COURSE

UNIT 5
THE LAW
ENFORCEMENT
PILLAR
PART 2

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE

CLAW112 SYSTEM
TOPICS

• Police Roles and Functions in the Society

• Police Processes: Major Chain in the CJS
• Philosophy and Concept of Crime
Detection and Crime Investigation
• Apprehension of Suspects
• Search and Seizure and the Case
Preparation
• Crime Prevention
• PNP and Other Premier Law Enforcement
Agencies in the Philippine CJS
POLICE RULES AND FUNCTIONS IN THE SOCIETY
 POLICE RULES AND
FUNCTIONS IN THE
SOCIETY
Basically, the role of the
police in society is crime
prevention which is the main
goal of the CJS.
I. LAW ENFORCEMENT
The Philippine National Police has
the power to enforce laws and
ordinances relative to the protection
of lives and property, such as the
Revised Penal Code, other special
penal laws and city and municipal
ordinances.
POLICE PATROL
II. POLICE PATROL
Patrol has been described as the
backbone of the police department.
Theoretically, patrol officers are the
most valuable people in the
organization.
 Patrol is a proactive
measure in policing. The presence of
uniform police officers in an area
deters an individual who plans to
commit any violation of law.
Basically, all function of the police
is inherited in police patrol function.
Such as:
 Patrol Observation in public places
 Conducting investigation
 Check points
 Assisting the people who needs police
assistance
 Collection and preservation of evidences
 Arresting violators of the law
 Preparing or making reports
 Controlling traffic and investigation of
accidents
POLICE PATROL

 The police cannot satisfy the  One of the major responsibility of the patrol is crime
community in its services without detection which is indispensable to establish an
the Patrol , as it is the backbone of effective crime prevention program.
the police organization and the eyes
and ears wherein police plans and
actions are based upon.

 The patrol is the bridge in

establishing a better relation of the
police and the community towards
one common goal which is busting
crime and keeping peace and order.
CRIME DETECTION
III. CRIME DETECTION
Crime detection is the discovery of the
police that a crime had been committed.
CRIME DETECTION IN
RELATION TO THE
ADMINISTRATION OF CJS
 Through crime detection, the police
is typically the first component of
the justice system to deal with the
commission of the crime.
How are crime detection usually happens?
The detection of crime usually occurs in the following
manner:
 The most typical way that crimes come to the
attention of the police is for the victim to report its
occurrence to the police
 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;
 The police themselves, through their routine
operations discover that a crime has been committed
or witness its commission
CRIMINAL APPREHENSION

IV. CRIMINAL Modes of Arrest

APPREHENSION - the legal term
for criminal apprehension is arrest.
 MEANING OF 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.
1. arrest by virtue of a warrant
2. arrest without a warrant
NOTE: An arrest may be made
on any day and at any time of
the day or night, even on a
Sunday.
CRIMINAL APPREHENSION

IMPORTANCE OF ARREST IN PROBABALE CAUSE IN

THE ADMINISTRATION OF
CJS
EFFECTING ARREST
 Arrest is important in
 Probable cause with respect
the administration of Criminal to arrest is such a fact and
Justice System because if the circumstances which would lead a
accused is not arrested, the court reasonably discreet and prudent
will not acquire jurisdiction over
his person unless the person
man to believe that an offense has
voluntarily surrenders himself to been committed by the person
the authorities. sought to be arrested.
WARRANT OF ARREST

WARRANT OF ARREST
 an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
take a person into custody in order that he may
be bound to answer for the commission of an
offense
 shall remain valid until the person to be
 arrested has been arrested or has surrendered
ENERAL RULE IN EFFECTING AN ARREST

GENERAL RULE IN EFFECTING AN ARREST:

The general rule in effecting an arrest is simply to
make an arrest when there is a warrant.

Reason:
 For the protection of the person making the arrest in

order not to be charged criminally for violation of

Article 124 of the Revised Penal Code, and other related
penal laws;
 and also for any civil and administrative charges.
XCEPTION TO THE GENERAL RULE OF ARREST
 The exception to the general rule is provided by the Revise
Rules on Criminal Procedures (Rule 113, Section 5) CIRCUMSTANCES
 Arrest without warrant; when lawful. – A peace officer or a
private person may, without a warrant, arrest a person: OF WARRANTLESS
 (a) When, in his presence, the person to be arrested has ARREST:
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
 In flagrante delicto
or circumstances that the person to be arrested has committed it;  Hot pursuit
and
 (c) When the person to be arrested is a prisoner who has
 Arrest of an Escapee
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.
SEARCH AND SEIZURE
SEARCH AND SEIZURE
 Search refers to the
examination of an
individual’s person, house,
papers or effects, or other
buildings and premises to
discover contraband or
some evidence of guilt to be
used in the prosecution of a
criminal action
SEARCH WARRANT
It 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.
 has a validity period of TEN (10) days
 can be served only once within its validity
period
EQUISITES FOR THE ISSUANCE OF SEARCH WARRANT
 A search warrant shall be issued only
upon (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
search and the thing to be seized.
PERSONAL PROPERTY
TO BE SEIZED
 Subject of the offense;
 Stolen or embezzled and
other proceeds, fruits of
the offense; or
 Use or intended to be used
as the means of the
commission of the offense.
ENERAL RULE IN EFFECTING SEARCH AND SEIZURE:

EXCEPTIONS:
Just like arrest, the general rule in effecting
a search and seizure is only by virtue of a
 Warrantless search incidental to a
lawful arrest
validly issued search and warrant.
 Seizure of evidence in plain view
 Search of a moving vehicle
The Reason:
 For the protection of the searcher not to
 Consented warrantless search

be charged of a crime of theft, robbery

 Customs search
and the like;  Stop and frisk search, and
 And for any civil and administrative  Exigent and emergency
liabilities circumstances
ENERAL RULE IN EFFECTING SEARCH AND SEIZURE:

EVIDENCE OBTAINED IN VIOLATION

OF THE RULE ON ARREST AND
SEARCH AND SEIZURE IS NOT
ADMISSIBLE AS EVIDENCE AGAINST
THE ACCUSED
 The evidence obtained is not admissible

against the accused in any proceedings. The

rule not admitting any unlawfully obtained
evidence against the accused is referred to
“the exclusionary rule” because the same is
said to be “the fruit of the poisonous tree”.
CRIMINAL INVESTIGATION

Importance of Criminal Investigation in

the Administration of CJS
CRIMINAL
INVESTIGATION
 Criminal Investigation is important in the
administration of the CJS because one of
 Is an art, which deals with the purpose of criminal investigation is to
identity and location of the gather and preserve evidence that will both
offender and provides justify their enforcement action in
evidence of his guilt in particular case as well as enable the fact
criminal proceedings. finding process of the courts and the
prosecution of the case successfully and
obtain conviction.
Rights of Persons Arrested, Detained or Under Custodial Investigation

Republic Act No. 7438, April 27, 1992

AN ACT DEFINING CERTAIN
RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF.
POLICE DISCRETION
POLICE DISCRETION IN
RELATION TO THE
ADMINISTRATION OF CJS
 As defined by Kenneth Culp
Davis, discretion means the freedom
to make a choice among possible
courses of action.
 By the very nature of their
work, police officers normally make
critical decisions involving the life,
liberty, honor and property of citizens,
and these requires discretion on their
part.
SOME OF THE EXAMPLES OF POLICE
DISCRETION:
 Whether or not to enforce a specific law;
 Whether or not to conduct search of people
or building
 Whether or not to effect an arrest;
 To determine what charges are to be filed
 IV. CRIME PREVENTION - the
elimination of the opportunity for the
commission of a crime.
OTHER LAW ENFORCEMENT AGENCIES

NATIONAL BUREAU OF INVESTIGATION

The National Bureau of Investigation (NBI) saw its
inception on November 13, 1936 upon approval of
Commonwealth Act No. 181 by the legislature
 Tasked with organizing a Division of
Investigation or DI patterned after the United
States Federal Bureau of Investigation were
Thomas Dugan, a veteran American police captain
from the New York Police Department and
Flaviano C. Guerrero, the only Filipino member
of the United States Federal Bureau of
Investigation.
OTHER LAW ENFORCEMENT AGENCIES
 On June 19, 1947, by virtue of Republic
Act No. 157, it was reorganized into the
Bureau of Investigation. Later, it was
amended by Executive Order No. 94 issued
on October 4, 1947 renaming it to what it
is presently known, the National Bureau of
Investigation (NBI).
 The NBI is a
government entity that is civilian in
character, and national in scope which is
under the Department of Justice.
 Commonwealth Act No. 181 -
Division of Investigation
 Republic Act No. 157, it was
reorganized into the Bureau of
Investigation.
 Executive Order No. 94 issued on
October 4, 1947 renaming it to
what it is presently known, the
National Bureau of Investigation
(NBI).
FUNCTIONS OF THE NBI
 Investigate crimes and other offenses
against the laws of the Philippines, both on
its own initiative and as public interest may
require;
 Assist, when officially requested in the
investigation or detection of crimes and
other offenses;
 Act as national clearing house of criminal
records and other information for use of
all prosecuting and law enforcement
entities in the Philippines, of identification
records of identifying marks,
characteristics and ownership or possession
of all firearms and test bullets fired
therefrom;
Give technical help to all prosecuting and
law enforcement offices, agencies of the
government, and courts which may ask for
its services;
Extend its services in the investigation of
cases of administrative or civil in nature in
which the government is interested;
Establish and maintain an up-to-date
scientific crime laboratory and conduct
researches in furtherance of scientific
knowledge in criminal investigation;
Coordinate with other national or local
agencies in the maintenance of peace and
order;
HER GOVERNMENT AGENCIES WITH SPECIAL LAW ENFORCEMENT POWE

 Philippine Drug Enforcement

Agency (PDEA)
 Bureau of Immigration
 Bureau of Customs
 Bureau of Internal Revenue
(BIR)
 Bureau of Food and Drugs
(BFAD)
 Bureau of Quarantine
 Land Transportation Office
(LTO)
 Maritime Industry

Movie and Television review and
Classification Board (MTRCB)
 Optical Media Board (OMB)
 Intellectual Property Office (IPO)
 Department of the Environment
and Natural resources (DENR)
 Bangko Sentral ng Pilipinas (BSP)
 Other government agencies clothed
with special law enforcement powers