstances:
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 just been committed and he has probable cause to belief based on personal
knowledge of facts or circumstances that the person to be arrested has 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 is temporarily confined while his case is pending or has escaped
while being transferred from one confinement to another.

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly issued search
and warrant. The Reason is for the protection of the searcher not to be charged of a crime of theft, robbery and
the like and for any civil and administrative liabilities.

REQUISITES FOR ISSUING SEARCH WARRANT

A search warrant shall not issue except; upon probable cause in connection with one specific offense to
be determined personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the things to be seized which
may be any wherein the Philippine.

PERSONAL PROPERTY TO BE SEIZED

A search warrant may be issued for the search and seizure of personal property:
• Subject of the offense.
• Stolen or embezzled and other proceeds, or fruits of the offense.
• Used or intended to be used as the means of committing an offense.

EXCEPTION ON THE SEARCH WARRANT

The following are the exception to the rule of Search Warrant:

• Warrantless search incidental to a lawful arrest. (Rule 126, Rules of Court)
• Seizure of evidence in plain view
• Search of a moving vehicle
• Consented warrantless search
• Custom Search
• Stop and Frisk search
• Exigent and emergency circumstances

Evidence obtained in violation of the rule on arrest and seizure is not admissible as evidence against the
accused. The evidence obtained is not admissible against the accused in any proceedings. The rule not admitting
any unlawfully obtained evidence against the accused is referred to “the exclusionary rule” because the same is
said to be “the fruit of the poisonous tree”.

Patrol – means the movement of group of people in a certain area with organized courses of action and
with a legitimate purpose. The action of traversing a district or beat or of going the rounds along a chain of guards
for observation or the maintenance of security.
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RELATION OF PATROL TO PCJS

It is the only function that is directly responsible for crime prevention. Its main purpose is to provide
police visibility. It creates a basic street psychological effect:

• A feeling of fear to the would be offender, and

• A feeling of security and safety to the law abiding.

Patrolling police officer eliminates the opportunity in committing a crime. It is one of the elements in the
commission of the offense along with the desire and instrument/capability.

Criminal Investigation - is an art, which deals with identity and location of the offender and provides
evidence of his guilt in criminal proceedings.

IMPORTANCE OF CRIMINAL INVESTIGATION TO PCJS

It is important in the administration of justice because it gather and preserve evidence that will justify
enforcement action and it is the fact finding process of the court and prosecution.

CRIME PREVENTION

It is the elimination or reduction of the desire and/or opportunity to commit a crime. Accordingly, it is
being ignored by police officers because this will not reflect as hard data in their individual performance. Police
officer rather focus on arrest and actual encounters with offenders that will be reflected in their individual records
of accomplishment.

POLICE IMAGE IN PCJS

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 is a police-community partnership also referred as the Community-Oriented Policing Service (COPS).

POLICE DISCRETION IN RELATION TO PCJS

It is defined at the wise use of judgment or wisdom based on his knowledge, education, training and skill
in a given situation. As defined by Kenneth Culp Davis, discretion means the freedom to make a choice among
possible courses of action. Discretion is observance of informal rules and by the very nature of their work, police
officers normally, make critical decision involving the life, liberty, honor and property of citizens. These require
discretion of their part.

Some of the Examples of Police Discretion:

• Whether or not to enforce a specific law
• Whether or not to conduct search of people or building
• Whether or not to effect an arrest
• To determine what charges are to be filed