module 1: historical background of law

Cri 161: introduction to Philippine criminal justice system

Bs criminology │Second sem │pre-lim

• 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.
What is • This is in connection with the famous legal Latin maxim which states that SALUS
law? POPULI EST SUPREMA LEX; or THE SAFETY OF THE PEOPLE IS
THE SUPREME LAW.
• Law serves as a variety of functions.

Take note : “Law must be obeyed and followed by citizens subjects to sanctions or legal consequence is a law.”

• The Philippine legal system is aptly described as a blend of customary usage, and
Roman (civil law) and Anglo-American (common law) systems.
The Philippine • The civil law operates in areas such as family relations, property, succession, con-
tract and criminal law while statutes and principles of common law origin are evi-
legal system dent in such areas as constitutional law, procedure, corporation law, negotiable
instruments, taxation, insurance, labor relations, banking and currency.
• In some Southern parts of the islands, Islamic law is observed.

The Main sources of Philippine Law are:

• The fundamental and supreme law of the land.
• The Constitution of the Philippines - provides that the Republic of
1. the constitution the Philippines is “a democratic and republican state,” a representative govern-
ment whose public officials derive their mandate from the people, act of their be-
half, and at all times accountable to them on the principle that their office is a
public trust.
• It is defined as the branch of public law which defines crimes, treats their nature and
provides for their punishment.
2. Criminal law • 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.
• Including Acts of Congress, Municipal Charters, Municipal Legislation, Court Rules,
Administrative Rules and Orders, Legislative Rules and Presidential Issuances.
• During periods when the executive exercised legislative powers, presidential
issuances have also been considered Statutes.
• Enacted by the legislative branch. (Ex: Acts, Commonwealth Acts
Batas Pambansa, and Republic Acts (RA), Presidential
Decrees (PD), and Executive Orders (EO).)
• Local Government Ordinances, which are passed by local legisla-
tive bodies, are also Considered Laws that apply within the jurisdiction of
3. statutes the local government unit that passed them, provided that they are consistent with
national laws.
• Acts and Public Acts - Statute enacted by the legislature from 1899
to 1935.
• Commonwealth Act - Statutes enacted from 1935 to 1941.
• Republic Acts - Statutes enacted from 1946 to 1972 and from 1987
until now.
• Bata Pambansa or National Law - Statutes passed by the legisla-
ture from 1978 to 1984.

4. treaties and • These have the same force of authority as statutes.

convections
 • Art 8 of the Civil Code provides that judicial decisions applying to or interpreting
5. Judicial the laws or the Constitution shall form a part of the all system of the Philippines.
decisions • Only decisions of its Supreme Court establish jurisprudence and are binding on all
other courts.
• To some extent, customary law also forms of the Filipino legal system.
6. • Art 6, para 2 of the Constitution provides that ‘the State shall recognize, respect,
and protect the rights of indigenous cultural communities to preserve and develop
their cultures, traditions and institutions’.
7. • The primary sources of Muslim law/ Shariah are the Quran, 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.
Is charged with the faithful execution of the laws.
•
This entails the prerogative to choose who to prosecute for criminal violations, as
•
well as the apprehension and punishment of lawmakers.
1. Executive branch • The executive branch also has the power to grant reprieves, commutations, and
pardons and to remit fines and forfeitures after a final judgement of conviction has
been issued by a court.
• In the Philippines, the power to propose, enact, amend, and repeal laws is vested
primarily in Congress.
2. legislative • Congress consists of the Senate and House of Representatives.
branch • 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.
• Is the branch of government that is engaged in dispute resolution.
3. judiciary Branch • The judiciary is the only agency that has the power to interpret the law when it is
unclear 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’s
(Provided that they are consistent with national laws.)
Philippine constitution - it is enacted by the legislative branch and have the next highest precedence.
President - the person who has the power to grant reprieves, commutations, and pardons.
Act no. 3815 - it is considered as the primary source of law in the Philippines.
The welfare of the people is the supreme law - the Latin “maxim Salus populi est suprema lex”
Law - 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.
Philippine constitution - considered as the mother of all laws.
Judiciary branch - the branch of the government that has the power to interpret the la when it is unclear or
susceptible to different interpretations.
Criminal law - it is defined as the branch of public law which defines crimes, treats their nature and provides
for their punishment.
Statutes - this includes Acts of Congress, municipal charters, municipal legislation, courts rules, administrative
rules and orders, legislative rules and presidential issuances.

Frequently asked questions?

Q1. Other than the Act 3815 (RPC), are there other laws which form part of criminal law?
• yes, we have special penal laws created by the legislative branch of the government.

Q2. What was the first law ever made concerning the Philippines?
- Philippine Act of 1902. The first law passed by the U.S Congress concerning the government of the
Philippines was the Cooper Act, better known as the Philippine Act of 1902. It was passed by Con-
gress on July 1, 1902.
 module 2: concept of crime and justice
Cri 161: introduction to Philippine criminal justice system
Bs criminology │Second sem │pre-lim

Concept of crime and justice

• Is in act or omission punishable by law forbidding or commanding it.
crime

Theory of • Based on the Theory of Logomacy there is no crime if there is no law punishing such
act.
logomacy
• Is defined as the rule of conduct, just made obligatory by legitimate authority for
law the general welfare and benefit of all the people.

Sources of Philippine criminal law:

The revised • (Act No. 3815) and its amendments.
penal code
Special • Passed by the Philippine Commission, Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and the Batasang Pambansa.
penal law
Penal • Issued during Martial Law.
President
decrees
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 crimi-
nal procedure.
• States, as a part of their police power, have a large measure of discretion in creating and denning criminal of-
fenses. (People vs. Santiago, 43 Phil. 120, 124)
• The right of prosecution and punishment for a crime is one of the attributes that by a natural law belongs to the
sovereign power instinctively charged by the common will of the members of society to look after, guard and de-
fend the interest of the community, the individual and social rights and the liberties of every citizen and the guar-
anty of the exercise of his rights. (U.S. vs. Pablo, 35 Phil. 94, 100)

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. III, Sec. 22)
• No person shall be held to answer for a criminal offense without due process of law. (Art. III, 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 inflict punishment without judicial trial, for that would consti-
tute a bill of attainder.
What is an ex-post facto law?
• Derive from the Latin for “from a thing done afterward.”
What is an • It is used to refer a criminal statute that punishes actions retroactively, thereby crimi-
ex-post facto law? nalizing conduct that was legal when originally performed.
 What is an • It also makes criminal act done before the passage of the law and which was inno-
ex-post facto law? cent when done, punishes such an act.

• Is a legislative act which inflict punishment without trial.

What is • Its essence is the substitution of a legislative act for a judicial determination of guilt.
Bill of Attainder? (People vs. Ferrer, 48 SCRA 382, 395)
• Is that branch or division of law which defines crimes, treats of their nature, and pro-
Criminal Law vides for their punishment.

Three characteristics of criminal law

• In that criminal law is binding on all persons who live or sojourn in Philippine territory.
1. general (Art. 14, new Civil Code)

Exceptions to the General Application of Criminal Law:

Take note : There are cases where our Criminal Law does not apply even if the crime is committed by a person
residing or sojourning in the Philippines.
• The opening sentence of Article 2 of the Revised Penal Code says that the provisions of this Code shall be en-
forced within the Philippine Archipelago, “except as provided in the treaties and laws of preferential application.”
• Persons exempt from the operation of our criminal law by virtue of the principles of pubic international law.

The following are not subject to the operation of our criminal laws:
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, minister’s plenipotentiary, minister’s resident, and charges d’affaires.

• 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
2. territorial enforceable only within its territory.
• The law is binding to all crimes committees within the National Territory of the Philip-
pines.

terrestrial • Jurisdiction exercised over land.

fluvial • Over maritime and interior waters.

aerial • Over the atmosphere.

Exceptions:
• 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 men-
tioned 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 the Book
Two of this Code.

• In that a penal law cannot make an act punishable in a manner in which it was not
punishable when committed.
3. Prospective • 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:
Whether a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it
can be given a retroactive effect.

But this exception has no application:

1. Where the new law is expressly made inapplicable to pending actions or existing causes of action. (Tavera vs.
Valdez, 1 Phil. 463, 470-471)
2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art. 22, RPC)

• 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.
Mala In Se • Crimes under the Revised Penal Code are mala in se in nature.
• Thus, intent is an element.

• The act is wrong because it is prohibited by law.

Mala • Criminal intent is not material but still requires intelligence and voluntariness.
• Usually, special laws are Mala Prohibita.
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
Cri 161: introduction to Philippine criminal justice system
Bs criminology │Second sem │pre-lim

• A person who committed a crime and convicted by final judgement.

• The term criminal is used both in layman and legal perspective.
Who is • In the legal sense, Criminal refers to any person who has been found to have com-
mitted a wrongful act in the course of the standard judicial processes.
Criminal? • In the Criminology sense, a person is already considered as the criminal the moment
he committed any anti-social act even without conviction.

• It also makes criminal act done before the passage of the law and which was inno-
Victimology cent when done, punishes such an act.

• Is defined as a person who has suffered physical or emotion harm, property dam-
Victim age, or economic loss as a result of a crime.

Theories of victimization
Theory of Victimization deals with the role that the victim plays in the criminal event.

• According to victim precipitation theory, some people may actually initiate the
1. Victim confrontation that eventually leads to their injury or death.
• In 1971, Menachem Amir suggested female rape victim often contribute to their
Precipitation attacks by… pursuing a relationship with the rapist.
theory • A woman may become the target of domestic violence when she increases her job
status and her success results in a backlash from a jealous spouse or partner.

• A number of research efforts have found that both male and female victims have an
impulsive personality that might render them abrasive and obnoxious, characteris-
Victim tics that might incite victimization.
• It is possible that impulsive people are not only antagonistic and therefore more
Impulsivity: likely to become targets, but they are risk takers who get involved in dangerous
situations and fail to take precautions.

• Some criminologist believe people may become crime victims because their lifestyle
increases their exposure to criminal offenders.
Examples:
2. Lifestyle • Single women who drink frequently and have a prior history of being sexually as-
theory saulted are most likely to be assaulted on [college] campus.
• People who being 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.

• The more often visit dangerous places, the more likely they will be exposed to crime
3. Deviant and violence.
place • Victims do not encourage crime, but are victims prone because they reside in so-
cially disorganized high-crime areas where they have the greatest risk of coming
theory into contact with criminal offenders, irrespective of their own behavior or lifestyle.
 • 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:
4. Routine a. The availability of suitable targets, such as homes containing easily saleable
goods.
Activities b. The absence of capable guardians, such as police, homeowners, neighbors,
theory 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 teen-
agers.
What is the difference designation of a person under the pillars of
Philippine Criminal Justice System?

pillars designation
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.

 module 4: criminal justice system and its pillars
Cri 161: introduction to Philippine criminal justice system
Bs criminology │Second sem │pre-lim

The concepts of criminal justice system

Definitions of Criminal Justice System:
• The machinery which the society uses in the prevention and control of crimes.
• Criminal Justice System refers to the agencies responsible for enforcing criminal laws, including legislatures, police
courts, and corrections.
• It may also refer to the totality of the activities of the law enforcers, prosecutors, judges, and corrections person-
nel, as well as those of the mobilized community in crime prevention and control.

Criminal • Refer to the various sequential stages through which offenders pass, from initial con-
justice tact with the law to final disposition, and the agencies charged with enforcing the
system law at each of these stages.

The criminal justice system of the Philippines is composed of the

following components also known as the 5 pillars of pcjs:

i. law enforcement
or police
- known as the prime mover and
front liner of CJS.

ii. Prosecution
- conduct inquest proceedings
and preliminary investigation to
determine probable cause.

iii. Court
- conduct trial to determine the
guilt or innocence of an accused

iv. Correction
- reforms and rehabilitates the
criminal offenders

v. Community
- considered as the core of CJS
and molds the person from birth
and reintegrates offenders back
to their home
 Take Note:
The system how the components work is this: If a person committed a crime or violated any law, a
complaint will be filled against the person at the nearest police station which has jurisdiction over
the area. An investigation will then be conducted by the police, gather facts and evidence about
the case. If there is probable cause, the case will then be forwarded to the prosecution. The prose-
cutor will determine whether the person arrested or suspected be in the sit of the criminal justice pro-
cess. The prosecutor determines whether the evidence gathered by the police meets the standard
of proof for successful prosecution and conviction. Once determined, information will be filed by the
prosecutor to the court. In court, trial will then be held to determine the guilt or innocence of the ac-
cused beyond reasonable doubt.
If found guilty, the person will be transported to the prison institution to serve the sentence of impris-
onment. If found not guilty, it means that the person in acquitted with the crime charged against him/
her and has no criminal liability.

• It is the principle of dealing with fairness and equality in the application of law; the
justice idea of giving a person his due as a matter of right.

• Originates from the personification of Justice in Ancient Roman art known as Lustitia
or Justitia, who is equivalent to the Greek goddess Dike.
Lady • Is an allegorical personification of the moral force in judicial systems.
justice • Her attributes are a blindfold, scales, and a sword,
• She often appears as a pair with Prudentia.

• A process; a coordinated body of method or organized way of work.

system

Why • Criminal justice is important because it’s a system that includes law enforcement,
courts, prisons, counseling services, and a number of other organizations and agen-
criminal justice cies that people come into contact with on a daily basis.
system is a
system?

• A concept of law which hears before it condemns; which proceeds upon inquiry and
Due process renders judgement after trial.
module 6: law enforcement pillar (Arrest, Search and Seizure and Entrapment)
Cri 161: introduction to Philippine criminal justice system
Bs criminology │Second sem │pre-lim

Law enforcement pillar

Law • 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 peoplewho
enforcement violate the rules and norms governing that society.
or police
• is a generic term referring to any government agency that enforce laws.
police
Law • is someone who enforces a law by discovering, deterring, rehabilitation or punishing
enforcement people who violated the rules and norms governing that society.
officer
Take Note: The Law Enforcement or Police Pillar of CJS, conducts arrest, search, and seizure that's why it is con-
sidered as the PRIME MOVER and FRONT LINER of the CJS. The process in CJS begins when a crime is reported to the
police and when the police themselves discover that a crime has been committed.

The different police activities

Law enforcement officers directly engaged in patrols or surveillance. However, the different police activities include
following:
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)

1. Article XVI Sec. • 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
6 of the 1987 by a national police commission. The authority of the local executives over the po-
Philippine lice units in their jurisdiction shall be provided by law."
Constitution.

• 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
2. republic as the DILG Act of 1990, as amended by Republic Act 8551 and Republic Act No.
act no. 8551 9708 on Dec. 13, 1990.
 • An Act providing for the reform and reorganization of the Philippine National Police
3. Republic and for other purposes, amending certain provisions of R.A No. 6975. This Act is al-
Act No. 8551 so known as the PNP Reform and Reorganization Act of 1998, as amended by the
Republic Act No. 9708.
• An Act Extending for 5 years the reglementary period for complying with the Mini-
mum Educational Qualification for Appointment to the Philippine National Police
and Adjusting the Promotion System. Amending the pertinent provisions of R.A No.
4. republic 6975 and R.A No. 8551.
act no. 9708 • 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 is the taking of a person into custody in order that he may be bound to an-
swer for the commission of an offense.
an arrest?
• An arrest is made by an actual restraint of a person to be arrested, or by his submis-
How is sion to the custody of the person making the arrest. No violence or unnecessary
arrest made? 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.

• provides for the manner, time and conduct of arresting a person who committed a
Section 2. rule crime.
113 of the
revised rules
on criminal
procedures

• In conducting arrest there must be a valid WARRANT OF ARREST.

General Rule • 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
in Conducting violence or unnecessary force shall be used in making an arrest, and the person to
Arrest: be arrested shall not be subjected to any greater restraint than what is necessary
under the circumstances.

• 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
Basis of against unreasonable searches and seizures of whatever nature and for any pur-
pose shall be inviolable and no search warrant or warrant of arrest shall be issue
warrant of except upon probable cause to be determined personally by the judge after the
arrest: 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."
• Is a written authority or order in writing issued in the name of the People of the Phil-
Warrant of ippines, signed by the judge and directed to a peace officer commanding him to
arrest arrest a person or persons stated therein and deliver them before the court.

When is an arrest without warrant lawful?

A peace officer or private person may arrest without warrant:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit
an offense;
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; and,
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.

What is • A warrantless arrest that can be effected by a private individual or a citizen.

a citizen
arrest?
What is • A second writ of execution replacing the first one due to expiration.
alias warrant?
• A warrant for the apprehension of a person whose true name is unknown. Generally,
What is a John Doe Warrant is void because it violates the constitutional provision which re-
john doe quires that warrant of arrest should particularly describing the person to be arrest-
warrant? ed. It is considered valid if the best description possible is given in the arrest war-
rant.

What is search and seizure?

• in criminal law, is used to describe a law enforcement agent's examination of a per-
search son's home, vehicle, or business to find evidence that a crime has been committed.
• happens if the officers take possession of items during the search.
seizure
General rule in conducting search and seizure:
In every search there must be a valid SEARCH WARRANT.

What is • Is a written authority or order in writing issued in the name of the People of the Phil-
ippines, signed by the judge and directed to a peace officer commanding him to
search search for a personal property described therein and bring it before the court.
warrant?
When is • A search and seizure is unreasonable if it is made without a search warrant, or the
warrant was invalidly issued.
search or
seizure
unreasonable?

Who issues a • Only judges are authorized to issue Warrants of Arrest and Search Warrants.
warrant of
arrest and
search
warrant?
• is a well-founded belief that a crime has been committed and the respondent is
Probable probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112, Revised
cause 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

What is entrapment?
• Entrapment is the employment of such ways and means for the purpose of trapping
or capturing a lawbreaker. In entrapment, the criminal intent or design to commit the
offense charged originates in the mind of the accused, and law enforcement offi-
entrapment cials merely facilitate the apprehension of the criminal by employing ruses and
schemes; thus, the accused cannot justify his or her conduct.
• As has been said, instigation is a "trap for the unwary innocent," while entrapment is
a "trap for the unwary criminal."
• is the means by which the accused is lured into the commission of the offense
charged in order to prosecute him. In instigation, officers of the law or their agents
instigation incite, induce, instigate or lure an accused into committing an offense which he or
she would otherwise not commit and has no intention of committing.
module 6: law enforcement pillar (Arrest, Search and Seizure and Entrapment)
Cri 161: introduction to Philippine criminal justice system
Bs criminology │Second sem │pre-lim

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 mili-
Pnp is the tary);
primary police 2. There may be other agencies whose function is the same with PNP but they are work-
ing specific functions not like PNP which we can consider as junk of all work loads
force since: and the first legally authorized person whom individuals may contact in cases of any
emergencies or incidents.

• Don't forget that in history, the term POLICE as used by French refers to any person who enforces the law that's why
generally all agencies/person that enforces the law can be called as police.) In our case we don't use that. We
refer the term police only to members of PNP. Members of PDEA and (NBD) used the term AGENTS Other agencies
have their own terms also.
• PC—Philippine Constabulary, it was founded on August 18, 1908, and it was created by Military Police Force Act
No. 175.

Law enforcement
• Law enforcement may be most concerned with the prevention and law enforcement punishment of crimes, organi-
zations exist to discourage a wide variety of non-criminal violations of rules and norms, effected through the impo-
sition of less severe consequences such as probation.
• The term peace officer, or law enforcement officer, to include every person vested by the legislating state with
police power or authority, traditionally, anyone "sworn or badged, who can arrest any person for a violation of
criminal law, is included under the umbrella term of law enforcement.

WHAT ARE THE 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

• Is an agency of the Philippine government under the Department of Justice, respon-

sible 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 of the Philippines
1. national with the consent of the Commission on Appointments of the Congress of the Philip-
pines.
bureau of • It undertakes efficient detection and investigation of crimes and other offenses
investigation or 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 detec-
(nbi) tion 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,
• It also acts as a national clearing house of criminal and other information for the
use of all prosecuting and law enforcement entities of the Philippines.
• Commonwealth Act No. 181 (November 13, 1936) saw the inception
Legal basis of the National Bureau of Investigation, originally called Division of Inves-
tigation (patterned after the US Federal Bureau of Investigation).
 • Republic Act No. 157 (June 19, 1947) reorganized the Division of Investi-
gation into the Bureau of Investigation under the Department of Justice (DOJ).
• Executive Order No. 94 (October 4, 1949) renamed the Bureau of In-
vestigation to National Bureau of Investigation which remained attached to DOJ.
• Executive Order No. 292 (July 25, 1987), the Administrative Code of
1987, provided for the organization structure and operation of the DOJ and its at-
Legal basis tached agencies, including the NBI
• Republic Act No. 10867 (June 23, 2016) - This Act shall be known as the
"National Bureau of Investigation Reorganization and Modernization Act". Under
this, the NBI shall implement a modernization program geared towards the acquisi-
tion of state-of-the-art investigative and intelligence equipment and the establish-
ment of forensic and scientific laboratories. The program shall include provisions for
the training of its personnel in this regard.

• It handles crimes related and considered as transnational crime; crimes that trans-
2. Philippine cend beyond borders.
center on • The PCTC is under the Office of the President.
• The Executive Director has immediate supervision and control over all
transnational
units of the PCTC. As such, he is authorized to designate duties and functions of all
crime (pctc) units and personnel of the PCTC.

• Executive Order No. 62 (s. 1999)) created the Philippine Center on

Transnational Crime (PCTC) under the Office of the President (OP), and placed it
under the control and supervision of the National Police Commission.
• Executive Order No. 295, This Executive Order, in effect, amended Ex-
ecutive Order No. 62 particularly with regard to the provision on the exercise of
direct supervision and control over the Center. The PCTC was transferred from the
NAPOLCOM to the Presidential Anti-Organized Crime Commission (PAOCC)in or-
der to ensure a focused and coordinated response against all forms of TNCs.
• Executive Order No. 146 dated October 22, 2002- Amending Execu-
tive Order No.62, transferring the general supervision and control of the Philippine
Center on Transnational Crime to the Office of the National Security Adviser.
Legal basis • Executive Order No. 735 dated June 20, 2008- Placing the Philippine
Center on Transnational Crime, Created under Executive Order No. 62 dated Janu-
ary 15, 1999, Under the Department of Interior and Local Government.
• Executive Order No. 35 dated April 11, 2011- Transferring the control
and supervision of the Philippine Center on Transnational Crime from the Depart-
ment of the Interior and Local Government to the Office of the Presi-
dent to enhance the coordination among its departments, bureaus, offices,
agencies, and instrumentalities for a "whole of government approach" towards a
more efficient, coordinated, collaborative, and synergized effort against organized
transnational criminal activity, and to link national efforts with international agencies
and institutions directly involved in the global campaign against transnational
crimes.

Transnational • Transnational crimes are crimes that have actual or potential effect across national
borders and crimes that are intrastate but offend fundamental values of the interna-
crime tional community.

What are examples of transnational crimes accord-

ing to pctc?
• Illicit trafficking of narcotic drugs and psychotropic substances;
• Money laundering;
• Terrorism;
• Arms Smuggling;
• Trafficking in Persons;
• Piracy; and
• Other crimes that have an impact on the stability and security of the country.
 • Is an armed and uniformed service tasked primarily with enforcing laws within Philip-
pine waters, conducting maritime security operations, safeguarding life and proper-
ty 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.
• It is an agency attached to the Department of Transportation of
the Philippines.
• The Philippine Coast Guard is led by the Commandant of the Philip-
pine Coast Guard, and directly reports to the Secretary of Transportation
3. Philippine in maritime law enforcement, and also reports to the Chief of the Navy in wartime.
• The Philippine Coast Guard is the country's vanguard against the entry of unsafe
coast guard foreign vessels into the country through its Port State Control.
(pcg) • At present, the Philippine Coast Guard has seven (7) PSC Centers) and
fifteen (15) PSC Divisions all throughout the archi-
pelago.
• RA 9993, the Philippine Coast Guard is mandated to enforce regulations in ac-
cordance with all relevant maritime international conventions, treaties or instruments
of which the government is signatory and national laws.
• MARITIME SAFETY or MARSAF function is designed to help prevent or minimize un-
necessary loss of lives and properties at sea.
• In times of war as declared by Congress, Philippine Coast Guard shall be attached
to the Department of National Defense

• • Also known between 1972 and 1987 as the Bureau of Immigration

and Deportation,
• It is the immigration regulatory and control body of the Philippines.
• • It was established by the Philippine Immigration Act in 1940, although a predeces-
sor agency had existed as part of the Bureau of Customs since 1899.
• The Bureau of Immigration (BI) is principally responsible for the administra-
tion and enforcement of immigration, citizenship,
and alien admission and registration laws in accordance
with the provisions of the Philippine Immigration Act of 1940..
4. bureau of • In 1948, the Bureau was reverted to the jurisdiction of the Department of Justice
where it has remained up to the present time.
immigration • Acts as the primary enforcement arm of the Department of Justice and the President
of the Philippines in ensuring that all foreigners within its territorial jurisdiction comply
with existing laws
• Acts as chief repository of all immigration records pertaining to entry, temporary
sojourn, admission, residence and departure of all foreigners in the country.
• On July 25, 1987, President Corazon C. Aquino signed Executive or-
der No. 292, also known as the Administrative Code of 1987. Said order re-
named the office, "Bureau of Immigration." It continues, however, to perform all the
powers and functions it had while still a commission, and its head of office still re-
mains to be called commissioner as provided under DOJ.

• Philippine Drug Enforcement Agency is the lead anti-drug law enforcement agency,
5. Philippine responsible for preventing, investigating and combating any dangerous drugs, con-
trolled precursors and essential chemicals within the Philippines.
drug • 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 Dan-
enforcement gerous Drugs Act of 2002.
agency (pdea) • 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.
 • Also known as the Comprehensive Dangerous Drugs Act of 2002.
Republic act • The enactment of R.A. 9165 reorganized the Philippine drug law enforcement sys-
tem.
n0. 9165 • The R.A. 9165 defines more concrete courses of action for the national anti-drug
campaign and imposes heavier penalties to offenders.
Additional notes
Cri 161: introduction to Philippine criminal justice system
Bs criminology │Second sem │pre-lim

• POLITEIA - Greek word which means government of the city.

ORIGIN OF THE • POLITIA - Roman word which means condition of the state or government.
WORD "POLICE" • POLICE - French word which was later adopted by the English language.

• refers to criminal activities that occur across national borders or involve criminal
networks operating in multiple countries. It involves organized criminal groups or in-
Transnational dividuals who engage in illegal activities that have a global impact. Transnational
crime crimes often exploit differences in legal systems, jurisdictions, and law enforcement
capabilities to carry out their illicit operations.

Transnational crimes can take various forms and include

activities such as:
1. Drug • The illegal production, transportation, and distribution of narcotics across borders,
involving international drug cartels
Trafficking:
2. Human • The recruitment, transportation, and exploitation of individuals across borders for
forced labor, sexual exploitation, or other forms of modern-day slavery.
Trafficking:
3. Money • The process of disguising the origins of illegally obtained money by making it ap-
pear legitimate through complex financial transactions.
Laundering:
• Criminal activities conducted through digital platforms, such as hacking, identity
4. Cybercrime: theft, online fraud, and cyber espionage, targeting individuals, businesses, and
governments worldwide.

• Acts of violence, including bombings, kidnappings, and ideological extremism, per-

5. Terrorism petrated by transnational terrorist organizations with global reach.

6. Arms • The illegal trade and smuggling of firearms, ammunition, and other weapons across
borders, fueling conflicts and contributing to violence.
Trafficking:
7. Organized • Criminal syndicates involved in activities such as extortion, racketeering, smuggling,
and illicit trade, operating across multiple countries.
Crime: