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

I. LAW ENFORCEMENT
 POLICE RULES AND
The Philippine National Police has
FUNCTIONS IN THE
the power to enforce laws and
SOCIETY
ordinances relative to the protection
Basically, the role of the of lives and property, such as the
police in society is crime Revised Penal Code, other special
prevention which is the main penal laws and city and municipal
goal of the CJS. ordinances.
POLICE PATROL

II. POLICE PATROL Such as:

Patrol has been described as the  Patrol Observation in public places
backbone of the police department.  Conducting investigation
Theoretically, patrol officers are the
most valuable people in the  Check points
organization.  Assisting the people who needs police
 Patrol is a proactive assistance
measure in policing. The presence of  Collection and preservation of evidences
uniform police officers in an area  Arresting violators of the law
deters an individual who plans to
commit any violation of law.
 Preparing or making reports
Basically, all function of the police  Controlling traffic and investigation of
is inherited in police patrol function. 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 How are crime detection usually happens?

Crime detection is the discovery of the The detection of crime usually occurs in the following
police that a crime had been committed. 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
CRIME DETECTION IN  A less typical way for the police to be advised of the
RELATION TO THE crime is through the reporting of someone who has
ADMINISTRATION OF CJS witnessed its commission or has come upon evidence
 Through crime detection, the police indicating that a crime has been committed;
is typically the first component of  The police themselves, through their routine
the justice system to deal with the operations discover that a crime has been committed
commission of the crime. or witness its commission
CRIMINAL APPREHENSION

IV. CRIMINAL Modes of Arrest

APPREHENSION - the legal term
for criminal apprehension is arrest. 1. arrest by virtue of a warrant
2. arrest without a warrant
 MEANING OF ARREST:
– Arrest is the taking of a person
NOTE: An arrest may be made
into custody in order that he may be on any day and at any time of
bound to answer for the the day or night, even on a
commission of an offense.
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 WARRANT

 Search refers to the It is an order in writing issued in the
examination of an name of the people of the Philippines signed by the
individual’s person, house, judge and directed to the peace officer,
commanding him to search for personal property
papers or effects, or other
and bring it before the court.
buildings and premises to
discover contraband or
some evidence of guilt to be  has a validity period of TEN (10) days
used in the prosecution of a  can be served only once within its validity
criminal action period
EQUISITES FOR THE ISSUANCE OF SEARCH WARRANT

 A search warrant shall be issued only PERSONAL PROPERTY

upon (a) upon probable cause (b) in TO BE SEIZED
connection with one specific offense  Subject of the offense;
( c) to be determined personally by the
 Stolen or embezzled and
judge (d) after examination under oath
or affirmation of the complainant and other proceeds, fruits of
the witnesses he may produce and (e) the offense; or
particularly describing the place to be  Use or intended to be used
search and the thing to be seized.
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 SOME OF THE EXAMPLES OF POLICE

RELATION TO THE DISCRETION:
ADMINISTRATION OF CJS  Whether or not to enforce a specific law;
 As defined by Kenneth Culp  Whether or not to conduct search of people
Davis, discretion means the freedom or building
to make a choice among possible
courses of action.
 Whether or not to effect an arrest;
 By the very nature of their
 To determine what charges are to be filed
work, police officers normally make
critical decisions involving the life,  IV. CRIME PREVENTION - the
liberty, honor and property of citizens, elimination of the opportunity for the
and these requires discretion on their commission of a crime.
part.
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  Commonwealth Act No. 181 -

Act No. 157, it was reorganized into the Division of Investigation
Bureau of Investigation. Later, it was
amended by Executive Order No. 94 issued
 Republic Act No. 157, it was
on October 4, 1947 renaming it to what it reorganized into the Bureau of
is presently known, the National Bureau of Investigation.
Investigation (NBI).  Executive Order No. 94 issued on
 The NBI is a October 4, 1947 renaming it to
government entity that is civilian in what it is presently known, the
character, and national in scope which is National Bureau of Investigation
under the Department of Justice. (NBI).
FUNCTIONS OF THE NBI
Give technical help to all prosecuting and
 Investigate crimes and other offenses law enforcement offices, agencies of the
against the laws of the Philippines, both on government, and courts which may ask for
its own initiative and as public interest may its services;
require; Extend its services in the investigation of
 Assist, when officially requested in the cases of administrative or civil in nature in
investigation or detection of crimes and which the government is interested;
other offenses; Establish and maintain an up-to-date
 Act as national clearing house of criminal scientific crime laboratory and conduct
records and other information for use of researches in furtherance of scientific
all prosecuting and law enforcement knowledge in criminal investigation;
entities in the Philippines, of identification Coordinate with other national or local
records of identifying marks, agencies in the maintenance of peace and
characteristics and ownership or possession order;
of all firearms and test bullets fired
therefrom;
HER GOVERNMENT AGENCIES WITH SPECIAL LAW ENFORCEMENT POWE

 Philippine Drug Enforcement

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