FIRST PILLAR OF CJS: PHILIPPINE SETTING

LAW ENFORCEMENT
• 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.
• Policing: A Brief Historical Setting
The creation of the SCOTLAND YARD was passed by the parliament of England and made
SIR ROBERT PEEL the first head of the police organization and considered as the Father of
Modern Policing System due to his contributions in the modernization of the police force.
In the Philippines, policing during the Spanish Regime was inherently a part of the military
system. The locally organized police forces, although performing civil duties and seemingly
created for the sole purpose of maintaining peace, were in fact directly commanded by the
colonial military government.

POLIC
E FORCES ORGANIZED
DURING THE SPANISH REGIME
a. Carabineros de Seguridad Publico (Mounted Police)
- organized in 1712 for the purpose of carrying out the policies of the Spanish government.
Carabineros were armed and considered as mounted police. Later they discharged the
duties of a port, harbor and river police.
b. Guardrilleros
- this was a body of rural police organized in each town that was created by the Royal
Decree of January 8, 1836. This police force was composed of 5% of the able-bodied
male inhabitants of each town or province, and each member should serve at least 3
years.
c. Guardia Civil
- Created by the Royal Decree issued by the Spanish Crown government on February 12,
1852. It relieved the Spanish Peninsular Troops of their works in policing towns. It
consisted of a body of Filipino policemen organized originally in each of the provincial
capitals of the central provinces of Luzon under the command of Alcalde (Governador)

DURING THE JAPANESE OCCUPATION

KEMPETAI – the Japanese Military Police – was held responsible in maintaining peace and
order in Manila. The Manila Police, which was created during the first American occupation,
was renamed into Metropolitan Constabulary under the Bureau of Constabulary. Kempetai ruled
the urban areas until Gen Douglas McArthur returned on February 7, 1945.

DURING THE AMERICAN OCCUPATION

(1898-1901)
a. Insular Police Force was established on Nov. 30, 1890 during the Filipino-American
War upon the recommendation of the Philippine Commission to the Secretary of War.
b. Another Insular Police Force was created on July 18, 1901 by virtue of Act #175
entitled as “An Act Providing for the Organization and Government of an Insular
Constabulary”
c. Manila Police Department was organized on July 31, 1901 by virtue of Act #183 of the
Philippine Commission. The 1st Chief of Police was Capt. George Curry.
d. The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by virtue
of Act #255. Capt. Henry T. Allen was the 1st Chief of the Philippine Constabulary.
The PC was manned mostly by Filipinos, but officers were mostly Americans.
e. Revised Administrative Code of 1917 was approved a year before World War 1
(August 1914 to November 1918) ended. In Section 825 of this law, it stated that the
Philippine Constabulary is a national police institution for preserving the peace,
keeping order and enforcing the law.

f. Commonwealth Act No. 88 - An Act to Provide for the Organization and Maintenance
of a State Police Force on October 26, 1936

g. In November 1938, Act #181 required the creation of a Bureau of Investigation. This
agency should be the modification of the Division of Investigation (DI) from the
Department of Justice. Finally, on June 19, 1947, R.A. 157 was enacted which created
the National Bureau of Investigation.

DURING THE POST WORLD WAR II

a. In 1960, Republic Act # 2678 was enacted and this law provided the expansion and
reorganization of the NBI. This law established that the NBI is both an investigative and
research service agency.
b. On January 1, 1964, The Rules of Court took effect. This procedural law was construed
in order to promote the broad objective of the criminal justice system and to assist
 the parties in obtaining just, speedy and inexpensive determination of every action
and proceeding.
c. On Sept. 18, 1966 Republic Act # 4864 otherwise known as Police Act of 1966 was
enacted. The law created the office of the Police Commission (which was later called
National Police Commission) under the Office of the President. Originally the POLCOM
was created as a supervisory agency to the PC. Its function is to oversee the training and
professionalization of the local police force.

d. On August 8, 1975, Presidential Decree #765 was enacted and stipulated that the office
of the NAPOLCOM should be under the office of the Ministry of National Defense. It
defined also the relationship between the Integrated National Police and the Philippine
Constabulary. This was following the provisions of Section 12, Article 15 of the 1973
Philippines Constitution.

e. On December 13, 1990, Republic Act # 6975 was approved by then President Corazon
Aquino. This law is known as the DILG Act of 1990 and it is also recognized as the PNP
law of 1991. This law created the Philippine National Police and declared it to be the
only police force of the country with national scope and civilian in character.

f. On February 25, 1998, the provisions of Republic Act # 8551 was approved by
President Fidel Ramos. R.A. #8551, known as the PNP Reform and Reorganization
Act of 1998, reorganized the PNP for the purpose of reforming or professionalizing it.
POLICE as public office is charged with peace and order, protection of life and property and
arrest of violators of law and enforcement of the law.
- It refers to a police office occupied by a police officer in the PNP as an agency created
under R.A. 6975 (DILG Act of 1990)

POLICE OFFICERS
- refers to a person who is an agent of authority occupying the police office and is mandated to
implement the laws of the land as his primary function in the maintenance of peace and
tranquility.
• Police/Law Enforcement Pillar is a branch of criminal justice system that has the specific
responsibility of maintaining law and order and combating crime within the society.
• Politia – means condition of the state, government and administration.
• The word “police” originated from the Greek word “Politeia” which means govt,
citizenship or the entire activity of a POLIS – a city. It applied to civil officers and not
necessarily policeman. The Romans changed the word to “Police” and applied it to that
 person who actually enforced the law. Thereafter, the English and the Americans
borrowed the word intact from the French and used it to describe a law enforcer.
2 Agencies in-charge of law enforcement
1. PNP
2. NBI

Jurisdiction:
A. Territory – national in scope
B. Case Jurisdiction – own initiative and civil and administrative in which government is
interested whenever properly required

Republic Act 157 (R.A. 157)

1. Undertake investigation of crimes and other offenses against the laws of the Philippines,
upon its own initiative and as public interest may require;
2. To render assistance, whenever properly requested in the investigation or detection of
crimes and other offenses;
3. To act as a national clearing house of criminal and other information for the benefit use
of all prosecuting and law enforcement entities of the Philippines; identification records
of identifying marks, characteristics, and ownership or possession of all firearms as well
as of test bullets fired therefrom;
4. To give technical aid to all prosecuting and law enforcement officers and entities of the
government as well as the courts that may request its services;
5. To extend its services, whenever properly requested in the investigation of cases of
administrative or civil in nature in which the government is interested;
6. To establish and maintain an up-to-date scientific crime laboratory and to conduct
researches in furtherance of scientific knowledge in criminal investigation;

OTHER AGENCIES THAT ENFORCE SPECIAL LAWS

1. Bureau of Internal Revenue (BIR) – enforces tax laws and regulations. It investigates tax
evasion cases.
2. Land Transportation Office (LTO)-regulates land transportation industry and enforces
transportation laws and regulations.
3. Bureau of Customs (BOC) – is tasked to enforce customs and tariff duties in all the
Philippine airports and seaport nationwide.
4. Food and Drug Administration (FDA)
5. Philippine Coast Guard-maritime law enforcement
6. Philippine Aviation Security Command (PAVSECOM) airport security and enforcement
7. Marine Industry Authority (MARINA) – regulates the maritime and shipping industry. It
oversees the sea worthiness of all sea-going vessels.
 8. Bureau of Fisheries and Aquatic Resources (BFAR) and
9. Air Transportation Office (ATO) safe economic efficient air travel Civil Aviation
Authority of the Philippines – air travel authority

Compositions of the PNP

1. Police forces who were integrated into the Integrated National Police (INP) pursuant to
PD No. 765.
2. Officers and enlisted personnel of the Philippine Constabulary (PC)
3. Technical services of the AFP assigned with the PC and the civilian operatives of the
Criminal Investigation Services (CIS) and
4. Regular operatives of the abolished NAPOLCOM Inspection, Investigation and
Intelligence Branch

Three Major Police Functions

1. Crime prevention
2. Crime investigation
3. Traffic supervision

Bases of Law Enforcement in the Philippines

1. Act No. 3815 or the Revised Penal Code
e.g. Criminal law book 1 and Criminal law book 2
2. Special Laws passed by Congress e.g. RA 9165
3. Ordinances e.g. curfew

BASIC OBJECTIVES OF THE POLICE

1. The prevention of crime and delinquency
2. The repression of the criminality and delinquency
3. The apprehension and identification of offenders
4. The recovery of stolen property
5. The regulation of people in their non-criminal activities
Police Functions
• These police functions represent the big percentage of time consumed in the performance
of their duties:
1. Protecting lives and properties and serving the community
2. Participating in crime prevention and crime suppression
3. Preventing criminal and delinquent behaviors at the grassroots level within their area of
responsibility
4. Repressing criminal and delinquent behaviors
5. Identifying, apprehending and convicting offenders within their area of responsibility
(AOR) and
6. Regulating traffic flow and collision reduction.

Police Functions According to Charles D. Hale

1. Crime Prevention
2. Criminal Apprehension
3. Order Maintenance
4. Public Service
5. Traffic Regulation and Motor Accident Investigation

Police Functions According to Professor O.W. Wilson

1. Patrol Activities
2. Traffic Direction and Control
3. Detective functions
4. Vice Control Activities
5. Juvenile Delinquency Control
6. Record Keeping and communication classification according to its use
7. Laboratory Examination
8. Jail Operation and management to regulate inmates and control escape and jailbreak
9. Maintenance of Peace and Order
10. Planning of activities in the organization by following the POSDCORB
11. Regular inspection and monitoring of suspected drug and prostitution den
12. Budget preparation and account audit
13. Personnel maintenance records
14. Public Relations duties to inform the public regarding the activities of the law
enforcement that will affect their limbs and properties
15. Intelligence report and gathering of information regarding the activities of the lawless
elements and the dissident terrorists
Factors Involved in Organizing an Efficient Police System
1. Line or Operational – services performed by the police officers where the Police
Department is primarily created.
a. Patrol
b. Crime Investigation
c. Traffic Control
d. Vice Control
e. Juvenile delinquency control

2. Auxiliary or Secondary – services performed by the police officers who aid the operating
line officers in the performance of their duties.
a. Record section
b. Communication function
c. Police laboratory duties
d. Jail duties
e. Property management
f. Maintenance

3. Administrative – is the policy making body where the rules to be followed originate and
it includes the functions of management to facilitate and make possible the effective
accomplishment of the first two operations.
a. Discipline, awards and decorations office for personnel
b. Legal affairs
c. Personnel (recruitment, promotion, training, welfare office

THE KEY FUNCTIONS OF THE PNP UNDER SECTION 24 OF R.A. 6975

1. Enforce all laws and ordinances relative to the protection of lives and properties
2. Maintain peace and order and take all necessary steps to ensure public safety
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution
4. Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by law, informing
the person to be detained of all his rights under the Constitution.
6. Issue licenses for the possession of firearms and explosives in accordance with law.
7. 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 professions; and
8. Perform such other duties and exercise all other functions as may be provided by the law.
Police Processes: A Major Chain in the CJS
• Policing is the initial process in the entire criminal justice system. The law enforcement
agencies are considered the initiators in said process which knot the functions of:
a. Crime Detection
b. Crime Investigation
c. Apprehension of Suspects
d. Search and Seizure, and
e. The Case Preparation

a. Crime Detection
1. Receipt of citizen complaints or calls for assistance
2. Receipts of signals from alarm devices
3. Observations by officers on patrol of suspicious behavior, a crime in progress, or the
aftermath of a crime
4. Observation of the planning or execution of crimes by pro-active measures

* Response time – the time that elapses between receipt of the call or alarm and the arrival of the
responding officers at the crime.
b. Crime Investigation
- It is a police activity directed toward the identification and apprehension of alleged
criminals and the accumulation, preservation and presentation of evidence regarding their
alleged crimes.
a) Preliminary/Initial investigation – taking care injured persons, arrest or pursue
suspects, protect the crime scene.
b) Follow-up investigation – it is an extension, or continuation of the preliminary
investigation. It is necessary to bring a case to a successful conclusion or to solve an
unsolved case.
c) Apprehension of Suspects – 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 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. (Rules of Court,
Rule 113, Sec 2)

Police Discretion
The police officer is vested by law with discretion to act in certain conditions or
situations in accordance with his own judgment or conscience. For as long as his concept of
police discretion is not in conflict with the letter and spirit of the law, he must have flexibility in
dealing with situations he encounters in his work.
Some Discretions of the Police
1. To be lenient when necessary, in the enforcement of laws and ordinance.
2. Not to be strict in effecting arrest in less serious cases.
3. To gather additional evidence or immediately file a case against the suspect.
4. To follow-up cases.

Police Leadership
Max Weber in his book Police Leadership (1987) defines police leadership as an act that
influences others to be motivated and committed to work for the benefits of the whole
community.

HOW IS AN ARREST MADE?

Arrest – is the taking of a person into custody in order that he may be bound answer for the
commission of crime charged against him. (Section 1, Rule 113, Revised Rules of Criminal
Procedure)
The police officer arrests a person by taking him into custody. Restraint is used only in so
far as it may be necessary to keep a person under custody. (Section 2, ibid)
The arresting officer must first inform the person to be arrested of the cause of the arrest
the fact that a warrant has been issued against him.
The police officer can arrest only by virtue of a warrant of arrest issued by a judge of a
court of competent jurisdiction. When the information is filed in court, or when a complaint is
filed in court, the judge examines the complaint or information with the supporting evidence, and
if he finds probable cause, he issues warrant of arrest. (Section 6, ibid)
The police officer may effect an arrest at any time of the day and night.

MIRANDA WARNING
1. You are arrested for the crime of ____ (or by virtue of warrant of arrest, showing him the
warrant as it is practicable).
2. You have the right to remain silent. Any statement you make may be used for or against
you in any court of law in the Philippines.
3. You have the right to have a competent and independent counsel preferably of your own
choice. If you cannot afford the services of counsel the government will provide one for
you. Do you understand these rights?
Warrant of Arrest – it is 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.
• An officer in order to make an arrest either by virtue of a warrant, or without a warrant,
may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his
authority and purpose. Whenever an officer has entered the building or enclosure, he may
break out therefrom when necessary to liberate himself. (Rules of Court, Rule 113, Sec
10-12)

Valid Warrantless Arrest

• Arrest can be made by a peace officer or a private person through the following
circumstances:
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 has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
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 is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another
(Section 5, Rule 113)
*An arrest may be made on any day and at any time of the day or night. (Rules of Court, Rule
113, Sec 6)

Search and Seizure

Search Warrant – it is 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 search for personal
property described therein and bring it before the court.
Plain View – without a search, the possession of articles prohibited by law is disclosed to plain
view or is open to eye and hand.
THE CASE PREPARATION
- This is the process of bringing together in an organized and logical manner all evidence
collected during the investigation of a crime and present it to the prosecutor.
- The investigator must be able to present to the prosecutor and prove before the court the
CORPUS DELICTI.
- Corpus Delicti (substance or body of the crime) – it means that a specific crime was
committed at a specified time, date and place, and that the person named in his report
committed the crime.