BINAVENTE, EMILY P.

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CHAPTER II LAW ENFORCEMENT

THE FIRST PILLAR IN THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM (CJS)

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 inrelation 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.
To apprehend and arrest offenders.
This function includes crime investigation and gathering of evidences that could withstand the
scrutiny of the court.
(d) To protect the life and property
Protecting life and property is
purpose why the PNP was created.
e. To regulate non-criminal conduct.
This involves the community service and the maintenance

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
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 CommissionCAAP - 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 on 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 19980
Under this law, the PNP shall be a community and service oriented agency responsible for the maintenance of peace and public
safety.81

In reorganizing the PNP, what criteria were followed by the National Police Commission (NAPOLCOM) in its implementation?
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 arrest, search and seizures in accordance with the Constitution and pertinent laws;
(e) Detain an arrested person for a period not beyond what is prescribed by laws, 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 professions87; and
(h) Perform such other duties and exercise all other functions as may be provided by law.88

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.

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.

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 expect also 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. 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 so as 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.

 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 fire 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 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 pariance 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 law 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 has to 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.

Rationing refers to when the police selectively enforces criminal law for various reasons.

In short, the concept of crime control [what specific criminal law to enforce, to whom specific individuals or group, when and how]
is influenced by the rationing concept that the police administrators are adopting.

D. Arrest and Search Warrant

Define arrest.
Arrest refers to the taking of the person into custody in order that he be made to answer for the commission of the crime."
What is the importance of arrest in the administration of CJS
Arrest is important in the administration of Criminal 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.

Under the law, the court cannot proceed with the trial of the person without his presence or in absentia. This is in consonance with
the constitutional requirement that the accused must have the right to be heard and to be informed of the cause and accusation
against him.

The only exemption when the accused's 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.

Define probable cause in effecting arrest.

Probable cause with respect to arrest is such 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 arrested97

Define search warrant.

A 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.98

What are the requisites for the issuance of a search warrant?

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
(d) after examination under oath or affirmation of the complainant and the witnesses he may produce, and
(e) particularly describing the place to be searched and the thing to be seized.

What are the personal properties to be seized?

The following are the properties to be seized:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, fruits
of the offense; or
(c) Used or intended to be used as the means of the commission of the offense.
What is the general rule in effecting an arrest? its reason? The general rule in effecting an arrest is simply to make an arrest only
when there is a warrant.

The reason:
(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 has the 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 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.

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 exception to the general rule on
search warrant, to wit:
(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.
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. 102

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" 103 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
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. 105

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; their environment;
5. Must have sufficient understanding of people and their with the evidence of
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. the duty of
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.
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, 106

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. 107

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 conducting service oriented policing by 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, 111
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 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 Enforcement¹¹).
(b) Whether or not to investigate.¹¹³
(c) Whether or not to conduct search of people 114
or building. (d) Whether or not to effect an arrest. 115
(e) To determine what charges are to be filed. 116
 CHAPTER III PROSECUTION
THE SECOND PILLAR OF THE CRIMINAL JUSTICE SYSTEM

What is the prosecution as a pillar of the CJS?

The Prosecution as the pillar of the CJS simply pertains to "a criminal action". Furthermore, it refers to a proceeding instituted and
carried on by due course of law, before competent tribunal, for the purpose of determining the guilt or innocence of a person
charged with a crime.
"It is also used to designate the government as the party to the proceeding in a criminal action.
In a criminal case, it is also referred to as the process by which formal criminal charges are brought against a person accused of
committing a crime.118

How is prosecution of criminal offenses initiated in the Philippine setting?

For offenses that requires preliminary investigation, the criminal complaint is instituted by the filing at the Office of the
Public Prosecutor (Metro Manila or Chartered Cities or in the Provinces).

For offenses that do not require preliminary investigation the same shall be filed at the Office of the Public Prosecutor
the provinces, the same may be filed directly with the court (Municipal Trial Courts or Municipal Circuit Trial Courts).

For the so-called private crimes, the same cannot be instituted unless the private offended gives the consent or initiates the filing of
the complaint against the offender or in the absence or incapacity of the offender to initiate the filing of the complaint, by those
enumerated under the rules.
For offenses whose penalty do not exceed imprisonment of one (1) year regardless of fine, and the offender is not a corporation, the
same shall undergo the required conciliation proceedings at the Katarungang Pambarangay (Barangay Justice System).

In our setting, who conducts the prosecution?

In our setting, the prosecutor is the government officer
tasked to conduct the prosecution of criminal actions in court. The Revised Rules of Court expressly provides that the prosecution
has the direction and control of the case. Although, in the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor
is absent, the offended party, any peace officer, or public officer charged with enforcement of the law violated may prosecute the
case. But such authority shall cease upon actual intervention of the prosecutor or upon elevation to the Regional Trial Court.

Who is being represented by the prosecutor in the prosecution of the case?

In criminal prosecution, the public prosecutor represents the State or the People of the Philippines. 120 This is so because the real
offended party is the people of the Philippines, for a crime is an outrage against, and its vindication is in favor of the people of the
Philippines. The offended party in criminal prosecution is merely a witness; mere collateral, for the crime that was committed by the
accused is not against the offended party but against the people of the Philippines.

A. Prosecutor's Role
What are some of the roles of the prosecutor?
The following are some of the role of the prosecutors:
(a) To conduct preliminary investigation;
(b) To make proper recommendation during the inquest proceedings of the case referred to them by the police after the
investigation of the suspect;
(c) To represent the government or state during the
prosecution of the case against the accused;
(d) To act as a legal officer of the province or city in the absence of its legal officer;
(e) To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors, including the support staff of the
National Prosecution Service (NPS), 121

In the administration of CJS, what is the role of the prosecutor

The prosecutor perhaps plays the most crucial role in the administration of criminal justice system because the office occupies a
central and very important position between the police and the courts. The prosecutor is the person responsible in determining
whether or not to bring formal charges against persons suspected of committing crimes and be brought to a judicial proceeding. The
public prosecutor decides whether to prosecute the case or not. Hence, even some authors refer to him as the "traffic cop" of the
criminal justice process." 122

B. Preliminary Investigation Define preliminary investigation.

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded
belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial, 123
In general, what are the purposes of preliminary investigation?
In general, the preliminary investigation has a three-fold purpose:
(a) To inquire concerning the commission of crime and the connection of the accused with it, in order that he may be informed of
the nature and character of the crime charged against him, and if there is probable for believing him guilty, that the state may take
the
(b) To preserve the evidence and keep the witness within the control of the state; and
(c) To determine the amount of bail, if the offense is bailable, 124

What are the principal purposes of preliminary investigation?

The following are the principal purposes of preliminary investigation:
1. To determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty
thereof;
2. To secure the innocent against hasty, malicious and oppressive prosecution;
3. To protect him from an open and public accusation of a crime, from the trouble, expense, anxiety of a public trial; and 4. To
protect the state from useless and expensive trials, 125

When can there be preliminary investigation?

A preliminary investigation is required to be conducted before the filing of the Complaint or Information for an offense where the
penalty prescribed by law is at; least four (4) years, two (2) months and one (1) day without regard to the fine.there an instance
when preliminary investigation is not required even if the crime is one that requires preliminary investigation?
Yes, when the offender was arrested without a warrant," 127 an INQUEST investigation will be conducted by the inquest investigator.
There is no need to conduct a preliminary investigation, unless the person arrested asks for preliminary investigation. However,
before the same can be done, he must sign a waiver under the provision of Article 125129 of the Revised Penal Code. 130
Is preliminary investigation a constitutional right?
No, preliminary investigation is not a constitutional right. It is merely a statutory right.

Can it be waived?
Yes, since it is merely a statutory and personal right, it can be waived either expressly or by implication. When the accused failed to
invoke his/her right to preliminary investigation before or at the time of the arraignment, he/she is deemed to have waived his/her
right to preliminary investigation. 131

Is preliminary investigation a matter of right?

Preliminary investigation is a matter of right only when the crime committed is punishable by a penalty of at least four (4) years. Two
(2) months, and one (1) day regardless of the amount of fine. Otherwise it is not.

What is the effect if preliminary investigation is not accorded to the respondent or the accused?
Denial of preliminary investigation to the accused or the respondent when proper shall be considered a violation of due process
because preliminary investigation is a component part of due process in criminal justice. The right to a preliminary investigation is a
substantive right.133

C. Persons authorized to conduct preliminary investigations

Who are the persons authorized to conduct preliminary investigation?

The following are the officers authorized to conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law,

Give an example of other officers authorized by law to conduct preliminary investigations.

They are the following:
1. The Ombudsman and special prosecutor and public prosecutors duly authorized by the Ombudsman with respect to cases under
its

What would be the effect of the above discretion of the prosecutor over the police's performance of their duty? Although the
prosecutor has no direct control over the police, this power to decline prosecution may affect the way
police operate. If the prosecutor often refuses to prosecute certain types of cases, the police may stop making the arrests when
suspects appear to have violated those offenses. On the other hand, vigorous prosecution of some kinds of offenses might
encourage the police to be more diligent in arresting for those offenses.
Is it possible to interfere or to control the prosecutorial discretion?
No, as a general rule, and in the line of cases, even the Supreme Court is reluctant to interfere in the exercise of the prosecutorial
discretion. This is in deference to the Doctrine of Separation of Powers between co-equal branches of the government; Save in some
instances when the prosecutor is alleged to have gravely abused the exercise of his discretion amounting to lack or excess of
jurisdiction. 145

Is there a remedy available should the prosecutor without just cause decline to prosecute a crime?
The following are the remedies available:
(a) File a motion for reconsideration;
(b) File an administrative appeal with the Secretary of Justice;
(c) File an administrative case against the (d) File a civil case against the prosecutor (e) File a special civil action for grave abuse (1)
File a criminal case against the prosect

E. Bail What is bait?

Bail is the security given for the release of the person in the custody of the law, furnished by him or the bondsman, to guarantee his
appearance before any court as required under
the conditions as specified,

When is bail a matter of right?

(a) At the Municipal Trial Courts, Municipal Circuit Trial Courts and Metropolitan Trial Courts, all persons in custody shall be admitted
to bail as a matter of right before or after conviction.
(b) At the Regional Trial Court, all persons in custody shall be admitted to bail as a matter of right before conviction of an offense not
punishable by death, reclusion perpetua, or life imprisonment."hen is bail a matter of right?

When is bail discretionary?

Upon conviction at the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment, the
admission to bail shall be discretionary."

Who decides when bail should be granted or not?

The decision whether or not bail should be granted when bail is discretionary is solely a court's prerogative based on the strength of
the evidence at hand, the gravity of the offense and the character or risk that the accused will commit another crime or escape,
among others."

Where should the bail be posted?

As a rule, bails should be filed only before the court, which has jurisdiction over the case of the accused, who was arrested or under
the custody of the law. As an exception, bail may be posted or filed before the court of the place where the accused was arrested
other than the court where his case was filed. In some instances, when there is no available Regional Trial Court in the place, the bail
may be filed at the Municipal Trial Court or Metropolitan Trial Court of the place where the accused was arrested.

May the bail be filed in a court other than the court where the case is filed?
Yes. (See the immediately preceding answer.)

What is the purpose of bail?

The purpose of bail is to secure the appearance of the accused before the court when so required. And of course, to provide the
accused of his temporary liberty while awaiting the processing and the disposition of the case filed against him.
What are the different kinds of bail bond? The following are the kinds of bail bond:
1. Property
2. Cash
3.Corporate Surety
4.Recognize