CLJ 1 - Introduction to Philippine Criminal Justice System
PRELIMINARY: ii. The Sociology of Crime and the Social Psychology
CHAPTER I: INTRODUCTION TO
CRIMINAL JUSTICE
A. CRIMINOLOGY AND CRIMINAL JUSTICE
DIFFERENTIATED
What is criminal justice?
Siegel and Senna states that "criminal justice may be
viewed or defined as the system of law enforcement,
adjudication, and correction that is directly involved in
the apprehension, prosecution, and control of those
charged with criminal offenses".
Notice that in this definition, the American Criminal
Justice System's main focus is on enforcement,
adjudication and correction.
In the American Criminal Justice System, there are
only three (3) pillars: (1) Law Enforcement, (2) the
Courts, and (3) the Corrections. In contrast, the
Philippine Criminal Justice System has five (5)
pillars; namely, (1) Law Enforcement, (2)
Prosecution, (3) Courts, (4) Corrections, (5)
Community.
In general, a Criminal Justice System (CJS) involves a
number of government agencies that ensures the
protection of the public, the maintenance of order, the
enforcement of the law, the identification of
transgressors, the prosecution of the accused and the
finding of the guilty, and the correction and treatment of
criminal behavior.
What is criminology?
Sutherland, Cressey and Luckenbill define criminology
as "the body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of
making laws, of breaking laws, and of reacting toward
the breaking of laws". They further note that
Criminology has three interrelated divisions; these are:
i. The Sociology of Criminal Law which
systematically analyzes the conditions under which
penal laws develop and explains as well the procedures
used in police agencies and courts. This first division
focuses on lawmaking.
of Criminal Behavior which examines economic,
social and political conditions that generates or prevents
the commission of crimes. This second division focuses
on law-breaking.
iii. The Sociology of Punishment and Correction that
systematically analyzes the procedures and policies that
aims to control crimes. This third division focuses on
society's reaction to law-breaking.
What is the difference between criminal justice and
criminology?
(a) While Criminology explains the etiology, extent,
and nature of the crime in society; Criminal Justice
studies the agencies of social control that handles
criminal offenders.
(b) While Criminologists are concerned with identifying
the nature, extent and causes of crime; Criminal Justice
scholars engage in describing, analyzing, and
explaining the operations of the agencies of justice,
specifically the police agencies, the prosecution, the
courts and the rest of the pillars of the system in seeking
more effective methods of crime control and offender
rehabilitation.
Is there an overlapping area of concern between
criminal justice experts and criminologists?
Yes, Criminal Justice experts cannot begin to design
effective programs of crime prevention of rehabilitation
without understanding the nature and cause of crime.
They require accurate criminal statistics and data to test
the effectiveness of crime control and prevention
programs. It is in this aspect that Criminal Justice and
Criminology have overlapping concerns.
B. CRIME AND CRIMINAL JUSTICE SYSTEM
(CJS)
What is the event that calls for the operation of the
CJS? Why?
Crime is the event that calls for the operation of the
criminal justice system. When a crime is committed,
it disturbs the tranquility and harmony of the
society. Such event calls upon the police to initiate
 CLJ 1 - Introduction to Philippine Criminal Justice System
police intervention by way of investigation or
apprehension of those who violate the law; the
prosecutor to prosecute the case; the court to determine
the guilt of the accused; and the rest of the system
follows as incumbent upon their role in the criminal
justice process.
Enumerate some of the legal principles or maxims
regarding a crime or a criminal act?
(a) "Nullum crimen nulla poena sine lege" That is -
There is no crime where no law is punishing it.
(b) The maxim is, "actus non facit reum, nisi mens
rea”- A crime is not committed if the mind of the person
performing the act complained be innocent.
(c) The maxim is "Actus me invito factus, non est
meus actus"- An act done by me against my will is not
my
act.
(d) Crimes mala en se and crimes mala prohibita.
The first set of crimes refer to those that are naturally
criminal on moral grounds while the second set of
crimes pertain to those acts that have been criminalized
for regulatory purposes. Murder is an example of a mala
en se while Illegal Possession of Firearms and
Ammunition is an example of mala prohibita.
What is crime in the legal sense?
Criminologists define crime as a voluntary and
intentional violation by legally competent person of a
legal duty that commands or prohibits an act for the
protection of the society. A crime is punishable by
judicial proceedings in the name of the state.
From this legal definition, what are the things that
apparently constitute crime?
They are the following:
1. The act must be voluntary. Thus, if the criminal act
were shown to have been done involuntarily as when the
individual is forced to commit a criminal act against his
will, the person cannot be found guilty of the crime.
2. It must be intentional. Thus, otherwise criminal act
that occurs by accident generally is not considered
crimes.
3. It must be committed by a legally competent
person. Under the law certain persons are considered
not capable of committing a crime, like the insane or
those who are fifteen (15) years old and below.
4. The behavior that constitutes crime can be either
an act of commission or an act of omission. Thus, one
maybe guilty of a crime by doing something which is
prohibited or should not be done (i.e. murder), as well
as doing what the law says should be done (i.e. payment
of tax). In this connection, an act of omission to
constitute a crime must be considered unlawful by the
statute at the time the act is committed.
5. A crime is an act that threatens the welfare of the
society and is punishable by judicial proceedings in
the name of the state. Thus, crime is considered to be
a crime against the collective well-being of the society.
In criminal proceedings, the offended party or private
complainant is merely considered as the primary
witness of the state.
Based also on the legal definition, how may the
government convict a person of a crime?
In order to convict a person, the government must show
that:
1. An act was committed, that at the time of its
commission, was prohibited, or that the accused failed
to do something commanded by law (act); (In this
connection it is better to recall the principles or maxims
in criminal law as previously stated.)
2. That the accused did the act voluntarily and with full
knowledge of what he or she was doing (the crime must
be committed with the concurrence of intent, freedom
of action, and intelligence, or by means of negligence or
imprudence);
3. That the act resulted from the intent (the concurrence
of act and intent or negligence or imprudence);
4. That the act and the intent caused something to occur
that was offensive to the law (causation); and
5. That it caused some harm to society (result).
NOTE: In the Philippines, if a crime is punished by
the Revised Penal Code, it is called a felony; if by a
special law, it is called an offense; if by an ordinance,
it is called an infraction of an ordinance.
 CLJ 1 - Introduction to Philippine Criminal Justice System
C. CRIMINAL LAW AND THE CJS
What is the basis of the CJS? Explain.
The Criminal Justice System is based on the enacted
Criminal Law/Statutes.
Only violations of Criminal Law are being considered
and processed in the Criminal Justice System. Where
there is no violation of Criminal Law or where there is
no commission of the crime, in general, Criminal Justice
as a process will not operate.
Sometimes, even if the act of a person is somewhat
generally annoying or obnoxious to some people, that
person cannot be processed in the criminal justice
system in the absence of an enacted Criminal Law.
The advent of the modern concept in corrections like
restorative justice and diversion will drastically change
the point of view of the public concerned.
Define criminal law.
In the Philippines, Criminal Law is defined as that
branch of public law, which defines crimes, treats of
their nature, and provides for their punishment.
What are the two basic principles of criminal law we
adhere to in the administration of the CJS in the
Philippines?
Our system of justice operates on two key principles of
criminal law.
The first is “the presumption of innocence”. This
means that those who are accused of crimes are
considered innocent until proven guilty. This is the
fundamental assumption of our legal system that, at
least in theory is supposed to exist.
Thus, the accused is entitled to all the rights of the
citizens until the accused's guilt has been determined by
the court of law or by the accused's acknowledgment of
his guilt that he or she indeed committed the crime.
The second principle is “the burden of proof” which
in criminal cases means that the government must prove
beyond reasonable doubt that the suspect committed the
crime. Because the criminal prosecutions carry the
penalty of imprisonment and even death in some cases,
the state through the prosecution is given a difficult
burden. Nevertheless, it is the bedrock of our social -
and through it, our legal system.
Explain the concept of the principle of presumption
of innocence. Give the source of this principle.
No less than the Constitution of the Philippines provides
that an accused shall be presumed innocent until proven
guilty.
The burden of proof lies in the public prosecutor. It is
incumbent upon the prosecutor to prove that the accused
is guilty as charged.
In so doing, the prosecutor must rely on the strength
of his/her evidence and not on the weakness of the
accused's evidence.
It follows, therefore, that the accused is entitled to all
the rights of an individual citizen until the guilt is
proven. This is the reason why the accused under the
constitution is granted the right to bail except under
certain crimes committed.
Explain the concept of proof beyond reasonable
doubt. Give its legal basis.
In the Philippine setting, our criminal proceeding carries
the penalty of imprisonment or deprivation of liberty
and on the extreme, the punishment of death.
In order to make sure that only those who are truly guilty
of the crime are punished and that no person who is
innocent is imprisoned, our Rules on Evidence
provide that the weight of evidence required to
convict an accused for a criminal act must be proof
beyond reasonable doubt. Unless his guilt is shown
beyond reasonable doubt, he is entitled to an acquittal.
Meaning of proof beyond reasonable doubt
Proof beyond reasonable doubt does not mean such a
degree of proof as, excluding the possibility of error,
produces absolute certainty. Moral certainty is only
required, or that degree of proof which produces
conviction in an unprejudiced mind.
D. CRIMINAL IN RELATION TO CJS WHO IS
THE CRIMINAL IN RELATION TO THE
ADMINISTRATION OF THE CJS?
 CLJ 1 - Introduction to Philippine Criminal Justice System
The criminal is the main character, so to speak, of the
Criminal Justice System. Some authors even refer to
him as the superstar, if you will, because upon him the
pillars of the system revolve.
Define a criminal, in the criminological sense, the
legal sense, and as defined in the criminal justice
sense.
A criminal may be defined in three (3) different views:
1. In the Criminological sense, a person may be
considered as a criminal from the time he or she
committed the crime regardless of whether or not it has
been referred or reported to the police for investigation.
2. In the legal sense, a person may be considered a
criminal only upon undergoing the judicial process and
upon determination by the Court that he or she is guilty
beyond reasonable doubt.
3. In the Criminal Justice sense, a criminal may be
defined as one who has undergone the process and went
through all the pillars of the Criminal justice System.
What are the different nomenclatures given to the
person who is being processed under the CJS?
1. At the police stage, during investigation, he is
referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of
probable cause or during the Preliminary Investigation,
he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in
Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is
guilty beyond reasonable doubt as charged and the
judgment has been rendered, he is referred to as the
CONVICT.
5. It is only upon undergoing all the process when the
person has served the sentence when he can really be
considered as a CRIMINAL.
E. ESSENCE OF JUSTICE
What is the definition of justice?
Justice is the act of rendering what are due and treating
persons equally. These persons must, however, fall
within the same classification. (Gacayan, 2006)
Essence of Justice under the Philippine Constitution
Under Sec. 1, Art III of the 1987 Philippine
Constitution, no person shall be deprived of life, liberty
or property without due process of law, nor shall a
person be deprived of the equal protection of law. This
guarantee dictates that in order that justice will be
realized there must be the observance of due process.
Due process is a guaranty against any arbitrariness on
the part of the government, whether committed by the
legislative, executive or the judiciary.
Kinds of Due Process
a. Procedural due process – is one which hears
before it condemns which proceeds upon inquiry and
renders judgment only after trial.
b. Substantive Due Process – this requires the
intrinsic validity of the law in interfering with the rights
of the person to his life, liberty or property.
Give the four elements of justice in order that justice
may be dispensed of absolutely.
To dispense absolute justice requires the presence of
four elements:
1. The absolute ability to identify the law violator.
2. The absolute ability to apprehend law violator.
3. The absolute ability to punish law violator.
4. The absolute ability to identify the intent of the law
violator.
Among the four elements, what is the hardest to
identify? Explain.
At present, we lack the absolute ability to identify the
intent. Thus, even with adequate resources, it is
impossible to distribute absolute justice. Under the law,
intent is merely presumed. The presumption that intent
is present and therefore part of the element of the crime
committed can be inferred from the overt acts of the
accused. Such inference, however, should be proven by
evidence since the accused as discussed above is
 CLJ 1 - Introduction to Philippine Criminal Justice System

presumed innocent of a crime or wrong. Hence, the People involved in the system (Parties to the criminal
determination of intent is not fool proof. case)
1. Accused = The most pampered party in a
Enumerate the four types of mistakes that can criminal case.
happen when society attempts to administer justice. 2. Victim/complainant = The forgotten party in a
When societies attempt to administer justice, mistakes criminal case.
are inevitable. The types of mistakes include the 3. People of the Philippines = The actual
following: offended party.
1. The innocent is punished.
2. The guilty escapes the punishment. 5 Pillars of Philippine CJS
3. The guilty are punishment more severely than
necessary. 1. Law enforcement pillar – initiator of the action;
4. The guilty are punished less severely than prime mover of the CJS
necessary. 2. Prosecution pillar – two things:
a. prosecution as a legal process – course of action or
F. THE CRIMINAL JUSTICE SYSTEM process whereby accusations are brought before a court
Criminal Justice System – The machinery which of justice to determine the innocence or guilt of the
society uses in the prevention andcontrol of crimes. It accused; proceeding instituted and carried on by due
may also refer to the totality of the activities of the law course of law, before a competent tribunal, for purpose
enforcers, prosecutors, judges, and corrections of determining the guilt or innocence of a person
personnel, as well as those of the mobilized community charged with a crime
in crime prevention and control.
In theory, Criminal Justice System is an integrated b. as a party in a criminal proceeding – party
apparatus that is concerned with the following: representing the People of the Philippines, with the
victim or the offended party as complaining witness
● apprehension,
role starts with the receipt of the complaint from the law
● prosecution,
enforcement pillar
● trial,
● conviction, 3. Court pillar – organ of the government
● sentencing and belonging to the judicial department; try and
decide cases
● rehabilitating or correcting criminal
4. Corrections pillar – charged with custody,
offenders.
supervision and rehabilitation of convicted
Goals of CJS offenders.
5. Community pillar – citizens of the country
1. Prevention of crime.
(informal)
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality. G. PHILOSOPHICAL APPROACHES BEHIND
THE CJS
5. Review the legality of existing rules and
regulations. What are the philosophical approaches behind the
6. Rehabilitation and reformation of offenders. CJS?
 CLJ 1 - Introduction to Philippine Criminal Justice System

The following are the Philosophical approaches behind
the Criminal Justice System.
1. The Adversarial Approach; and
2. The Inquisitorial Approach.
Explain the adversarial approach.
The adversarial approach assumes innocence. The
prosecutor representing the state must prove the guilt of
the accused. This approach requires that the proper
procedures are followed- procedures designed to protect
the rights of the accused.
The adversarial approach 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.
Theoretically, the observance of due process will
prevent the prosecutor from obtaining a guilty verdict
for an innocent defendant. However, justice does not
always prevail.
Explain the inquisitorial approach.
The inquisitorial system assumes guilt. The accused
must prove that they are innocent. This is the opposite
of the adversarial approach. The inquisitorial approach
places a greater emphasis on conviction rather than on
the process by which the conviction is secured.
The Adversarial Approach places the burden on the
public prosecutor to prove the guilt of the accused;
while the Inquisitorial Approach places the burden to
the accused in proving his innocence.
(c) As to the emphasis:
The Adversarial Approach places emphasis on the
process; while the Inquisitorial Approach places
emphasis on the conviction of the accused.
What is the philosophical approach adopted by our
CJS?
Our Criminal Justice System adopts the Adversarial
Approach. This is obvious due to the greater emphasis
on the observance of due process and of the litany of
rights in our Constitution's Bill of Rights.
What are the two principles of law that must be
adhered to in our CJS?
The two (2) principles of law that must be adhered to in
our criminal justice system are the following:
1. The due process of law; and
2. The equal protection clause.

Distinguish the above philosophical approaches of

the CJS.
(a) As to the presumption:
The Adversarial Approach assumes the accused to be
innocent; while the Inquisitorial Approach assumes the
accused to be guilty.
(b) As to the burden of proof:
 CLJ 1 - Introduction to Philippine Criminal Justice System
CHAPTER II: LAW ENFORCEMENT
THE FIRST PILLAR IN THE
ADMINISTRATION OF CRIMINAL JUSTICE
SYSTEM
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
the 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 cause of crimes.
(b) To reduce crime.
Crime reduction essentially means eliminating and
reducing opportunities for criminal behavior.
(c) To apprehend and arrest offenders.
This function includes crime investigation and
gathering of evidence 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
 CLJ 1 - Introduction to Philippine Criminal Justice System
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.
Hence, pursuant to the above statute, it is the PNP
that is primarily charged to perform police function
throughout the Philippines.
How did the PNP come about?
The PNP came 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 in January of 1991, the date of its
effectivity.
Has there been a reorganization of the PNP?
Explain.
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?
 CLJ 1 - Introduction to Philippine Criminal Justice System
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 field
offices...xxx.
(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 THE PNP?
The following are the powers and functions of the
PNP:
(a) Enforce all laws and ordinances relative to the
protection of lives and properties;
(b) Maintain peace and order and take all the
necessary steps to ensure public safety;
(c) Investigate and prevent crimes, effect the arrest of
criminal offenders, bring offenders to justice and
assist in their prosecution;
(d) Exercise the general powers to make arrest83,
search and seizure84 in accordance with the
Constitution and pertinent laws;
(e) Detain an arrested person for a period not beyond
what is prescribed by law85, informing the person so
detained of all his rights under the Constitution86;
(f) Issue licenses for the possession of firearms and
explosives in accordance with law;
(g) Supervise and control the training and operations
of security agencies and issue licenses to operate
security agencies, and to security guards and private
detectives, for the practice of their professions; 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
Explain 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 (especially the patrolman) role for
several reasons:
First, many police department receive more calls for
help in maintaining order than enforcing the law.
Some of these complaints may result in arrests, but
most do not.
Police may be called to quiet down noisy neighbors
who are engaged in videoke sessions or may be
called to intervene between a store owner and the
latter's clients; or that wandering drunk zigzagging in
a street. These activities are not necessarily criminal
in nature, although they may be annoying to some
people.
Second, maintaining order may subject the police
and others to physical charge. A large group may turn
into riot. Domestic disputes frequently lead to
violence between the spouses against the police.
Domestic problems occur late at night.
 CLJ 1 - Introduction to Philippine Criminal Justice System
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, which results
in greater cooperation of citizens with the police.
Citizen's fear of the police is reduced; community
support of the police is improved; police does not feel
isolated from the community; and crime detection
and prevention increase.90
2. Community-Service Function
Police performs a variety of services related to law
enforcement. One of which is community service.
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,
emphasizing to residents what they can do to make it
less likely that they will become the victims of
property or personal crimes. Educating women on
the prevention of rape is a frequent topic of these
sessions. Visiting with school children to educate
them in crime prevention is another type of police
social work. Police may also perform a very
important service function that indirectly related to
crime prevention. Police are dependent on the
cooperation of the citizens for effective crime
prevention but many citizens do not have a good
image of the police and do not want to cooperate with
them. Any kind of community involvement of police
may have a positive effect on their image. It is,
however, also important that the police do not spend
so much time in the community service functions that
the law enforcement functions and the order
maintenance functions are neglected.
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.
We also expect the police to prevent crime, in many
cases without our help. But the ability of the police
to handle crime is limited, and they are dependent on
assistance, although they do not always get
assistance.
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 to
produce the desired objectives of peacekeeping in the
community.
It is a concept of accomplishing the essential
functions of the force by assigning a team of
policeman in the particular locality at more or less
permanent basis. The purpose of the team is to
familiarize on the conditions in the locality and
should interact with each other and with the
community.
Neighborhood team policing 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.
If the PNP is the primary law enforcement agency
in the Philippines, describe its relations with other
law enforcement agencies.
• The PNP and the National Bureau of
Investigation are the premier law
enforcement agencies of the country wherein
both have their own mandates in the
implementation of their respective law
enforcement functions.
 CLJ 1 - Introduction to Philippine Criminal Justice System
• On the other hand, the Philippines established
the National Law Enforcement Coordinating
Committee (NALECC) through Executive
Order 829 dated September 11, 1982 to serve
as a vehicle for cooperation and coordination
and exchange of information among
government law enforcement agencies. The
initiative is meant to ensure unified direction
and integration of efforts throughout the
country in suppressing criminal activities.
• The NALECC is chaired by the Chief, PNP,
with 59 regular members and 17 Sub-
Committees.
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 a crime has been committed.
(c) The police themselves, through their proactive
routine operations discover that a crime has been
committed or witness its commission.
What is the most important part of crime
detection?
An important part of crime detection may be the
result of an aggressive police work. Experienced
police officers and detectives sometimes concentrate
their surveillance operations and investigate efforts
on persons, situations, or places in which past
experience has taught them that criminal behavior is
likely. Example, conducting a buy-bust operation.
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.
With thousands of criminal laws to be enforced, and
as varied the classes of criminals are, it is but
impossible to address the law enforcement functions
in all fronts. 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 must set priority on
what law to enforce, when to enforce, to whom and
on what occasions. Some laws are almost always
enforced like serious crimes, violent crimes, or
sexual crimes, some are being ignored for being
irrelevant. While others are totally not being
enforced as it is not the priority of the police.
 CLJ 1 - Introduction to Philippine Criminal Justice System

Rationing refers to when the police selectively has been committed by the person sought to be
enforce criminal law for various reasons. arrested97.
In short, the concept of crime control [what specific
criminal law to enforce, to whom specific
individuals or group, when and how] is influenced Define search warrant.
by the rationing concept that the police
A search warrant is an order in writing issued in the
administrators are adopting.
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
D. ARREST AND SEARCH WARRANT before the court.
Define arrest.
Arrest refers to the taking of the person into custody What are the requisites for the issuance of a
in order that he be made to answer for the search warrant?
commission of the crime.
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
What is the importance of arrest in the (d) after examination under oath or affirmation of the
administration of CJS? complainant and the witnesses he may produce, and
(e) particularly describing the place to be searched
Arrest is important in the administration of Criminal
and the thing to be seized.
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. What are the personal properties to be seized?
Under the law, the court cannot proceed with the trial The following are the properties to be seized:
of the person without his presence or in absentia.
This is in consonance with the constitutional (a) Subject of the offense;
requirement that the accused must have the right to
(b) Stolen or embezzled and other proceeds, fruits of
be heard and to be informed of the cause and
the offense; or
accusation against him.96
(c) Used or intended to be used as the means of the
The only exemption when the accused's presence in
commission of the offense.
court may not anymore be required is when he has
been identified by the witness and when the accused
has already been arraigned.
What is the general rule in effecting an arrest? its
reason?
Define probable cause in effecting arrest. The general rule in effecting an arrest is simply to
make an arrest only when there is a warrant.
Probable cause with respect to arrest is such fact and
circumstances which would lead a reasonably The reason:
discreet and prudent man to believe that an offense
 CLJ 1 - Introduction to Philippine Criminal Justice System
(a) for the protection of the person making the arrest
in order not to be charged criminally for violation of
Art. 124 or Art. 125 of the R.P.C. and other related
penal laws;
(b) also, to preclude the filing of any civil and
administrative charges against the arresting officer.
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 can 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 exception to the general rule?
The exception to the general rule is provided by the
Revised Rules on Criminal Procedures.
Rule 113, Section 5. Warrantless Arrest
A police 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 just been committed and he
has probable cause to believe, based on personal
knowledge of facts and 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 temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
RULE 113, THE REVISED RULES OF
CRIMINAL PROCEDURE
Arrest
Section 2. Arrest; how made. — An arrest is made
by an 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 in
making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his
detention. (2a)
Section 3. Duty of arresting officer. — It shall be
the duty of the officer executing the warrant to arrest
the accused and to deliver him to the nearest police
station or jail without unnecessary delay. (3a)
Section 4. Execution of warrant. — 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. In case of
his failure to execute the warrant, he shall state the
reasons therefor. (4a)
Section 6. Time of making arrest. — An arrest may
be made on any day and at any time of the day or
night. (6)
 CLJ 1 - Introduction to Philippine Criminal Justice System
Section 7. Method of arrest by officer by virtue of
warrant. — When making an arrest by virtue of a
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 forcibly resists before the officer has
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 practicable. (7a)
Section 8. Method of arrest by officer without
warrant. — When making an arrest without a
warrant, the officer shall inform the person to be
arrested of his authority and the cause of the arrest,
unless the latter is either engaged in the commission
of an offense, is pursued immediately after its
commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him,
or when the giving of such information will imperil
the arrest. (8a)
Section 9. Method of arrest by private person. —
When making an arrest, a private person shall inform
the person to be arrested of the intention to arrest him
and cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped,
flees, or forcibly resists before the person making the
arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
(9a)
Section 10. Officer may summon assistance. — An
officer making a lawful arrest may orally summon as
many persons as he deems necessary to assist him in
effecting the arrest. Every person so summoned by
an officer shall assist him in effecting the arrest when
he can render such assistance without detriment to
himself. (10a)
Section 11. Right of officer to break into building
or enclosure. — An officer, in order to make an
arrest either by virtue of a warrant, or without a
warrant as provided in section 5, may break into any
building or enclosure where the person to be arrested
is or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority
and purpose. (11a)
Section 12. Right to break out from building or
enclosure. — Whenever an officer has entered the
building or enclosure in accordance with the
preceding section, he may break out therefrom when
necessary to liberate himself. (12a)
Section 13. Arrest after escape or rescue. — If a
person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him
without a warrant at any time and in any place within
the Philippines. (13)
Section 14. Right of attorney or relative to visit
person arrested. — Any member of the Philippine
Bar shall, at the request of the person arrested or of
another acting in his behalf, have the right to visit and
confer privately with such person in the jail or any
other place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right.
(14a)
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 crime of theft, robbery and the like;
(b) And for any civil and administrative liabilities.
What is the exception?
Unlike 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:
 CLJ 1 - Introduction to Philippine Criminal Justice System
(a) Warrantless search incidental to a lawful arrest
under Sec. 12 Rule 128 of the Rules 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.
RULE 126, THE REVISED RULES OF
CRIMINAL PROCEDURE
Search and Seizure
Section 7. Right to break door or window to effect
search. — The officer, if refused admittance to the
place of directed search after giving notice of his
purpose and authority, may break open any outer or
inner door or window of a house or any part of a
house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him
when unlawfully detained therein. (6)
Section 8. Search of house, room, or premise to be
made in presence of two witnesses. — No search of
a house, room, or any other premise shall be made
except in the presence of the lawful occupant thereof
or any member of his family or in the absence of the
latter, two witnesses of sufficient age and discretion
residing in the same locality. (7a)
Section 9. Time of making search. — The warrant
must direct that it be served in the day time, unless
the affidavit asserts that the property is on the person
or in the place ordered to be searched, in which case
a direction may be inserted that it be served at any
time of the day or night. (8)
Section 10. Validity of search warrant. — A search
warrant shall be valid for ten (10) days from its date.
Thereafter it shall be void. (9a)
Are the evidence obtained in violation of the rule
on arrest and search and seizure admissible in
evidence against the accused?
No, the evidence obtained in violation of the above
rule on arrest and search and seizure is not admissible
in evidence against the accused in any proceedings.
What do you call this rule not admitting these
unlawfully obtained evidence?
This rule not admitting any unlawfully obtained
evidence against the accused is referred to by the
Supreme Court as "the exclusionary rule" because
the same is said to be "the fruit of the poisonous
tree".
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? Explain.
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
 CLJ 1 - Introduction to Philippine Criminal Justice System
2. A feeling of security and safety to the law abiding
citizen.
In connection with the above, it is but only logical
that the presence of a police officer eliminates the
opportunity on the part of the would-be violator to
commit a crime. OPPORTUNITY being one of the
elements in the commission of the offense, the other
is DESIRE. By eliminating the opportunity, crime
cannot exist anymore because the two elements must
co-exist.
Other authors suggest that the presence or lack of
INSTRUMENT or TOOLS may be a consideration
if the crime can be committed. Others suggest that
the question of CAPABILITY of the would-be
offender can be an element to consider if the crime
can be committed.
However, no one can really prevent a determined
person to commit a crime.
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
identity and the location of the offender and gather
evidence of his guilt in criminal proceedings.
Who is an investigator and what are the qualities
of a good investigator?
An investigator is one who is charged with the duty
of carrying the objectives of investigation, such as:
1. identify the criminal;
2. locate the offender; and
3. provide (gather) evidence for his guilt.
The following are the qualities of a good
investigator:
1. Must have the ability to persevere despite the
obstacles and monotony of investigation;
2. Must have the ability and the intelligence to obtain
vital information easily;
3. Must be honest, incorruptible and with personal
integrity;
4. Must have a knowledge of the psychology of
human behavior;
5. Must have sufficient understanding of people and
their environment;
6. Must have a keen power of observation and
memory retention to accurately describe what he had
seen.
7. Must be resourceful and quick-witted.
8. Must have adequate or general understanding of
the Rules on Evidence and Rules of Procedure and
elements of specific crimes under investigation.
G. CRIME PREVENTION
Define crime prevention.
Crime prevention is simply defined as the
elimination or reduction of the desire and/or
opportunity to commit a crime. However, the crime
prevention function is being ignored by police
officers because this will not reflect as hard data in
their individual performance.
 CLJ 1 - Introduction to Philippine Criminal Justice System
On the other hand, it is easily understandable that an
individual police officer's focus on law enforcement
function like arrest and actual encounters with
offenders will certainly be reflected in their
individual records of accomplishment
(commendation, etc.) for promotion purposes or
performance evaluation.
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. This police-
community partnership is referred to as the concept
of Community-Oriented Policing Service (COPS).
The police should be able to help the community
organized itself. The community should be
strengthened and organized against crime. 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,
It is only when the police are fully supported by the
community that they shall be truly effective in their
crime prevention, investigation and law enforcement
functions.
What must the police do in order to enhance its
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;108
(c) Constant dialogue and meetings with the
barangay officials in their respective territorial
jurisdictions;
(d) Community service oriented policing 109
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.
By the very nature of their work, police officers
normally make critical decisions involving the life,
liberty, honor and property of citizens. And these
require discretion on their part.
Sometimes, police discretion is a matter of life and
death vis-à-vis condemnation choice.
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
 CLJ 1 - Introduction to Philippine Criminal Justice System

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 filed.