The 1st PILLAR

Law Enforcement
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The Law Enforcement as the first pillar is considered to be the “initiator” or the
“prome-mover” of the Criminal Justice System. It is considered as “the initiator of the
actions” that other pillars must act upon to attain its goal or objective. Some authors
would state that without the police initiating the action, the system would be at a
standstill.
Examples of police initiating action:
a. effecting an arrest
b. surveillance
c. crime investigation

The Law Enforcement Pillar is the gatekeepers of the criminal justice system
process. The imitate contact with the law violators and decide whether to formally arrest
them and start their journey through the system. Settle the issue informally, or simply
take no action at all. The law enforcement are the agency of the community or
government that is responsible for enforcing the law, maintain public order and
detecting crime. They are known as the prime mover of criminal justice system.

In an effort to improve the quality and moral of all existing police force, Republic
Act no. 4864 known as the “Public Act of 1966” was enacted, by virtue of which,
the National Police Commission was created, with the power to supervise and control
the police force all over the country under this act, the power to appoint members of the
police force remain rested on the Local executives, but administrative control and
disciplinary measures including training are placed under the exclusive jurisdiction of
the NAPOLCOM. Then, subsequently Presidential Decree no.765 was put into effect
(under the polices promulgated by the proclamation no. 1081, issued by former
president Marcos). This instituted the intergration of the nation’s police force with the
Philippine Constabulary, virtually making the Integrated National Police a component of
the Armed Forces of the Philippines under the general supervision of the Department of
the National defense.

As expressly provided on the provision of the Philippine Constitution, Sec. 6,

Art. XVI “the state shall establish and maintain one national police force, which
shall be national in scope and civilian in characters, to be administered and
controlled by the National Police Commission. The Authority of the local executive
over the police units in their respective jurisdiction shall be provided by law. Thus, giving
birth to the enactment of Republic Act of 1990 otherwise known as “DILG ACT of

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1990” that was later on amended by Republic Act no. 8551 of 1998 known as
“Philippine National Police Reform and Reorganization act of 1998” which provides
Reformation and Professionalization of the PNP.
General functions of the Law Enforcement relation to the administration of CJS.
The following are the functions of the Law Enforcement in general:
a. To prevent criminal behavior.
Prevention involves all the factors directed toward eliminating the cause of
crimes.
b. To reduce crime.
Crime reduction essentially means eliminating and reducing opportunities for
criminal behavior.
c. To apprehend and arrest offenders.
This function includes crime investigation and gathering of evidences that could
withstand the scrutiny of the court.
d. To protect the life and property.
Protecting life and property is essentially the purpose why PNP was created.
e. To regulate non-criminal conduct.
This involves the community service and the maintenance of order functions of
the PNP.

Premier law enforcement agencies in the Philippines tasked to enforce

criminal law.
1. Philippine National Police

2. National Bureau of Investigation

3. Bureau of Internal Revenue in cases of tax evasion.

PHILLIPINE NATIONAL POLICE

Police Defined The word "police" generally means the arrangements made in a
civilized state so that the inhabitants keep the peace and obey the law, It is considered
a public office. A police officer is a member of a police force.

POLICE as an acronym means:

Person Of Leadership Integrity Courage Efficiency

What government agency has the primary mandate to perform police functions under
the constitution?

Pursuant to the provision of the Constitution, the Congress of the Philippines is

mandated to “establish and maintain one police force, which shall be national in scope
and civilian in character, to be administered by the National Police Commission.”

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 Congress in compliance to the mandate enacted R.A. 6975 establishing the
Philippine National Police. Hence, pursuant to the above statute, it is the PNP that is
primarily charged to perform police function throughout the Philippines.

NATIONAL SCOPE = means that the PNP is a nationwide government organization

whose jurisdiction covers the entire breadth of the Philippine Archipelago,
All uniformed and non-uniformed personnel of the PNP are national government
employees
CIVILIAN IN CHARACTER means that the PNP is not a part of the military, although it
retains some military attributes such as discipline.

What law or act of congress caused the establishment of the PNP?

The PNP was established by the enactment of R.A. 6975 otherwise known as the
DILG ACT of 1990, reorganizing the Department of Interior and Local Government.

When was it established?

It was established on January of 1991, the date of its effectivity.

Has there been a reorganization of the PNP?

Yes, there been a reorganization of the PNP by vitue of the enactment of R.A.
8551 on February 28, 1998 entitled, “THE PHILIPPINE NATIONAL POLICE REFORM
ACT OF 1998”.
Under this law, the PNP shall be a community and service oriented agency
responsible for the maintenance of peace and public safety.

Criteria followed by the NAPOLCOM in implementation of PNP.

a. Increased visibility through dispersal of the personnel from the headquarters to the
field offices.
b. Efficient and optimized delivery of police services to the community.

POWERS AND FUNCTION OF THE PNP

1. Enforce all laws and ordinances relative to tee protection of lives and properties.
2. Maintain peace and order take all necessary steps to ensure public safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders, ring
offenders to justice and assists in their prosecution.
4. Exercise the general powers to make arrest search and seizure in accordance
with the constitution and pertinent laws;
5. Detain and arrested person for a period not beyond what is detained of all his
rights under the constitution;
6. Issue license for the possession of firearms and explosives in accordance with
law;
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 7. Supervise and control the training and operations of security agencies and issue
license to operate security agencies and to security guards and private
detectives, for the purpose of their profession; and
8. Perform such other duties and exercise all other functions as may be provided by
law.

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.

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 Discretion of the Police

1 To be lenient, when necessary, in the enforcement of laws and

ordinance (e.g., He cannot pull over every speeding driver all the time.)

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

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 NATIONAL BUREAU OF INVESTIGATION
- The NBI saw its inception on November 13, 1936 upon
- Approval of commonwealth act no. 181 by the legislative
- 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.
Guerero, he only Filipino member of the USFBI
- 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 NBI
- The NBI is a government entity that is civilian in character, and national in
scope which under the DOJ

FUNCTIONS OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both
on its own initiative and as public interest may require;
2. Assist, when officially requested in the investigation or detection of crimes
and other offenses;
3. 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;
4. Give technical help to al prosecuting and law enforcement offices, agencies
of the government and courts which may ask for its services;
5. Extend its services in the investigation of cases of administrative or civil in
nature in which the government is interested
6. Establish and maintain in up-to-date scientific crime laboratory and conduct
researches in furtherance of scientific knowledge in crime investigation;
7. Coordinate with other national or local agencies in the maintenance of peace
and order;
8. Undertake the instruction and training of a representative number of city and
municipal peace officers at request of their respective superiors along
effective methods of crime investigation and detection in order to insure
greater efficiency in the discharge of their duties.

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 CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF CJS
Through crime detection, the police are typically the first component of the
justice system to deal with the commission of the crime.

HOW IS CRIME DETECTION USUALLY HAPPENING?

The detection of crime usually occurs in the following manner:
a. The most typical way that crimes come to the attention of the police is for the
victim to report its occurrence to the police
b. A less typical way for the police to 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;
c. The police themselves, through their routine operations discover that a crime
has been committed or witness its commission

What is the most important part of crime detection?

An important part of crime detection may be the result of an aggressive police
work. Experienced police officers and detectives sometimes concentrate their
surveillance operations and investigate efforts on persons, situations, or places in which
past experience has taught them that criminal behavior is likely. Example, conducting a
buy-bust operation.
What is buy-bust operation?
“Buy-bust operation” is also known in legal and police parlance as a form of
“entrapment”. This simply means that ways and means are resorted to by the police
officers in order to catch a law violator as distinguished from “instigation” wherein the
police basically induced the person into committing a crime.

ARREST AND SEARCH WARRANT

Meaning Of Arrest:
Arrest is the taking of a person into custody in order that he may be made
to answer for the commission of the crime/offense.
What is the importance of arrest in the administration of CJS?
Arrest is important in the administration of Criminal Justice System because if the
accused is not arrested, the court will not acquire jurisdiction over his person unless the
person voluntarily surrenders himself to the authorities.
Under the law, the court cannot proceed with the trial of the person without his
presence or in absentia. This is in consonance with the constitutional requirement that
the accused must have the right to be heard and to be informed of the cause and
accusation against him.

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 The only exemption when the accused’s presence in court may not anymore be
required is when he has been identified by the witness and when the accused has
already been arraigned.

PROBABALE CAUSE IN EFFECTING ARREST

Probable cause with respect to arrest is such a fact and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.

What is the general rule in effecting an arrest? Its reason?

The general rule in effecting arrest is simply to make an arrest only when there is
a warrant.
The reason:
a. for the protection of the person making the arrest in order not to be
charged criminally for violation of Art. 124 or Art. 125 of the RPC and other related
penal laws;
b. also to preclude the filing of any civil and administrative charges against
the arresting officer.

Exception to the general rule:

The exception to the general rule is provided by the revise rules on criminal
procedures (Rule 113, section 5)

Arrest without warrant; when lawful

A peace officer or a private person may, without a warrant, arrest a person:
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 he 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 judgement or is temporarily
confined while he case is pending, or has escaped while being transferred from
one confinement to another.

HOW IS AN ARREST MADE?

Procedure in Making an Arrest by Virtue of a Warrant
(Sec. 7 of Rule 113 of the Rules of Court)

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 - The police secure a warrant of arrest from the court.

- The police shall inform the person to be arrested of the cause of the arrest
based on the warrant arrest from the court.

- If the person to be arrested flees or forcibly resist the arresting officer before
he/she could be informed of the facts the arrest, or if divulging these facts could
imperil the arrest the officer may arrest the person even if the warrant is not in his
possession at the time of arrest . If the person demand to see the warrant of
arrest, this will be shown to him/her as soon as practicable.

- After executing the arrest, the arrested person shall be delivered to the nearest
police station or jail without unnecessary delay.

Procedure in Making an Arrest Without a Warrant

(Sec. 8 of Rule 113 of the Rules of Court)

When the arrest is made without a warrant, the police shall inform the
person to be arrested of his/her authority and the cause of the arrest.

In case the person to be arrested flees or forcibly resists arrest before the
arresting officer has the opportunity to tell him/her of the facts of the arrests or if
giving these facts may imperil the arrest, then a warrant is not needed.

After the arrest, the person arrested shall be brought immediately to the
nearest police station or jail and may be subjected to inquest where the offense
for which he/she has been arrested requires a preliminary investigation.

POWERS OF THE POLICE DURING AN ARREST

The arresting police officer has the power to:

- Orally summon any or more persons to assist him/her in effecting the

arrest. The person/s summoned shall give the necessary assistance provided
that it is not detrimental to his/her/their well-being (Sec. 10 of Rules 113 of the
Rules Court).
- Break into a building or enclosure where the person to be arrested is or
is believed to be inside, after the arresting police officer has announced his/her
authority and purpose and has been refused admittance (Secs. 10-12 of Rules
113 of the Rules Court).
- To arrest a suspect on any day and at any time of day and night (Sec. 6
of Rules 113 of the Court)

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 - To make a report to the judge who issued the warrant. The warrant is
usually issued to the head of the office for execution within 10 days from the
receipt. After the expiration of the ten-day period, the police officer to whom it
was assigned for execution shall make a report to the judge who issued the
warrant. If the police officer fails to execute the warrant within the given period of
time, he/she shall state the reasons for the failure in the report.
- A police officer may still arrest a person with a pending warrant of arrest
until such time when the latter has been arrested. The police may not bring the
actual warrant of arrest as long as he/she knows that a warrant was issued to the
person being arrested. A warrant of arrest issued by a competent court may be
served anywhere in the Philippines.

SEARCH AND SEIZURE

The police can also be authorized to search for and seize evidence. As
with arrests, searches may be done with or without a court-issued search
warrant.
A search warrant is an order in writing issued by the Court in the name of
the People of the Philippines directing a peace officer to search for personal
property described in the warrant and bring it to the court (Sec. 1 of Rules 113 of
the Rules Court).

How to Obtain a Search Warrant

- The law enforcement officer must provide information amounting to

probable cause. Probable cause refers to the facts and circumstances that will
lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the object sought in connection with the offense is in the
place sought to be searched.
- Data such as the address or the description of the place or vehicle to be
searched must be supplied to the judge.
- The request must also include the crime or activities to be investigated.

- Furthermore, the things to be seized must be particularly described.

- Section 2 of Article III of the 1987 Philippine Constitution states the right
of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose.
This means that no one is allowed to violate the rights of anyone by trespassing
on his or her dwelling or seizing his/her property and effects illegally or without

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 probable cause. Thus, invading a house or seizing papers and effects without
any cause is illegal.
- When the search and seizure is done with a warrant, the probable cause
is determined by the judge who issues the warrant. If the search and seizure is
done without warrant, the probable cause is determined by the peace officer.

Requirements in the Issuance of a Search Warrant

- There must be probable cause.

- The request must be for only one specific offense.
- The judge must determine if the facts presented constitute probable
cause. This task cannot be delegated.
- The examination report must be sworn to and affirmed by an affidavit
duly notarized by the complainants and the witness/es. The complainant/s and
witness/es must be under oath so that in case the testimony turns out to be false,
he/she/they may be charged with perjury.
- The place to be searched must have a complete address or must be
clearly described and the things to be seized must also be specified.

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the
offense.
General rules in effecting search and seizure:
Just like arrest, the general rule in effecting a search and seizure is only by virtue
of a validly issued search and warrant.
The reason:
A. For the protection of the search not to be charged of crime of theft, robbery
and the like;
B. And for any civil and administrative liabilities

Exceptions:
A. Warrantless search incidental to lawful arrest
B. Seizure of evidence in plain view
C. Search of a moving vehicle
D. Consented warrantless search
E. Custom search
F. Stop and frisk search, and
G. Exigent and emergency circumstances

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 Evidence obtained on violation of the rule on arrest and search and seizure is not
admissible as evidence against the caused
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”.

PATROL
What is the importance of police patrol in the administration of CJS?
Patrol is the only police function that is directly responsible for crime prevention.
Crime prevention is one of the main goals of the criminal justice system.

Purpose of Patrol.
The main purpose of patrol is to provide police visibility.
By providing police visibility, the patrol officer creates a basic street psychological
effect, that is:
1. It creates a feeling of fear to the would-be offender; and
2. A feeling of security and safety to the law abiding citizen.

In connection with the above, it is but only logical that the presence of a police
officer eliminates the opportunity on the part of the would-be violator to commit crime.
OPPORTUNITY being one of the elements in the commission of the offense, the other
is DESIRE. By eliminating the opportunity, crime cannot exist anymore because the two
elements must co-exist.
Other authors suggest that the presence or lack of INSTRUMENT or TOOLS
may be a consideration if the crime can be committed. Others suggest that the question
of CAPABILITY of the would-be offender can be an element to consider if the crime can
be committed.
However, no one can really prevent a determined person to commit a crime.

CRIMINAL INVESTIGATION
Is an art, which deals with identity and location of the offender and provides
evidence of his guilt in criminal proceedings.
Importance of criminal investigation in the administration of CJS
Criminal investigation is important in the administration of the CJS because one
of the purpose of criminal investigation is to gather and preserve evidence that will both
justify their enforcement action in particular case as well as enable the fact finding
process of the courts and the prosecution of the case successfully and obtain
conviction.
Republic Act No. 7438, April 27,1992
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 An act defining certain rights of person arrested, detained or under custodial
investigation as well as the duties of the arresting detaining and investigation officers,
and providing penalties for violations thereof.
Who is an investigator and what are the qualities of a good investigator?
An investigator is one who is charged with the duty of carrying the objectives of
investigation, such as:
1. identify the criminal;
2. locate the offender; and
3. provide (gather) evidence for his guilt.

CRIME PREVENTION
Crime prevention is simply defined as the elimination or reduction of the desire
and / or opportunity to commit a crime.
However, the crime prevention function is being ignored by police officers
because this will not reflect as hard data in their individual performance.
On the other hand, it is easily understandable that an individual police officers
focus on law enforcement function like arrest and actual encounters with offenders will
certainly be reflected in their individual records of accomplishment (commendation, etc.)
for promotion purposes or performance evaluation.

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:

A. Whether or not enforce a specific law;
B. Whether or not to conduct search of people or building
C. Whether or not to effect an arrest;
D. To determine what charges are to be filed

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