What is Law?
recognize, respect, and protect the rights of
● LAW – is a Norse word, it is legally defined as a
rule of conduct, just and made obligatory by
legitimate authority for the general welfare and
benefit of all people.
● This is in connection with the famous legal Latin
maxim which states that SALUS POPULI EST
SUPREMA LEX; or THE SAFETY OF THE
PEOPLE IS THE SUPREME LAW.
● Law - serves as a variety of functions.
The Philippine Legal System
● The Philippine legal system is aptly described as
a blend of customary usage, and Roman (civil law)
and Anglo-American (common law) systems.
● Common law is a body of unwritten laws based
on legal precedents established by the courts.
● Civil law is a comprehensive, codified set of legal
statutes created by legislators. A civil system
clearly defines the cases that can be brought to
court, the procedures for handling claims, and the
punishment for an offense.
The main sources of Philippine law are:
1. The Constitution - the fundamental and supreme
law of the land.
○ The Constitution of the Philippines - provides that
the Republic of the Philippines is “a democratic and
republican state,” a representative government
whose public officials derive their mandate from the
people, act on their behalf, and are at all times
accountable to them on the principle that their
office is a public trust.
2. Criminal Law-
• It is defined as the branch of public law which defines
crimes, treats of their nature and provides for their
punishment.
• Act No. 3815 – The primary source of criminal law in
the Philippines. It is otherwise known as the Revised
Penal Code and it took effect on January 1, 1932.
3. Statutes
o Including Acts of Congress, municipal charters,
municipal legislation, court rules, administrative rules
and orders, legislative rules and presidential
issuances.
4. Treaties and Conventions - these have the
same force of authority as statutes.
5. Judicial decisions - Art 8 of the Civil Code
provides that ‘judicial decisions applying to or
interpreting the laws or the Constitution shall form a
part of the legalsystem of the Philippines’. Only
decisions of its Supreme Court establish
jurisprudence and are binding on all other courts.
6. To some extent, customary law also forms part
of the Filipino legal system. Art 6, para 2 of the
Constitution provides that ‘the State shall
indigenous cultural communities to preserve and
develop theircultures, traditions and institutions’.
7. The primary sources of Muslim law / Shariah are
theQuran, Sunnah, Ijma and Qiyas.
THE THREE BRANCHES OF THE
GOVERNMENT
There are three equal branches of government:
1. Legislative;
2. Judicial; and
3. Executive
● These three operate under the doctrine of
separation of powers and a system of checks and
balances.
1. Executive branch -is charged with the faithful
execution of laws. This entails the prerogative to
choose who to prosecutefor criminal violations,
as well as the apprehension and punishment of
lawbreakers. The executive branch also has the
power to grant reprieves, commutations, and
pardons andto remit fines and forfeitures after a
final judgment of convictionhas been issued by a
court.
2. Legislative branch - In the Philippines, the
power to propose, enact, amend, and repeal laws is
vested primarily in Congress. Congress consists of
the Senate and House of Representatives.
The Constitution also provides certain mechanisms
by which people can directly propose and enact
laws, or approve or reject any act or law passed by
Congress or local legislative bodies.
3. Judiciary branch- is the branch of government
that is engaged in
dispute resolution. The judiciary is the only agency
that has the power to
interpret the law when it isunclear or susceptible to
different interpretations.
HIERARCHY OF PHILIPPINE LAWS THE
PHILIPPINE CONSTITUTION occupies the highest
level in the hierarchy of laws of the
Philippines. “MOTHER OF ALL LAWS”
Statutes (National Laws Ex: Acts, Commonwealth
Acts, Batas Pambansa, RA, PD, EO.)
Treatise (Agreements, International Laws)
Ordinances by LGU (Provided that they are
consistent with national law.
MODULE 2:
Concept of Crime and Justice

What is crime?
● Crime is an act or omission punishable by law
forbidding or commanding it.
● Based on the Theory of Logomacy there is no
crime if there is no law punishing such act.That is
why it is very important for us to define first what
law is all about.
What is Law?
● Law – is defined as the rule of conduct, just
made obligatory by legitimate authority for
the general welfare and benefit of all the
people.
Sources of Philippine Criminal Law:
1. The Revised Penal Code (Act No. 3815) and its
amendments.
2. Special Penal Laws passed by the Philippine
Commission, Philippine Assembly,Philippine
Legislature, National Assembly, the Congress of
the Philippines, and the Batasang Pambansa.
3. Penal Presidential Decrees issued during
Martial Law.
Is the court decision is sources of criminal law?
● Take Note: Court decisions are not sources of
criminal law, because they merely explain the
meaning of, and apply, the law was enacted by the
legislative branch of the government.Power to
define and punish crimes
● The State has the authority, under its police
power, to define and punish crimes and to lay down
the rules of criminal procedure. States, as a part of
their police power, have a large measure of
discretion in creating and denning criminal
offenses. (People vs. Santiago, 43 Phil. 120, 124)
Limitations on the power of the law-making
body to enact penal legislation.
● The Bill of Rights of the 1987 Constitution
imposes the following limitations:
 No ex post facto law or bill of attainder shall be
enacted. (Art. Ill, Sec.22)
 No person shall be held to answer for a criminal
offense without due process of law. (Art. Ill, Sec.
14[1])
 The first limitation prohibits the passage of
retroactive laws which are prejudicial to the
accused.
 Congress is also prohibited from passing an act
which would inflict
punishment without judicial trial, for that would
constitute a bill of attainder.
What is an Ex-post Facto Law?
 Derive from the Latin for "from a thing done
afterward." It is used to refer a criminal statute that
punishes actions retroactively, thereby criminalizing
conduct that was legal when originally performed. It also
makes criminal an act done before the passage of the
law, and which was innocent when done and punishes
such an act.
What is Bill of Attainder?
 Is a legislative act which inflicts punishment
without trial. Its essence is the substitution of a
legislative act for a judicial determination of
guilt. (People vs. Ferrer, 48 SCRA 382, 395)
What is Criminal Law?
 Criminal Law- is that branch or division of
law which defines crimes, treats of their
nature, and provides for their punishment.
Three Characteristics of Criminal Law
1. General, in that criminal law is binding on all
persons who live or sojourn in Philippine territory.
(Art. 14, new Civil Code)
● Exceptions to the General application of
Criminal Law:
 Treaties and Preferential Application
 Persons exempt from the operation of our
criminal laws by virtue of
the principles of public international law.
The following are not subject to the operation of
our criminal laws:
o Sovereigns and other chiefs of state.
o Ambassadors, minister’s plenipotentiary,
minister’s resident, and charges d'affaires
2. Territorial, in that criminal laws undertake to
punish crimes committed within Philippine territory.
The principle of territoriality means that as a rule,
penal laws of the Philippines are enforceable only
within its territory. The law is binding to all crimes
committed within the National Territory of the
Philippines.
 Terrestrial- jurisdiction exercised over land
 Fluvial – over maritime and interior waters
 Aerial – over the atmosphere
Exception:
It can still be applied under the following
conditions:
 Should commit an offense while on a Philippine
ship or airship.
 Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands;
 Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number;
 While being public officers or employees, should
commit an offense in the exercise of their functions;
or
 Should commit any of the crimes against
national security and the law of nations, defined in
Title One of Book Two of this Code.
3. Prospective, in that a penal law cannot make an
act punishablein a manner in which it was not
punishable when committed. As provided in
Article 366 of the Revised Penal Code, crimes are
punished under the laws in force at the time of their
commission.
Exceptions to the prospective application of
criminal laws:
Whenever a new statute dealing with crime
establishes conditions more lenient or favorable to
the accused, it can be given a retroactive effect.
Exception to the exception
This exception has no application:
● Where the new law is expressly made
inapplicable to pending actions or existing causes
ofaction. (Tavera vs. Valdez, 1 Phil. 463, 470-471)
● Where the offender is a habitual criminal under
Rule 5, Article 62, Revised Penal Code
(Art.22,RPC)
What is Mala In Se?
 The act is wrong from its very nature and
criminal intent is an element for mala in se. Good
faith is a valid defense unless the crime is the result
of culpa. Crimes under the Revised Penal Code are
mala in se in nature. Thus, intent is an element.
What is Mala Prohibita?
 The act is wrong because it is prohibited by
law. Criminal intent is not material but still requires
intelligence and voluntariness. Usually, special laws
are Mala Prohibita. However, there are special laws
that are mala in se in nature. E.g, RA 8353, “The
New Rape Law”
MODULE 3:
Concept of Criminal, Victim, and
Victimization Theories
Who is a Criminal?
 A person who committed a crime and convicted
by final judgment. The term criminal is used both
in layman and legal perspective.
 the legal sense, criminal refers to any person
who has been found to have committed a
wrongfulact in the course of the standard judicial
processes.
 In the criminology sense, a person is already
considered as the criminal the moment he
committedany anti-social act even without
conviction.
What is Victimology?
● Victimology is the scientific study of the
psychological effects of crime and the relationship
between victims and offenders
Theories of Victimization
 Theory of Victimization deals with the role that
the victim plays in the Criminal event.
1. VICTIM PRECIPITATION THEORY
 Main Concept : According to victim
precipitation theory, some people may
actually initiate theconfrontation that eventually
leads to their injury or death.
 Victim Impulsivity: A number of research
efforts have found that both male and female
victims have an impulsivepersonality that might
render them abrasive and obnoxious,
characteristics that might incite victimization.
2. LIFESTYLE THEORY
 Some criminologists believe people may
become crime
victims because their lifestyle increases their
exposure to criminal offenders.
 Examples:
 Single women who drink frequently and have a
prior history of being sexually assaulted are most
likely to be assaulted on [college] campus.
 People who belong to groups that have extremely
risky lives— homeless, runaways, drug users—are
at high risk for victimization; the more time they are
exposed to street life, the greater their risk of
becoming crime victims.
3. DEVIANT PLACE THEORY
 The more often victims visit dangerous places,
the more likely they will be exposed to crime and
violence. Victims do not encourage crime but are
victim prone because they residein socially
disorganized high-crime areas where they have
the greatest risk of coming into contact with criminal
offenders, irrespective of their own behavior or
lifestyle.
4. ROUTINE ACTIVITIES THEORY
 The volume and distribution of predatory crime
(violent crimes against a person and crimes in
which an offender attempts to steal an object
directly) are closely related to the interaction of
three variables that reflect the routine
activities of the typical American lifestyle:
a. The availability of suitable targets, such as
homes containing easily saleable goods.
b. The absence of capable guardians, such as
police, homeowners, neighbors, friends, and
relatives. Even the most desperate criminal might
hesitate to attack a well-defended target an
undefended, yet attractive target (not referring to
sexual) becomes an irresistible objective for
motivated criminals.
c. The presence of motivated offenders, such as a
large number of unemployed teenagers.
What is the different designation of a person under
the pillars of Phil. Criminal Justice System?
Law Enforcement/ Police
At this stage a person is called
SUSPECT.
Prosecution
At this stage a person is called
RESPONDENT.
Court
At this stage a person is called
ACCUSED.
Correction
At this stage a person is called
CRIMINAL.
Community
At this stage a person is called EX
CONVICT. Graduate of pinnal
institution
MODULE 6:
Law Enforcement Pillar (Arrest,
Search and Seizure and
Entrapment)
What is Law Enforcement Pillar?
● Law Enforcement or Police
 refers to any system by which members of the
society act in an organized manner to enforce
the law by discovering, deterring, rehabilitating,
or punishing people, who violate the rules and
norms governing that society.
Who is a law enforcement officer?
● Law enforcement officer- is someone who
enforces a law by discovering, deterring,
rehabilitation or punishing people who violate
the rules and norms governing that society
Take Note:
The Law Enforcement or Police Pillar of CJS,
conducts arrest, search, and seizure that’s why it is
considered as the PRIME MOVER and FRONT
LINER of the CJS.
The Different Police Activities: P.R.A.S.I.P
P- revention of Crime;
 It is intended to determine and prevent the root
cause of crime.
R- epression or Suppression of Crime;
 It is done to reduce the opportunity of
committing a crime.
A- pprehension of Offenders;
S- earch and Seizure;
I- nvestigation of Crime;and
P- rotection of lives and properties
What is the primary law enforcement agency in
the Philippines?
 In the country, the primary law enforcement or
police agency is the PNP or Philippine National
Police.
Legal Foundations of Police (PNP)
I. Article XVI Sec. 6 of the 1987 Philippine
Constitution.
o It provides that “The State shall establish and
maintain one police force, which shall be national in
scope and civilian in character, to be administered
and controlled by a national police commission.
The authority of the local executives over the police
units in their jurisdiction shall be provided by law.”
II. Republic Act No. 6975
o An Act Establishing the Philippine National
Police under a reorganized Department of the
Interior and the Local Government (DILG), and for
other purposes also known as the
DILG Act of 1990, as amended by Republic Act
8551 and Republic Act No. 9708 on Dec. 13, 1990.
III. Republic Act No. 8551
o An Act providing for the reform and
reorganization of the Philippine National Police and
for other purposes, amending certain provisions of
R.A No. 6975. This Act is also known as the PNP
Reform and Reorganization Act of 1998, as
amended by the Republic Act No. 9708.
IV. Republic Act No. 9708
o An Act Extending for 5 years the reglementary
period for complying with the Minimum Educational
Qualification for Appointment to the Philippine
National Police and Adjusting the Promotion
System. Amending the pertinent provisions of R.A
No. 6975 and R.A No. 8551.
Take note:
● The work of the PNP is the prevention and
control of crimes, enforcement of laws, and
affecting the arrest of offenders, including the
conduct of lawful searches and seizures to gather
necessary evidence so that a complaint may be
filed with the Prosecutor's Office.
What is arrest?
 Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
● How is Arrest 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.
Section 2. Rule 113 of the Revised Rules on
Criminal Procedure
 Provides for the manner, time and conduct of
arresting a person who committed a crime.
General Rule in Conducting Arrest:
In conducting arrest there must be a valid
WARRANT OF ARREST.
 All arrests should be made only on the basis of
a valid Warrant of Arrest issued by a competent
authority, except in instances where the law allows
warrantless arrest.
 No violence or unnecessary force shall be
used in making an arrest, and the person to be
arrested shall not be subjected to any greater
restraint than what is necessary under the
circumstances.
Basis of Warrant of Arrest:
According to Art. III, Sec. 2 of the 1987
Philippine Constitution it states that
“The right of the people to be secured in their
persons, houses, and papers, effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable and
no search warrant or warrant of arrest shall be
issue except upon probable cause to be
determined personally by the judge after the
examination under oath or affirmation of the
complainant and the witnesses that may be
produced, and particularly describing the place to
be searched and the persons to be seize.”
Warrant of Arrest
 Is a written authority or order in writing
issued in the name of the People of the
Philippines, signed by the judge and directed to a
peace officer commanding him to arrest a person
or persons stated therein and deliver them before
the court.
WHEN IS AN ARREST WITHOUT WARRANT
LAWFUL?
1. When, in his presence, the person to be arrested
has committed, is
actually committing, or is attempting to commit an
offense; IN FLAGRANTE DELICTO
(caught in the act)
2. When an offense has just been committed and
he has probable cause to
believe based on personal knowledge of facts or
circumstances that the
person to be arrested has committed it;
HOT PURSUIT
3. When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending or
has escaped while being transferred from one
confinement to another. ESCAPEE
SIGNIFICANT TERMS:
● What is a Citizen’s Arrest?
 A warrantless arrest that can be effected by a
private individual or a citizen.
● What is Alias Warrant?
 A second writ of execution replacing the first
one due to expiration
● What is a John Doe Warrant?
 A warrant for the apprehension of a person
whose true name is unknown.
What is Search and Seizure?
● Search in criminal law,
 Is used to describe a law enforcement agent’s
examination of a person’s home, vehicle, or
business to find evidence that a crime has been
committed.
● Seizure happens if the officers take possession
of items during the search.
General Rule in Conducting Search and
Seizure:
 In every search there must be a valid SEARCH
WARRANT.
What is Search Warrant?
o Is a written authority or order in writing issued in
the name of the People of the Philippines, signed
by the judge and directed to a peace officer
commanding him to search for a personal property
described therein and bring it before the court.
WHEN IS THE SEARCH OR SEIZURE
UNREASONABLE?
 A search and seizure is unreasonable if it is
made without a search warrant, or the warrant
wasinvalidly issued.
Who Issues a Warrant of Arrest and Search
Warrant?
 Only judges are authorized to issue Warrants
of Arrest and Search Warrants.
What is probable cause?
Probable cause - is a well-founded belief that a
crime has been committed and the respondent is
probably guilty thereof and should be held for trial.
(Sec.1, Rule 112, Revised Rules on Criminal
Procedure).
WHAT ARE THE THREE SITUATIONS WHEREIN
THERE MUST BE FINDING OF PROBABLE
CAUSE?
1. Probable cause in filing of information
2. Probable cause in the issuance of a search
warrant
3. Probable cause in the issuance of a warrant of
arrest
Entrapment vs Instigation
● Entrapment
o is the employment of such ways and means for
the purpose of trapping or capturing a
lawbreaker.
● Instigation
o is the means by which the accused is lured
into the commission of the offense charged
inorder to prosecute him.
 As has been said, instigation is a “trap for
the unwary innocent,” while entrapment is a
“trap for the unwary criminal.”
MODULE 7:
Law Enforcement Pillar
Philippine National Police
and other Law Enforcement Agencies
PNP is the primary police force since:
1. It is mandated by Constitution (Art 16, Sec 6)
– National in scope (one police force – merge INP
and PC) and civilian in character (it is not
connected with military);
2. There may be other agencies whose function is
the same with PNP, but they are working specific
functions not like PNP which we can consider
as junk of all work loads and the first legally
authorized person whom individuals may contact in
cases of any emergencies or incidents.
What are the law enforcement agencies in the
country other than PNP?
● National Bureau of Investigation (NBI)
● Philippine Center on Transnational Crime (PCTC)
● Philippine Coast Guard (PCG)
● Bureau of Immigration
● PDEA
National Bureau of Investigation or NBI
● Is an agency of the Philippine government
under the Department of Justice, responsible for
handling and solving major high-profile cases that
are in the interest of the nation.
● Headed by a Director who shall be appointed
by the President ofthe Philippines with the consent
of the Commission on Appointmentsof the
Congress of the Philippines.

FUNCTON:
o It undertakes efficient detection and investigation
of crimes and other offenses
against the laws of the Philippines upon its own
initiative and as public interest
may require, renders technical assistance upon
request in the investigation and
detection of crimes and other offenses, coordinates
with other national and
local police agencies in the maintenance of peace
and order, and establishes
and maintains an up-to-date scientific crime
laboratory.
.Philippine Center on Transnational Crime
(PCTC)
● It handles crimes related and considered as
transnational crime; crimes that transcend beyond
borders.
● The PCTC is under the Office of the President.
● The Executive Director has immediate
supervision and control over all units of the PCTC.
As such, he is authorized to designate duties and
functions of all units and personnel of the PCTC.
Transnational Crimes
 Transnational crimes are crimes that have
actual or potential effect across
national borders and crimes that are intrastate but
offend fundamental values
of the international community.
What are examples of Transnational Crimes
according to PCTC?
1. Illicit trafficking of narcotic drugs and
psychotropic substances;
2. Money laundering;
3. Terrorism;
4. Arms Smuggling;
5. Trafficking in Persons;
6. Piracy; and
7. Other crimes that have an impact on the stability
and security of the
country.
● It is an agency attached to the Department of
Transportation of the
Philippines.
● The Philippine Coast Guard is led by the
Commandant of the
Philippine Coast Guard, and directly reports to the
Secretary of Transportation in maritime law
enforcement, and also reports to the Chief of the
Navy in wartime.
Bureau of Immigration
 Also known between 1972 and 1987 as the
Bureau of Immigration and Deportation,
 The Bureau of Immigration (BI) is principally
responsible for the administration and
enforcement of immigration, citizenship, and
alien admission and registration laws in
accordance with the provisions of the Philippine
Immigration Act of 1940.
 HEAD: Commissioner PDEA
 Philippine Drug Enforcement Agency is the
lead anti-drug law enforcement agency, responsible
for preventing, investigating and combating any
dangerous drugs, controlled precursors and
essential chemicals within the Philippines.
 The agency is tasked with the enforcement of
the penal and regulatory provisions of Republic Act
No. 9165 (R.A. 9165), otherwise known as the
Comprehensive Dangerous Drugs Act of 2002.
 It is also the is the implementing arm of the
Dangerous Drugs Board (DDB).
 PDEA and DDB are both under the supervision
of the Office of the President of the Philippines.

Philippine Coast Guard (PCG)

● Is an armed and uniformed service tasked
primarily with enforcing laws within Philippine
waters, conducting maritime security operations,
safeguarding life and property at sea, and
protecting marine environment and resources.
● The Coast Guard also serves as an attached
service of the Armed
Forces of the Philippines in wartime.