LAW ENFORCEMENT

PILLAR
LESSON 1
LAW ENFORCEMENT
•The first pillar of CJS
•Initiator or prime mover of CJS
like effecting arrest, surveillance
and crime investigation.
General functions of Law Enforcement:

• To prevent criminal behavior

• To reduce crime
• To apprehend and arrest offenders
• To protect life and property
• To regulate non-criminal conduct
 Some Law Enforcement Agencies in
the Philippines:
• PNP
• NBI
• PCG
• PPA
• AFP
• AMLC
• PDEA
• BI
• BoC
• NAPOLCOM
• IPOPHIL
• PCTC
• BIR
• LTO
• FDA
• PAVSECOM
• MARINA
• BFAR
• ATO
 What is RA 6975?
• It is a law enacted on December 13, 1990 and took
effect on January 1, 1991
• DILG Act of 1990
• Established the Philippine National Police, Bureau of
Fire Protection and Bureau of Jail Management and
Penology under the reorganized Department of the
Interior and Local Government (DILG).
 What is RA 8551?
• Enacted on Feb. 25, 1998
• Amended the provisions
concerning the PNP
• PNP reform and reorganization act
of 1998
 POLICE
• Refers to a police office
occupied by a police officer in
the PNP as an agency created
under RA. No. 6975(DILC ACT of
1990)
 POLICE OFFICER
• A person charged with peace
and order, protection of life and
property, arrest of violators and
enforcements of law.
 Importance of Police
• The police are in a strategic position to detect the
causes of crime and delinquency and to prevent such
acts.
• They are the first point of contact between the citizen
and the law.
• They are in the frontline and their vigor and efficiency
are mostly determined by the society’s reaction to
violations of the law.
 However, critical questions arise despite
the recognition and acceptance of the
criminal justice workers of their given
assignment:
• Does police visibility prevent crime?
• Is patrol work an effective crime control
strategy?
 Bases of law enforcement in
the Philippines:

• Act no. 3815

• Special laws
• Ordinances
 CRIME DETECTION
- The process of uncovering criminal activity (or verifying
reported crime) and acquiring evidence in order to
identify and prosecute its perpetrators.
 Buy bust operation- a form of entrapment which
means that ways and means are resorted by the
police officers in order to catch a law violator.
 Instigation- the police is luring or inducing the person
into committing a crime.
 Arrest
• Taking of a person into custody in
order that he may be bound to
answer for the commission of crime
charged against him.
 Warrant of arrest
• An order in writing from the court
duly signed by a judge directing a
police officer to arrest a person
specified in the warrant as ordered
by a competent authority.
 VALID WARRANTLESS ARREST/CITIZEN’S ARREST

• in flagrante delicto
• Hot pursuit
• Escaped prisoner
LIFE SPAN OF WARRANT OF ARREST

• the warrant to be executed within ten (10)

days from its receipt.
 Search warrant
• an order in writing issued in the name of
the People of the Philippines signed by the
judge and directed to the police officer,
commanding him to search for personal
property and bring it before the court.
 What are the personal properties to be
seized?
• Subject of the offense
• Stolen or embezzled and other proceeds
• Used or intended to be used as the means
of the commission of the offense.
**The search warrant shall be valid for ten
(10) days from date of issuance.**
 
**The exclusionary rule/ fruit of the
poisonous tree- unlawfully obtained
evidences against the accused and is
inadmissible in court.**
WARRANTLESS SEARCH

1. Search incidental to lawful arrest-

2. Consented search
3. Plain view doctrine
4. Search conducted by Bureau of Customs
5. Search conducted by Security Guards on post
6. Search in moving vehicles/checkpoints
WHEN TO SERVE SEARCH WARRANT?

• The search warrant must direct that it be served in

the day time, unless the affidavit asserts that the
property is on the person or on the place ordered
to be searched, in which case, a direction may be
inserted that it be served at any time of the day or
night.
 
 POLICE INVESTIGATION

• aims to identify the person who

committed the crime, location and
gather evidence to prove his guilt in a
criminal proceeding.
 Tools or I’s in Investigation:
1. Information- gathered or acquired from other
persons, witnesses and victims of crime
2. Interrogation- questioning the witnesses and
suspects to obtain further facts
3. Instrumentation- application of forensic science
through a thorough crime scene processing by
the investigator with the aid of SOCO.
 Who is an investigator?
• One who is charged with the duty of carrying
the objectives of investigation such as:

a. identify the criminal

b. locate the offender
c. provide evidence for his guilt
POLICE DISCRETION
• The wise use of one’s judgment over a
delicate situation requiring immediate and
decisive action.
• The police officer is vested by law with
discretion to act in certain conditions or
situations in accordance with his own
judgment or conscience.
 Some discretion of the police:
• To be lenient, when necessary, in the enforcement of
laws and ordinance
• Not to be strict in effecting arrest in less serious cases
• To gather additional evidence or immediately file a case
against the suspect
• To follow up cases
• Whether or not to investigate
• Whether or not to conduct search of people or building
PROSECUTION
PILLAR
HISTORY OF PROSECUTION

 The origin of the office of the prosecutor is found

in England.
 “Attornatus”- pleader, attorney, or essoiner
 Originally all crimes were torts
 William Husse was appointed attorney general of
England.
 Henry VIII cretaed “sergeants”
PROSECUTION

• the institution or continuance of a

criminal suit involving the process of
exhibiting formal charges against the
offender before a legal tribunal and
pursuing final judgment on behalf of the
state or government.
PROSECUTOR

• Also known as fiscals are considered the

“keystone” in the administration of criminal
justice.
• A public officer having an authority to
conduct legal actions concerning the
complaint filed at his office and perform
other prosecution functions as provided by
law.
ROLE OF PROSECUTORS:

As dispensers of justice- to dismiss

or file a case for trial
As overseers of the police- review
and analyze the work of the police
Inquest proceeding.

• Is a proceeding done by the inquest

prosecutor to determine the validity of the
arrest. This is very summary in nature which
may be done by an informal interview with
the arresting officer and/or the arrested
person.
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.
• the penalty is at least 4 years, 2 months and 1
day regardless of fine
Purpose of Preliminary Investigation:

• Secure the innocent against hasty, malicious

and oppressive prosecution
• Protect from public accusation of crime
• Protect from trouble
• Prevent expense of trial
• Protect the state from useless and expensive
trial
Who may conduct preliminary investigation?

• Provincial or city prosecutor and their

assistants
• National and Regional state prosecutors
• Other officers as may be authorized by law.
(Sec 2, Rule 112 of the Rules of Court)
Complaint

• A sworn written statement charging a

person with an offense, subscribed by the
offended party, any peace officer, or other
public officer charged with the enforcement
of the law violated.
Information

• It is an accusation in writing
charging a person for an offense,
subscribed by the fiscal and filed
before the court.
 both shall be in writing, in the
name of the People of the
Philippines and against all
persons who appear to be
responsible for the offense
involved.
Some reasons for prosecutorial rejection
or dismissal of some criminal case:

Insufficient
Witness problem
Due process problem
Bail

• 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 specified.
Types of bail

• Property
• Cash
• Corporate surety
• Recognizance