

Criminal Justice
System

POLICE/ LAW ENFORCEMENT
PILLAR

As the first pillar of the Criminal Justice System

the Police is considered the “initiators of actions
or prime mover of the CJS” that other pillars
must act upon to attain its goal or objectives in
the process.

The Police refer to the police agency and other

law enforcement organizations authorize by the
State to enforce the law.

Trinity of the police pillar of CJS

1. Philippine National Police (PNP)- occupies the

forefront of the police pillar. The premier law
enforcement agency tasked by the government
to implement the law and keep the peace.

And supported by:

2. National Bureau of Investigation (NBI)

3. Philippine Drug Enforcement Agency- to help

curb the drug problem which has become a
major law enforcement concern and a serious
threat to peace and order.
 Objectives of Law
 Enforcement/Police

1. Crime Prevention
 The prevention and suppression of crimes have
traditionally been accepted as the primary goal of
the local police forces.

2. Criminal Apprehension
 It is a police responsibility to identify, locate,
and apprehend offenders.

3. Law Enforcement
 It is the basic responsibility of the police to
enforce the law.
 Objectives of Law
 Enforcement/Police

4. Order maintenance
 One of the most troublesome responsibilities of the
police.

5. Public service
 Because the police is the most visible symbol of
authority, they are called upon to assist in situations like
location of lost persons or properties, to provide VIP,
bank and funeral escorts and other similar duties.

6. Traffic regulation and motor accident investigation

 The police are expected to ensure road safety for both
pedestrians and motorists and assist in cases of road
accidents and emergencies.

Evolution of the Law
Enforcement/Policing in the
Philippine Setting

Pre-Spanish Regime

 The police under the Philippine setting,

evolved from the practice of different tribes to
select able-bodied young men to protect their
villages, not from assaults of criminals but
from depredation of animals that prey on their
crops and livestock during the night.

Spanish Regime

 Police service during Spanish regime to the

19th century was looked upon by the Spanish
government as a part of the military system
defense colony. So the locally organized
police forces; although performing civil duties
was seemingly created for sole purpose of
maintaining peace, were in fact direct adjuncts
of the colonial military establishment.

Police forces during the Spanish
Regime

1. CARABINEROS DE SEGURIDAD PUBLICA

(MOUNTED POLICE)
• Organized in 1712 to carry out the regulation
of the state, discharges the duties of a port
harbor and river police.
 
Police forces during the Spanish
Regime
2. GUARDRILLEROS Duties & Functions
• A body of rural a.Maintain public security
police organized in and order in town;
each town, b.To patrol;
established by the
c.Guard dark and unsafe
Royal Decree of places;
January 8, 1836.
d.Guard the
This decree
tribunal/municipal and
provided that 5% of prison house;
the able-bodied
e.Conduct prisoners;
male inhabitants of
each province were f.Carry mails at times; and
to be enlisted in this g.To do many other duties
police force for 3 in the town.
years.
 
Police forces during the Spanish
Regime
3. GUARDIA CIVIL
• this was created by a
Royal Decree issued by
Duties & Functions
Crown on February 12,
a.The suppression of
1852 to partially relieve the
Spanish Peninsular troops brigandage by patrolling the
of their works in policing unsettled areas;
towns. It consisted of a
body Filipino policeman b.Detection of local petty
organized originally in each uprising; and
of provincial capitals of the
Central Provinces of Luzon c.The enforcement of the
under the Alcade collection of revenues
(Governor).

The American Occupation

 The first American occupation in the

Philippines came before the Filipino-American
war (1898-1901) was followed by a period of
political turmoil and social imbalance.
 Police forces during the American

Occupation
1. Insular Police Force
• On November 30, 1900 the commission recommends to the
Secretary of War the organization of an Insular Police Force.

2. Insular Constabulary
• The Philippine Commission passed Act No 175 on July 18, 1901,
entitled “An act providing for the Organization and Government of
Constabulary” better known as the Insular Constabulary.
• Act No. 255 (Oct.03, 1901)- the act that renamed the Insular
Constabulary into Philippine Constabulary.
• Capt. Henry T. Allen was named as the first PC Chief such he
was called as the “Father of Philippine Constabulary”
• Brigadier General Rafael Crame became the first Filipino COP.
 Police forces during the American
Occupation

3. Manila Police Department (MPD)

3. Organized on July 31, 1901 by virtue of Act No
183 of the Philippine Commission.

4. Bureau of Investigation
• Act No 181 required the creation of Bureau of
Investigation. This agency should be the
modification of the Division of Investigation from
the DOJ.
• On June 19, 1947 R.A. 157 was enacted which
created the National Bureau of Investigation
(NBI)

Police Force during the Japanese
Regime

1. KEMPETAI
 The Japanese military force, they were held
responsible in maintaining peace and order
in Manila and adjacent urban areas. They
ruled the urban areas until Gen. Douglas
McArthur returned on February 7, 1945


 After the Japanese occupation, and after

the Philippines obtained its
independence from the Americans, the
Philippine Constabulary was created
by operation of law as one of its
service of the Armed Forces of the
Philippines
 POST AMERICAN PERIOD

1. In September 18, 1966, R.A. 4864 otherwise

known as Police Act of 1966 was enacted.
The law created the office of Police
Commission (later known as NAPOLCOM)
under the office of the president.
 Created as a supervisory agency to the PC.
Its function is to oversee the training and
professionalization of the local police
forces.

MARTIAL LAW PERIOD

1. Presidential Decree No. 765

 on August 8, 1975 decreed into law with the
following salient features:
• The INP was established and constituted,
composed of the Philippine Constabulary
(PC) as the nucleus, and Integrated
National Police as components, under the
Department of National Defense;
• The PC remained and constituted as major
service of the Armed Forces of the
Philippine (AFP);
  POST MARTIAL LAW

1. Republic Act 6975 “An Act Establishing the Philippine

National Police under a recognized Department of the
Interior and Local Government and other Purposes”
 Created on December 13, 1990, creating the PNP, BFP
and BJMP. Incidental thereto, dissolving the Philippine
Constabulary.
 ended the existence of the Philippine Constabulary and
Integrated National Police and giveaway to creation of
the Philippine National Police, now known as the
country’s police force that is national in scope and
civilian in character. It is administered and controlled by
the National Police Commission.
 POST MARTIAL LAW

2. Republic Act 8551
• Otherwise known as the Philippine National
Police Reform and Reorganization Act of
1998, enacted on February 25, 1998; this
law amended certain provisions of RA
6975.

3. Republic Act 9708

• Enacted on August 12, 2009

• Amending the provisions of RA 6975 and

RA 8551 on the minimum educational
qualifications for appointment to the PNP
and adjusting the promotion system.
 Trinity of the Police pillar
of CJS

The Philippine National Police

 The 1987 Philippine Constitution itself

mandates that there should be one police
force that is national in scope and civilian in
character, and on the basis of this
constitutional precept, Republic Act 6975
created the PNP as the premier law
enforcement agency that has the following
powers and functions:
 POLICE FUNCTIONS:

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 so detained
of all his rights under the Constitution;
6. Issue licenses for the possession of firearms and
explosive 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 practice of their professions; and
8. Perform such other duties and exercise all other
functions as may be provided by law.

Miscellaneous Services:

 Regulation of non-criminal conduct, such

as traffic control and management; and
Performing Civil Missions, and such as
conduction of any person to hospital for
immediate medication, or any other form of
services which is civic in nature.

Police Discretion

 In police matters, discretion simply refers to the

wise use of one’s personal judgment based on
personal experience and common sense to
decide a particular situation. Discretion may also
mean the freedom to decide, the freedom or
authority to judge something or make a decision
about it.
 Police officers exercise discretion in the
performance of their duties. Considering that there
is no clear-cut guidelines on this aspect of their
responsibilities, the law enforcers usually act based
on his judgment, conscience and experience.

Some Discretionary practices of the
police:

1. To strictly enforce the laws and ordinances

2. To be lenient in the enforcement of the laws

and ordinances

3. To apply for search warrants

4. Either to arrest or just warn suspects

5. To gather additional evidences or immediately

file a case against the suspect

6. To follow-up cases
 The PNP is supported by
 administrative and operational units
 ADMINISTRATIVE  OPERATIONAL

UNITS SUPPORT UNITS

1. Maritime Police Unit
1. Crime Laboratory 2. Special Action
Force
2. Logistics Unit,
3. Criminal
3. Communication Investigation and
Detection Group
Unit, 4. PNP Anti-Illegal
Drugs Special
4. Computer Center, Operations Task
Force
5. Finance Center
5. Police Intelligence
and Unit
6. Civil Security Unit 6. Aviation Security
Unit
7. Chaplain Service 7. Traffic Management
Unit
8. Legal Service 8. Civil Relation Unit.
9. Medical and Dental
 
The National Bureau of
Investigation (NBI)

 The National Bureau of Investigation (NBI) saw its

inception on November 13,1936 upon approval of
Commonwealth Act No. 181 by the legislature.
 It was the brainchild of the late President Manuel L.
Quezon and Jose A. Yulo, then Secretary of Justice.
 Focuses on syndicated activities and special
investigations.
 Since then, the Bureau assumed an increasingly
significant role, thus, on June19, 1947 Republic Act
157 was created, renaming it to what it is presently
known, the National Bureau of Investigation (NBI).

NBI FUNCTIONS

1. To undertake investigations of crime and

other offenses against laws of Philippines
upon its own initiative and as a public interest
may require;

2. To undertake assistance, whenever properly

requested, in the investigation/ detection of
crimes and other offense;

3. To give technical aid to all prosecution and

law enforcement agencies as well as to the
courts that may request its service;
 NBI FUNCTIONS

4. To act as a national clearing house of criminal data

and other information for the benefit and use of all
prosecution and law enforcement entities in the
Philippines, the identification of records of all persons
marks, characteristics, and ownership or possession of
firearms as well as to conduct ballistics tests of bullet
fired there from in the course of criminal investigation.

5. To establish and maintain an up-to-date scientific crime

laboratory and to conduct research in furtherance of
scientific knowledge;

6. To perform such other related functions as the

secretary of justice may assign.
 NBI Services


1. The General Investigation Service

• This is performed by the Regional Offices together with
its sub-offices organized under the Deputy Director in
line with the concept of decentralized organization for
the purpose of economy and expediency and to ease
the burden of workload and control of the NBI Director.

2. The Special Investigation Service

• This office has immediate control and supervision over
Domestic Intelligence Division, Anti-graft Division and
Missing Person Division. Each division handles a
specialized type of investigation, thereby relieving the
General investigation Service of case which is highly
technical and specialized in nature.

NBI Services

3. The General Administrative Service

• This is concerned primarily with
administrative matters in NBI logistics and
Maintenance Division, training Division and
Accounting Division.

4. The Technical Services

• This is charged with the operation of the
crime laboratory, the support services for
investigative activities and other related
investigative aids.

The Philippine Drug
Enforcement Agency
(PDEA)

For thirty years, Republic Act 6425, otherwise

known as the Dangerous Drugs Act of 1972, had
been the backbone of the Philippine drug law
enforcement system. Despite the efforts of
various law enforcement agencies mandated to
implement the law, the drug problem alarmingly
escalated. The high profitability of the illegal drug
trade, compounded by the then existing laws
that imposed relatively light penalties to
offenders, greatly contributed to the gravity of the
problem.

The Philippine Drug Enforcement
Agency (PDEA)

 Recognizing the need to further strengthen

existing laws governing Philippine drug law
enforcement system, President Gloria
Macapagal-Arroyo signed Republic Act 9165,
or the Comprehensive Dangerous Drugs Act
of 2002, on June 7, 2002 and it took effect on
July 4, 2002. R.A. 9165 defines more concrete
courses of action for the national until-drug
campaign and imposes heavier penalties to
offenders.

The Philippine Drug Enforcement
Agency (PDEA)

 It was created by virtue of Republic Act 9165,

otherwise known as the Comprehensive
Dangerous Drugs Act of 2002 which was
approved on June 7, 2002 and took effect on
July 4, 2002 amending R.A. 6425 (Dangerous
Drug Act of 1972)
 It is an agency in-charge of enforcing RA 9165
which is under the administrative supervision
of the Dangerous Drug Board (DDB) the policy
making body.
 Power and Duties:


1. To cause the efficient and effective

implementation of the national drug
control strategy formulated by the
Dangerous Drug Board;
2. Undertake the enforcement of the
provisions of Article II of RA 9165 relative
to the unlawful acts and penalties
involving any dangerous drugs and/or
controlled precursor and essential
chemicals;
3. Administer oath and issue subpoena and
subpoena duces tecum relative to the
conduct of investigation involving the
violations of RA 9165;
4. Arrest and apprehend as well as search
all violators and seize or confiscate the
effects or proceeds of the crimes as
provided by law;
 Power and Duties:


5. Take charge and have custody of all

dangerous drugs and/or controlled
precursors and essential chemicals
seized, confiscated or surrendered to any
national, provincial or local law
enforcement agency;
6. Establish a forensic laboratory in each
PNP office in every province and city in
order to facilitate action on seized or
confiscated drugs, thereby hastening
their destruction without delay;
7. Recommend to the DOJ the forfeiture of
properties and other assets of persons
and/or corporations found to be
 Power and Duties:


8. violating the provisions of RA 9165 and in

accordance with the pertinent provisions of
the Anti-Money Laundering Act of 2001.
9. Prepare for prosecution or cause the filing
of appropriate criminal and civil cases for
violation of all laws in dangerous drugs,
controlled precursors and essential
chemicals, and other similar controlled
substances;
10. Monitor, and if warranted by
circumstances, in coordination with the
Philippine Postal Office and the Bureau of
Customs, inspect all air cargo packages,
parcels and mails in the central post office;
11. Conduct eradication programs to destroy
wild or illegally grown plants from which
dangerous drugs may be extracted
 Power and Duties:


12. Initiate and undertaken the formation of a

nationwide organization which shall
coordinate and supervise all activities
against drug abuse in every province, city,
municipality and barangay;
13. Establish and maintain a national drug
intelligence system in cooperation with law
enforcement agencies, other government
agencies/offices and local government units
that will assist in the apprehension of big-
time drug lords;
14. Establish and maintain close coordination,
operation and linkages with international
drug control and administration agencies
and organizations.
15. Create and maintain an efficient special
enforcement unit to conduct an
investigation, file charges and transmit
evidence to the proper court;
 Power and Duties:


16. Require all government and private

hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it;
17. Coordinate with DDB for the facilitation of the
issuance of necessary guidelines, rules and
regulations for the proper implementation of
RA 9165;
18. Initiate and undertake a national campaign
for drug prevention and control programs,
where it may enlist the assistance of any
department, bureau, office, agency or
instrumentality of the government, including
government-owned and/or controlled
corporations; and
19. Submit annual and periodic reports to the
DDB from time to time and perform such
other factions as may be authorized of
required under existing laws and as directed
by the President.
 WHAT IS ARREST?

  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.


How should arrest be

made?


 An arrest is made by an actual restraint` of the

person to be arrested, or by his submission to
the custody of the person making the arrest.
No violence or unnecessary force shall be
used in the making of arrest, and the person
arrested shall not be subjected to any greater
restraint than is necessary for his detention
(Sec. 2, Rule 113)
 WHAT IS WARRANT OF


ARREST?
  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/she to
take a person into custody in order that he/she may be
bound to answer for the commission of an offense

 NOTA BENE!! Shall remain valid until the person to be arrested has
been arrested or has surrendered

Within what period should the
warrant of arrest be enforced?

 The head of the office whom the warrant of

arrest has been delivered for execution shall
cause the warrant to be execute within 10
days from the receipt thereof (Sec. 4, Rule
113)

What is the duty of the officer
after the expiration of 10 days
from the receipt of the warrant of
arrest?

 Within 10 days after the expiration of such

period, the officer to whom it was assigned for
execution , shall make a report to the judge
who issued the warrant and in case of his
failure to execute the same, shall state the
reasons therefor (Sec. 4; Mamangon vs. CFI,
August 30, 1990)

Requisites of Valid Warrant
of Arrest

a. It shall be issued upon probable cause;

b. The probable cause is determined personally

by the judge upon examination under oath or
affirmation of the complainant and witnesses
he may produce; and

c. Particularly describing the person to be

arrested.


Who may make/

execute/ affect Arrest?

Who may make/ execute/ affect
Arrest?

1. Police officer (in both warrantless and arrest

with warrant)

2. PRIVATE INDIVIDUAL (ONLY

WARRANTLESS ARREST OR CITIZEN’S
ARREST)

3. Members of investigation staff of the NBI

(under RA 157, as amended)

4. Bailor (may arrest the accused for the

purpose of surrendering him/her in court)

Who may make/ execute/ affect
Arrest?

5. Sheriff or deputy (may arrest a witness who failed

to attend and obey subpoena despite proof of
service thereof) (sec. 11, Rule 23)

6. Provincial or City Probation officer (may arrest

probationer under his/her care; sec. 24, PD968)

7. Commissioner of Land of Transportation and his

Deputies (are authorized to make arrest for
violation of land insofar as motor vehicles are
concerned; RA 4136, as amended)


When is Warrantless
Arrest lawful?
 Valid Warrantless Arrest

1. In Flagrante Delicto Rule
 When in his presence, the person to be arrested
has committed an offense, actually committing an
offense, or is attempting to commit an offense.

2. The “Hot Pursuit” arrest Rule

 When an offense has in fact just been committed,
and he has personal knowledge of facts indicating
that the person to be arrested has committed it.

3. When the person to be arrested is a prisoner who

has escaped from a penal establishment or place
where he/she is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
 1. It must be based upon a probable

cause.
Requirements 2. The probable cause must be
for a Valid determined personally by the judge
Search
3. The determination must be made
Warrant after examination under
oath/affirmation of the complainant
and the witnesses he may produce.

4. It must be particularly describe the

place to be searched and the
persons or things to be seized.

5. No search warrant shall issue more

than one specific offense.

How long can an arrested
person be detained before
he/she be delivered to proper
Judicial Authorities by the
police officer?


 “Article 125. Delay in the delivery of detained

persons to the proper judicial authorities.—The
penalties provided in the next preceding article
shall be imposed upon the public officer or
employee who shall detain any person for some
legal ground and shall fail to deliver such
person to the proper judicial authorities within
the period of;
(As amended by Executive Orders 59 and 272,
November 7, 1986 and July 25, 1987, respectively).”
(Emphasis supplied)

Prescribed filing of cases, within:

 12 Hours for LIGHT FELONY

 18 Hours for LESS GRAVE FELONY

 36 Hours for GRAVE FELONY

