West Visayas State University-Lambunao Campus 2023

UNIT 2:
LAW ENFORCEMENT

Learning Outcomes: At the end of the lesson the student must have:
1. Re-tell and familiarized the history of Philippine policing system.

2. Understand the powers and functions of the PNP

3. Familiarized and execute the proper investigation , arrest and searches.

THE LAW ENFORCEMENT PILLAR

 Are the premier law enforcement agencies of the country.

 Both have their own mandates in the implementation of their respective

functions. True to their calling they have established their reputation in law
enforcement, crime prevention, investigation, and crime solution.

BRIEF HISTORY OF PHILIPPINE POLICING SYSTEM

A. PRE- SPANISH ERA

 In the early era of government and society the headman or datu was the
source of power of the police force
 He performed his duty by employing all the males of the tribe as protectors
and guardian of his constituents.
 Eventually, he just chose among the able bodied males only. Some were
assigned as watchmen.
 Headman alone exercise several functions like to be chief executives,
legislator and magistrate.
 As time went by, the tribe became barrio which became barangay until on the
advent of modern society with complicated structures.
 Government organizations, activities and power expanded and become
complex which were divided and delegated among different individuals.
B. SPANISH ERA
 The police during the Spanish occupation was part of the military
establishment for the purpose of strengthening the defense of the Govierno
Espanol against Filipino Revolutionist.
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Roles of the Local Police

a) Perform civil duties and maintain internal peace and order through patrolling
the town day and night.
b) Prevent and suppress potential brigandage.
c) Making arrest, search, seizure and detain those guerrillas that were trying to
overthrow the government.
d) Tax collection including church revenues

Carabineros De Seguridad Publica or Cuero De Carabineros Seguridad

Publica
 Earlier version of mounted rifleman in the History of Philippine Police
System
Functions
a) Ordering of peace and internal security
b) Prosecution of law violators and malefactors
c) Implementation of law and ordinances
d) Watching and guarding the entry of contrabands through ports and seacoasts

Cuadrilleros
 Virtue of Royal Decree of January 8, 1836
 A body of rural police was organized in each town
 This decree provided that 5% of the able bodied male inhabitants of each
province to be enlisted in this police organization for 3 years tour of duty.
 80 officers usually police each province in Luzon and more number of
personnel were enlisted and deployed in Visayas and Mindanao depending on
the availability of manpower, proximity of dangers and probability of the
attacks of the Moro Pirates.
Functions
a) Enforce all laws
b) Maintain Public Order
c) Patrolling
d) Guard government building
Guardia Civil
 This is semi- military police institution was armed as the Spanish Infantry
characterized by its very bright and showy uniform and distinctively prominent
insignia.
 Created by Royal Decree issued by the Crown on February 12, 1853 to
partially relieve the Spanish Peninsula Troops of their work in Policing town.
 This give Spanish Colonial Government a tremendous power to control,
supervise and centralize police administration, hence enabling the supreme
head to decide and dictate the rules and guidelines to pursued in ensuring the
public safety.
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C. AMERICAN ERA

Act no. 175

 “An act providing for the organization and government of an Insular
Constabulary” was approved on July 18, 1901.
Henry T. Allen
 First Chief of the Constabulary
 Father of Philippine Constabulary
Act No. 255
 Changing the name of the Insular Constabulary to Philippine Constabulary
 It was greatly influence by the military method of organization and functions
as one of the main branches of the Philippine Military.
 Its members were not degree holder and only appointed due to the wishes of
political people.

D. POST- AMERICAN ERA

September 8, 1966
 Enactment of RA 4864 (Police Act of 1966)
 PolCom or Police Commission was created
 It was reorganized as the National Police Commission (NAPOLCOM) in 1972
Police Commission (PolCom)
 Served as a legal guidepost in initiating and undertaking at national level
much needed reforms.
 Supervised the Philippine Constabulary (PC)
 It does not eliminate those negative factors that gad been plaguing the police
forces like “bata-bata” or “tayo-tayo” system, double standard of justice,
malpractice in the personnel management such as in appointment,
assignment, promotion and even separation.

E. MARTIAL LAW ERA

September 21, 1972- declaration of Martial Law

Presidential Decree 765
 On August 8, 1975, Integrated National Police was created
Integrated National Police (INP)
 The head of the INP was the director general who at the same time the chief
of the PC thereby the PC remained and continued as a major branch of
service of the AFP.
 Atleast 2 years college student educationally higher than that of the members
of the PC

F. POST- MARTIAL LAW

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RA 6975 or “The DILG Act of 1990”- established the PNP or Philippine National
Police

RA 8551 or “The PNP Reform and Reorganization Act of 1998”

RA 9708- An act extending for 5 years the reglementary period for complying with
the minimum educational qualification for appointment to the PNP advising the
promotion system, amending RA 6975 and 8551

RA 11200- Providing for the rank classification in the PNP

Gen. Cesar P. Nazareno – First Director General of the PNP

Philippine National Police (PNP)- primary law enforcement agency in the

country which is national in scope and civilian in character.

PNP VISION
 “We are committed to the vision of a professional, dynamic, and highly
motivated PNP, supported by a responsive community, regarded as one of the
most credible national institutions and rank among the best in Asia”.

PNP MISSION
 “The PNP shall enforce the law, prevent and control crimes, maintain peace
and order, and ensure public safety and internal security in active partnership
with the community”.

THEORIES OF POLICE SERVICE

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

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

Concept of Police Service

1. Old Concept- the yardstick of police efficiency is the number of arrest. Police is a
repressive-machinery in crime prevention.
2. Modern Concept- the yardstick of police efficiency is the absence of crime, lesser
number of crimes committed.

Police Discretion – 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 person or damage to property is punishable. So the police must be guided with
some basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE, and SOUND
JUDGMENT.

Police Activities:
Organizations of any kind have their peculiar activities to attain to in relation
to its existence. In this regard, the following are the police activities.

1. The Prevention of Criminality

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This is one of the responsibilities of the police. It is being, clearly realized that
a constructive approach to the crime problem must get to its roots or causes of
criminality to the factors of community life which created criminal tendencies and
lead a person or group of persons to indulge in an anti-social behavior.

2. Repression of Crime
This is the function firmly embedded in police practice. Adequate patrol plus
contentious effort toward eliminating or reducing criminal tendencies is stressed as a
means of reducing the opportunities for criminal activities.

3. Apprehending Offenders
Quick apprehension and certain punishment discourage the would-be
offender by taking the consequence of crime less pleasant. In addition to its
repressive influences apprehension enables society to punish offenders prevents a
repetition of their offense by restraining their rehabilitation.

4. Recovery of Stolen Property

This activity intended to reduce the money cost of crime, as well as to
restrain those who, though not active criminals, might benefit from gains of crime.

5. Regulating of non-criminal conduct

Many police activities are concern only incidentally with criminal behavior.
Their main purpose is regulation, apprehension and punishment of offenders as a
means of securing obedience. Other methods used to obtain complaint are
education of the public in the danger inherent in the disobedience of regulations, the
use of warnings either oral or penalize them. Examples of such activities are
regulations of sanitation and street use. This type of activity is time consuming and
drains police energies from that task, which are more important in the eyes of the
public.

6. Performance of Related Miscellaneous Services

This involves many services related activities coterminous to basic police
duties, such as for instance, the operation of detention facilities, search and rescue
operations and licensing.

Who is Ulrich? – An author who said that “In any organization, it is not the
organization chart, but men who do the work”.

THE LOCAL GOVERNMENT OFFICIALS (LGU)

1. Brgy. Chairman – Chief executive of the law enforcement officer in Brgy. Level.
2. Municipal Mayor – Serves as Chief Executive of his/her municipality – has the
control and supervision of the police to their respective locality. Likewise, having the
pleasure to choose and select of police.
3. Provincial Governor – Chief executive of the province as the number 1 law
enforcement officer. The governor has the pleasure to choose and select provincial
police director.
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What is Police Community Relations? Is the sum total of dealings of the police
with the people it serves and whose goodwill and cooperation if craves for to insure
the greatest possible efficiency in public service.

What is Public Relations? The act of bringing about better understanding,

confidence and acceptance of an individual or an organization.

What is Due process? This means basic standards of fairness and equity. A
defendant is guaranteed a speedy and public trial during which the defendant will
get notice of the charges her or she faces and may call witnesses and face his or her
accusers.

THE POLICE IN ACTION

THE POLICE
The word “police” originated from the Greek word “politeia” meaning
government of a city. The French changed the word to “police” and applied it to
those persons who actually enforced the law.
According to Robert Peel; “the Police are the Public and the Public are
the Police”. In a democratic society like the Philippines, law enforcement
constitutes one of the enduring pillars of the Criminal Justice System. And among
the law enforcement agencies mandated to maintain the peace and order and
uphold the law is the Philippine National Police which is considered as the prime
cutting edge of criminalities.

Police patrol
Patrol is a proactive measures in policing. The presence of uniform police
officers in an area deters an individual who plans to commit any violation of
law. Police patrol is the backbone of police organization and the eyes and ears
wherein police plans and actions are based upon. On the other hand, patrol is
the bridge in establishing a better relation of the police and the community
towards one common goal.

Surveillance
Surveillance is another form of police investigation. Surveillance is a secret
observation of places and persons for the purpose of obtaining information of
persons suspected to have been violating the law.

Intelligence
Intelligence is getting involved on the activities of organized criminals or
syndicates in undercover, in order to gather information about their activities and
reveal their identities and locations for the purpose of gathering evidences and
effecting arrest unto them.

Entrapment
Signifies the ways and means device by a peace officer to catch or apprehend
a person who has committed a crime, with or without it, the crime has already been
committed. While Instigation takes place when a police officer induces a person to
commit a crime, without it the crime would not be committed.
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Police Investigation
Investigating crime is one tedious activity of a police officer. Its aim are , to
identify the person who committed crime, its location and gather evidences to
prove his guilt through a criminal proceedings.

OBJECTIVES OF POLICE INVESTIGATION

1. Determine if a crime has in fact been committed – if so, what crime?
2. Identification of the suspect – (interview victims and witnesses, study and
examine physical evidence, review modus operandi, consider type of property
taken or left behind, scars or marks and manner the crime was committed
3. Arrest of the Suspects – to determine the legal basis for the arrest of the
suspect as well as legal basis for the hot pursuit.
4. Gathering and preservation of evidence – Evidence should be
gathered/lifted following the proper procedure in crime scene investigation
especially in the preservation and transportation of evidence to the crime
laboratory.
Four (4) reasons why crime should be investigated
a. Future deterrence of offenders
b. Deterrence to others
c. Community safety
d. Protection of the innocent

Police Operation is a lawful clandestine intelligence and detective networking to

gather information and evidences to determine with certainty the commission of a
crime, the identity of the perpetrators thereof, and as may be necessary, to arrest
the culprits under those instances as authorized by law.

Examples of Police Operations

 A warrantless arrest (inflagrante delicto)
 A warrantless arrest (hot pursuit)
 A warrantless arrest as an incident to the execution of a search
warrant
 A warrantless search as an incident to a lawful arrest
 An arrest by virtue of a warrant of arrest
 The arrest of escaped prisoner while serving sentence or temporarily
confined while his case is pending
 While being transferred from one confinement to another
Enforce laws:

 No person shall be deprived of life, liberty or property without due

process of law.
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Maintain peace and order:

Crimes against public order (RPC)
a. Rebellion
b. Insurrection
c. Sedition
d. Coup de etat

Investigation:
 Miranda Rights or Doctrine
 Rights to remain silent
 Rights to have competent and independent counsel, of his own
choice, if cannot afford, one will be appointed for you.
 Rights to be informed of the nature and causes of accusations
against him

Section 12 of Article III. Bill of Rights

(2) No torture, force, violence, threat, intimidation or any other means which
vitiate the free will shall be used against him.
(3) Any confession or admission obtained in violation of this section hereof shall
be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanction for violation of this section
as well as compensation to and rehabilitation of victims of torture or similar
practices and their families.

ARREST-- Arrest 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. An arrest can be
executed with or without warrant.

Warrant of Arrest – a written order issued by a competent court directing a police

officer and commanding him to arrest a person accused of a crime.

Arrest Without a Warrant

Effecting an arrest without a warrant can be done by the police officer or any
citizen in the community on the following circumstances:
 When in his presence the person to be arrested has committed, is actually
committing, or attempting to commit an offense;
 When an offense has in fact just been committed and he has personal
knowledge of the facts indicating that the person to be arrested has
committed it;
 When the person to be arrested is a prisoner who escape from a penal
institution 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.
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How Warrant of Arrest is Secured?

A warrant of arrest can only be obtained in court upon filing of a certain

criminal charge. The warrant of arrest issued by the judge must contain the
name of the person to be arrested in which he is known for.

Method of Arrest by officer by Virtue of a Warrant

When making an arrest by virtue of warrant, the officer shall inform the
person to be arrested of the cause of the arrest, and of the fact that a warrant
has been issued for his arrest, except, when he flees or forcible resists before the
officer has the opportunity to inform him or when giving such information will
imperil the arrest. The warrant of arrest shall be executed within ten (10) days
from the receipt. Within ten days the expiration of such period, the officer to
whom execution was assigned, shall make a report to the judge who issued the
warrant and in case of his failure to execute the same shall state the reason
thereof. Generally, a warrant of arrest has no expiration and arrest could be
made, even if the officer does not have in his position the warrant of arrest.
The arrest may be made in any day and any time of the day or night. No
violence or unnecessary force shall be used in making the arrest, and the person
arrested shall not be subjected to any greater restraint than is necessary for his
detention.
The officer making the arrest with or without a warrant may break into any
building or enclosure in which the person to be arrested is reasonably believe to
be, on the following instances; if he is refused admittance thereto after he
announced his authority and purpose. The right to break into any building for
effecting arrest is only provided for law enforcer and not to private individuals.

SEARCH and SEIZURES

Search Warrant – is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal properties described therein and bring it before the court.
The properties to be seized must be specified in the warrant including the place
where search should be made. The property to be searched and seized are the
following but not limited to:
 Properties subject of the offense
 Stolen properties or proceeds or fruits of the offense
 Things which are used or intended to be used as a means of committing
an offense.
How is Search Warrant is Effected?
The search warrant must be effected any day and any time of the day or
night. The warrant is only valid within ten (10) days from its date, thereafter it shall
be void.
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BAIL
Bail is the security given for the release of a person in custody of the law.
Provided he is not charge with the crime whose punishment is death, and is not
punishable by Reclusion Perpetua or life imprisonment. The person may file bail
before or after his arrest.
The filing of bail can be done in the form of:
1. Corporate Surety – a private institution guarantee’s the appearance of the
person whenever the court requires.
2. Property Bond – covers only real properties that would guarantee for his
temporary release
3. Cash Deposits – is the amount recommended by the prosecutor or fixed by
the judge.
4. Release on Recognizance – a responsible and reputable person in the
community can take the obligation and responsibility for the release and
present him whenever the court needs his personal appearance.
The purpose of bail is to relieve an accused from imprisonment until his
conviction.
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