INTRODUCTION TO PHILIPPINE

CRIMINAL JUSTICE SYSTEM

 WHAT IS CRIMINAL JUSTICE SYSTEM?

It refers to various sequential stages through which offenders pass,

from initial contact with the law to final disposition, and the agencies
charged with enforcing the law at each of these stages.
 ETYMOLOGY OF CRIMINAL

•Originated from Middle English ; came from Old French criminal

•Late Latin criminalis
•and from Latin crimen or crimin which means accusation
•Legal Sense - any person who has been found to have committed
a wrongful act in the course of the standard judicial processes.
 ETYMOLOGY OF JUSTICE

•originated from Greek word dike - staying in its assigned

place of natural role

•Consist of maintaining the societal status quo. (Plato)

 WHAT IS SYSTEM?

•originated from Latin systema, systemat

•Greek -sustema, from sunistanai, to combine: sun-, syn_
+histanai, set up , establish
•it refers to a group or combination of interrelated,
interdependent, or interacting elements forming a collective
entity and methodical or coordinated assemblage of parts,
facts, concepts etc
WHAT ARE THE GOALS OF CJS?

• To protect individuals and society in maintaining peace and order.

• To reduce crime by bringing offenders to justice.
• To increase the security of the people imploring preventive and suppressive
measures.
• To provide proper disposition to those found guilty
• To reform offender leading a new life.
WHAT ARE THE THEORIES OF CJS?

Retributive Justice
Restorative Justice
Transformative Justice
Corrective Justice
Distributive Justice
Procedural Justice
 RETRIBUTIVE JUSTICE

Retribution justice or Just Desert is where punishment should be no more or less

than the offender’s actions deserve, it must be based on how blameworthy the
person is.

Retributive justice is a theory of punishment that when an offender breaks the law,
justice requires that they suffer in return, and that the response to a crime is
proportional to the offence
 RESTORATIVE JUSTICE

Restorative justice repairs injuries

suffered by the victim and the community
while insuring reintegration of the
offender. Turn the justice system into a
healing process rather than a distributor
of retribution and revenge.
 TRANSFORMATIVE JUSTICE

•Transformative justice recognizes that an individual may have

caused harm and suffer from harm. Transformative approaches
strive to improve the quality of life for victims, offenders, and the
community by addressing the social and economic inequalities that
cause crime.
 CORRECTIVE JUSTICE

Is the idea that liability rectifies the injustice

that one person inflicts upon another. Other
theories state that the Criminal justice policy is
influenced by philosophies held by politicians,
which may be affected by criminological theories
and research, among other factors.
 DISTRIBUTIVE JUSTICE

A decent and compassionate society

should recognize the plight of its
victims and design its criminal
system to alleviate their pain, not
increase it.

In its broad sense, means the fair

apportionment of benefits and
burdens in society
 PROCEDURAL JUSTICE

(Sometimes called procedural fairness) describes the idea that how

individuals regard the justice system is tied more to the perceived
fairness of the process and how they were treated rather than to the
perceived fairness of the outcome.
CHARACTERISTICS OF SYSTEM

1. Systems have identifiable components or Pillar- there are parts or

elements structures that perform certain function that contribute to
the functioning of the system.
CHARACTERISTICS OF SYSTEM

2. Each system constitute an identifiable whole- this means that we

can distinguish one system from the other.
CHARACTERISTICS OF SYSTEM

3. Each systems components are interdependent- the elements of a

system depend on each other. One element cannot function without
input from other.
CHARACTERISTICS OF SYSTEM

4. Each system operates within an environment- elements outside

the CJS are part of the environment. These may be involved the
Political and Economic System that are prevailing in our society.
 FIVE PILLARS OF PCJS

LAW ENFORCEMENT

COMMUNITY PROSECUTION

CORRECTION COURT
PCJS AS A PROCESS

The law enforcement pillar is the first contact of the

offender since they detect and investigate wrongful act
and makes arrest. After arrest is the preliminary
investigation or inquest proceeding in determination of
probable cause to be done by prosecution pillar. If
there’s a probable cause a case is filed in court with
jurisdiction over the case. When offender founds guilty
in the trial a verdict will be given. The sentencing will
be served in correction pillar. The convict after service
of sentence comes back to the community to be
integrated and productive citizen in society.
PCJS AS A PROCESS

The law enforcement pillar is the first contact of the

offender since they detect and investigate wrongful act
and makes arrest. After arrest is the preliminary
investigation or inquest proceeding in determination of
probable cause to be done by prosecution pillar. If
there’s a probable cause a case is filed in court with
jurisdiction over the case. When offender founds guilty
in the trial a verdict will be given. The sentencing will
be served in correction pillar. The convict after service
of sentence comes back to the community to be
integrated and productive citizen in society.
LADY JUSTICE represents FAIRNESS

• represents fairness to everyone

• represents BALANCE

• Defend everyone’s rights

 WHAT IS CRIME?

•Act committed or omitted in violation of public law forbidding

or commanding it.

THREE FORMS

•Felonies - Revised Penal Code

•Offenses- Statutes
•Misdemeanors - Ordinance
 FELONY

Felony as a Crime Felony is an act or omission punishable by law specifically the Revised Penal Code.

Felony is committed not only by means of fault (culpa) but also by means of deceit (dolo) (Art. 3, RPC).

a. By means of dolo or deceit – when the act was done with deliberate intent.
Freedom - Intelligence – Intent (IFI)

b. By means of culpa or fault – when the wrongful act resulted from imprudence, negligence, lack of foresight or lack of
skill.

Negligence (lack of foresight) = An individual driving a car through a red light has resulted in them crashing into
another vehicle.

Imprudence (lack of skills) = Driving without checking the breaks of the car because he/she is in a hurry. It resulted in
a break failure and hit a pedestrian.
What are the ELEMENTS OF CRIME?

•Motive - reason/intent
•Opportunity - chance
•Means - Instrumentation/Capability
 What is CRIME REPORTING?

•The act of reporting a crime

committed by the victim or concerned
citizens to the police and other similar
law enforcement
agencies/institutions

•Compiled by the PNP and presented in

the form of crime statistics
HISTORICAL DEVELOPMENT OF LAW

PRE-SPANISH TIME

During the pre-Spanish era, law was laid down by the mahar- likas -
council of elders, but chosen by the datu, no elections were held to
designate them.

Code of Katantiao/Kalantiaw
Code of Maragtas = 1 person (According to some historian)
Code of Sumakwel Island of Panay
HISTORICAL DEVELOPMENT OF LAW

MAIN LAW OF THE REPUBLIC

The Constitution (1987) is the fundamental law of the land in the

Philippines. It establishes the structure, policies, roles and duties of the
Philippines' government. It contains the Bill of Rights (article III) and sets
out the State's obligations to promote and uphold social justice and human
rights (article XIII).
HISTORY & APPLICABILITY THE REVISED

REVISED PENAL CODE WAS ENACTED AS ACT NUMBER 3815.

The basis of the Revised Penal Code was Spanish Código Penal. This Penal
Code of Spain had been in force all over the Philippines from 1886 to 1930
(the year the Revised Penal Code took effect in the Philippines: January 1,
1932).
What is CRIME VOLUME?

it refers to the number of crime incidents committed in a

given area over a period of time which includes index and
non-index crimes
 What is Index Crimes?

it refers to crimes that are serious in nature and which occur

with sufficient frequency and regularity such that they serve
as an index to crime situation
What is Non-Index Crime?

It refers to crime in violations of special laws or local

ordinances
 What is Crime Rate?

number of crime incidents in a given period of time for every

100,000 inhabitants of an area
What is Average Monthly Crime Rate?

Refers to crime rate divided into the number of months in a

year
 HISTORY - BC YEARS

•Blood Feuds were rampant

•Sumeria - first known civilization
establishing first city-states and
government to help settle disputes
HISTORY - 1st Century

•Pedanius Dioscorides - Book De Materia Medica -

considered the foundation of forensic toxicology
•Roman Policing - KIN POLICING
HISTORY - 11th Century

•Frankpledge System
•Constables in the sire -
supervised by Shire
reeve
HISTORY - 13th Century

•Hsi Duan Yu - earliest known work in pathology and death

investigations
•Summa Theologica - Thomas Aquinas
HISTORY - 14th Century

•Justices of Peace were

appointed by King
•Parish Constable Systema
and Hue and Cry System
HISTORY - 16th Century

•Idea of Social Contract

•Scientific Method of Investigation were introduced
 HISTORY - 19th Century

•Sir Robert Peels 9

Principles of Policing
•Lombroso founded
Positivist
HISTORY - 20th Century

• Locard -
established
first real crime
lab
FOUNDATIONS OF CRIMINAL JUSTICE

• Classical School of Criminology

- is that criminals make a
rational choice in which they
choose to do criminal acts due to
maximum pleasure and
minimum pain.
DEFINITION OF TERMS

• AGE OF ENLIGHTENMENT - (AGE OF REASON). It is

social movement that arose during the 18th century and
that built upon ideas like empiricism, rationality, free
will, humanism, and natural law.
DEFINITION OF TERMS

• SOCIAL CONTRACT - It is a concept that human beings

abandon their natural state of individual freedom to join
together and to form a society.
DEFINITION OF TERMS

• NATURAL LAW - It is the philosophical perspective that

certain immutable laws are fundamental to human
nature and can be ascertained through reason.
DEFINITION OF TERMS

• NATURAL RIGHTS- it refers to the rights individuals

retain in the face of government action and interest
DEFINITION OF TERMS

• HEDONISTIC CALCULUS- A belief that behavior holds

value to any individual undertaking according to the
amount of pleasure or pain
DEFINITION OF TERMS

• PANOPTICON - It is a prison design which is circular

building with cells
DEFINITION OF TERMS

• GENERAL DETERRENCE - seeks to prevent others from

committing crime

• SPECIFIC DETERRENCE - seeks to prevent a particular

individual from committing crime
DEFINITION OF TERMS

• MALA INSE - acts that are thought to be wrong in and of

themselves
• MALA PROHIBITA -acts that are considered wrong because
they are prohibited
DEFINITION OF TERMS

FREE WILL - ability of human beings to purposely and

deliberately choose to follow a calculated course of action
A. CRIMINAL JUSTICE AND CLASSICAL SCHOOL

• CESARE BECCARIA - Known for his Essay on Crimes and

Punishment and Father of Criminal Justice

3 TYPES OF CRIME
• Those that threaten the security of the state
• Those that injure citizens or their property
• Those that run contrary to the social order
 A. CRIMINAL JUSTICE AND CLASSICAL SCHOOL

• CESARE BECCARIA - Known for his Essay on Crimes and

Punishment and Father of Criminal Justice

2 TYPES OF PROOF

• Perfect Proof - no possibility of innocence

• Imperfect Proof - the possibility of innocence
A. CRIMINAL JUSTICE AND CLASSICAL SCHOOL

• JEREMY BENTHAM - early advocate of utilitarianism and

invented panopticon prison

What is Utilitarianism?

• It refers to a view that people’s behavior is motivated by the

pursuit of pleasure and the avoidance of pain
A. CRIMINAL JUSTICE AND CLASSICAL SCHOOL

• Bentham invented the panopticon prison design; together with other

classical school philosophers, they argued the following:

A. People have free will to choose how to act;

B. Deterrence is based upon utilitarian ontological notion of human being a
hedonist and rational calculator
C. Punishment can deter people from crime and that severity of
punishment should be proportionate to the crime
D. The swifter and more certain the punishment, the more effective it is in
deterring criminal behavior
11 TYPES OF PUNISHMENT BY JEREMY BENTHAM

• Capital - Death
• Afflictive - whipping, starvation
• Indelible - branding, amputation, mutilation
• Ignominous - stocks, pillory
• Penitential - offender might be censured by his/her community
• Chronic - banishment, exile, imprisonment
• Restrictive - license revocation, administrative sanction
• Compulsive - restitution, probation
• Pecuniary - fines
• Quasi -Pecuniary - denial of services
• Characteristic - mandating that prison uniforms be worn
 FOUR BASES OF CLASSICAL SCHOOL

• Individuals have the will and rationality to act according to

their own will
• Individuals will calculate the rationality of the crime based
on the benefits of the crime versus the consequences of the
crime
• Severity of the punishment should be determined by the
severity of the crime to deter others and reduce crime
• Punishment must be swift and appropriate deter others and
reduce crime
FIVE PRINCIPLES OF CLASSICAL SCHOOL

RATIONALITY

HEDONISM

PUNISHMENT

HUMAN RIGHTS

DUE PROCESS
B. CRIMINAL JUSTICE AND NEO-CLASSICAL

• Emphasized deterrence and retribution with reduced

emphasis on rehabilitation

• Remedy to some problems ccreated by classical school

B. CRIMINAL JUSTICE AND NEO-CLASSICAL

• NEO - CLASSICISTS introduced revisions to account for problems

presented in classicism, to wit:

1. Allowing mitigating circumstances by looking at the situation in which

individual had been placed

2. Some allowances were given for an offender'spast record

3. Consideration should be given for factors like incompetence, pathology,

insanity and mentally ill
 C. CRIMINAL JUSTICE AND POSITIVIST

• Criminal behavior is caused by internal and external factors outside of

the individual's control

• Positivist theorists - Cesare Lombroso, Enrico Ferri and Raffaele

Garofalo
 C. CRIMINAL JUSTICE AND POSITIVIST

POSITIVISM - application of scientific techniques in the study of crime and criminals

HARD DETERMINISM - belief that crime results from forces beyond the control of the
individual

NOTHING WORKS DOCTRINE - correctional treatment program has little success in

rehabilitating offender

THREE - STRIKES LEGISLATION- criminal statutes that mandate life imprisonment

for criminals convicted of three violent felonies or serious drug offenses

SOFT DETERMINISM - human behavior is the result of choices and decisions made
within a context of situational constraints and opportunities
 C. CRIMINAL JUSTICE AND POSITIVIST

• Cesare Lombroso - Father of Criminology, Father of Modern

Criminology or Father of Scientific/Empirical Criminology, Founder of
Criminal Anthropology

• Lombroso - conducted an autopsy (Giuseppe Villela) and identified

various stigmata
C. CRIMINAL JUSTICE AND POSITIVIST

STIGMATA RELATED TO AN ATAVISTIC CRIMINAL

• Deviation in head size and shape from type common to race and region
from which the criminal came
• Asymmetry of the face
• Eye defects and peculiarities
• Excessive dimensions of the jaw and cheekbones
• Ears of unusual size, or occasionally very small, or standing out from
the head as to those of a chimpanzee
• Nose twisted, upturned, or flattened in thieves, or aquiline or beak like
in murderers, or with a tip rising like a peak from swollen nostrils;
• Lips fleshy, swollen, and protruding
• Pouches in the cheek like those of some animals
• Peculiarities in the plate, such as are found in reptiles, and cleft palate
 C. CRIMINAL JUSTICE AND POSITIVIST

STIGMATA RELATED TO AN ATAVISTIC CRIMINAL

10. Chin protruding, or excessively long, or short and flat, as in apes

11. Abnormal dentition;
12. Abundance, variety, and precocity of wrinkles;
13. Anomalies of the hair, marked by characteristics of the opposite sex;
14. Defects of the thorax, such as too many or too few ribs, or
supernumerary nipples
15. Inversion of sex characters
16. Excessive length of arms
17. Supernumerary fingers and toes
18. Imbalance of the hemisphere of the brain
C. CRIMINAL JUSTICE AND POSITIVIST

ATAVISTIC
Three types of Criminals
According to Lombroso
INSANE CRIMINAL

CRIMINALOID
 C. CRIMINAL JUSTICE AND POSITIVIST

• Enrico Ferri - student of Lombroso who believed social, as well as

biological factors, played a role, and held the view that criminals
should not be held responsible for the factors causing their
criminality

• Raffaele Garofalo - He rejected the doctrine of free will and

supported the position that crime can be understood only if it is
studied by scientific methods.
What is CRIMINAL LAW?

A branch of law which defines crimes , treats

of their nature and provide for their
punishment
A. CLASSICAL VIEWPOINT ON THE RPC

• the basis criminal liability is based on

freewill
• man should be held accountable
• establish direct proportion between crime
and penalty
A. POSITIVIST VIEWPOINT ON THE RPC

• Crime is essentially a social and natural phenomenon

and it such cannot be treated and checked by the
application of abstract principles
• man is subdued occasionally by stranger and morbid
phenomenon
CHARACTERISTICS OF CRIMINAL LAW

GENERALITY
CHARACTERISTICS OF
CRIMINAL LAW
TERRITORIALITY

PROSPECTIVITY
CRIMINAL LAW AND RULES ON JURISDICTION

•FRENCH RULE - crimes are not triable in the courts of

that country unless their commission affects the peace
and security

•ENGLISH RULE - It states that crimes are triable in that

country unless there merely affect things within the
vessel or they refer to the internal management
 PRINCIPLES OF LEGALITY

• The principle which declares that for any human

conduct to be considered as a criminal act, there must
be a specific statute or law declaring such as a crime
and providing for a penalty.

• Any human conduct, no matter how evil or

reprehensible it may be, cannot subject the actor to
punishment if there is no law punishing the act.
MAXIMS IN CRIMINAL LAW AND JUSTICE

• Aberratio Ictus - Mistake in the Blow

• Accessorious sequitur - one who is an accessory to the
crime cannot be guilty of a more serious crime than
the principal offender
• Acta exteriora indicant interiora secreta - outward
acts indicate the inward intent
• Actori incumbit onus probandi - the burden of proof
lies on the plaintiff
MAXIMS IN CRIMINAL LAW AND JUSTICE

5. Actus me invito factus non est meus act - an act done by

me against my will is not my act
6. Actus non facit reum, nisis mens sit rea - the act itself
does not make a man guilty unless his intentions were so.
7. Actus reus - guilty deed or act
8. Amicus Curiae - a friend of the court
9. Animofurandi - with an intention of stealing
MAXIMS IN CRIMINAL LAW AND JUSTICE

10. Corpus delicti - the body of crime

11. Damnun sine injuria - Damage without legal injury
12. Doli Incapax - Incapable of crime
13. Dormiunt leges aliquando, nunquam moriuntur - the
law sometimes sleep, but never die.
14. Ei incumbit probatio qui dicit, non qui negat - the
burden of proof is on him who avers, not on him who
denies
MAXIMS IN CRIMINAL LAW AND JUSTICE

15. El que es causa dela causa es causa del mal causado -

he who is the cause of the cause is the cause of the evil
cause
16. Error in personae - mistake in identity
17. Fundamenta justitiae sunt unt ne cui neceatur - it is a
fundamental justice that no one be harmed
18. Habeas corpus - that you have the body
MAXIMS IN CRIMINAL LAW AND JUSTICE

19. Hoc quidem perquam durum est, sed ita lex scripta or
Dura lex sed lex
20. Ignorantia facti excusat, ignorantia juris non excusat -
ignorance of fact excuses, ignorance of the law excuses no
one
21. In delicto - at fault
22. Injuria non-excusat injuriam - a wrong does not
excuse a wrong
MAXIMS IN CRIMINAL LAW AND JUSTICE

23. Justicis nemini neganda est - justice is to be denied to

no one
24. Lex prospicit not respicit - The law looks forward, not
backward
25. Mala fide -in bad faith
26. Malo animo - with evil intent
27. Mens rea - guilty state of mind
MAXIMS IN CRIMINAL LAW AND JUSTICE

28. Nemo bis punitor pro eodem delicto - no one can be

twice punished for the same offense
29. Prima facie - on the face of it
30. Praeter intentionem - the injurious result is greater
than that intended. No intention to commit so grave a
wrong.
31. Voluntas in delictis non exitusspectatur - In offenses
the intent and not the result is looked at.
KINDS OF LEGAL SYSTEM

ADVERSARIAL SYSTEM - two advocates represent their

parties' case or position before an impartial person

INQUISITORIAL SYSTEM - the court or part of the court is

actively involved in investigating the facts of the case
 What is DUE PROCESS?

A principle that the government must respect all of a

person's legal rights instead of just some or most of those
legal rights when the government deprives a person of
life, libertty or property

The concept of due process is enshrined in the 1987

Philippine Constitution, Article 3, Section 1
( Bill of Rights)
TWO BRANCHES OF DUE PROCESS

SUBSTANTIVE - refers to the intrinsic validity of law. A

body of law that defines criminal offenses and their
penalties.

PROCEDURAL/ADJECTIVE/REMEDIAL - court of law

renders judgment only after trial and based on the
evidence presented therein. It is concerned on the rights
of the people suspected of or charged with crime
REQUISITES OF JUDICIAL DUE PROCESS

• There must be a court or tribunal clothed with judicial

power to hear and determine the matter before it.
• Jurisdiction must be lawfully acquired over the
person of the defendant or over the property to which
is the subject of the proceedings.
• The defendant must be given the opportunity to be
heard.
• Judgment must be rendered upon lawful hearing.
 What is Bill of Attainder?

A legislative acts which inflict punishment on named

individuals or members of an ascertainable group without
a judicial trial

Article 3, Section 22, 1987 Constitution

No ex post facto law or bill of attainder shall be enacted

PERSPECTIVES ON CRIMINAL JUSTICE

1. Crime Control - emphasize on control of dangerous

offender and protection of society through harsh
punishment as deterrent to crime

2. Rehabilitation-
sees crime as an expression of frustration and anger
created by social inequality that can be controlled by
giving people the means to improve their lifestyle
PERSPECTIVES ON CRIMINAL JUSTICE

3. Due Process Perspective -emphasizes individual rights

and constitutional safeguards against arbitraryor unfair
judicial and administrative proceedings

4. Nonintervention Perspective- favors the least intrusive

treatment possible
PERSPECTIVES ON CRIMINAL JUSTICE

5. Justice Perspective- all people should receive the same

treatment

6. Restorative Perspective - restore offenders back into

society
 STANDARDS OF PROOF

• MERE SUSPICION - least certainty gut feeling

• REASONABLE SUSPICION - more than gut feeling
• PROBABLE CAUSE -needed to conduct search and
make arrest
• PREPONDERANCE OF EVIDENCE -necessary to find
defendant liable in a civil suit
 STANDARDS OF PROOF

5. CLEAR AND CONVINCING EVIDENCE - standard of proof

in some civil and the standard of proof necessary for a
defendant to make a successful claim of sanity

6.BEYOND REASONABLE DOUBT-it is the standard of

proof necessary to find a defendant guilty in a criminal
trial
 CRIMINAL DEFENSES

JUSTIFYING CIRCUMSTANCE -defense for a criminal act

claiming that the criminal act is reasonable or necessary
under identified circumstances

KINDS
-Self-Defense
-Defense of relatives
-Defense of stranger
-Avoidance of greater or evil injury
-Fulfillment of duty or lawful exercise of right or office
-Obedience to an order issued for some lawful purpose
 CRIMINAL DEFENSES

EXEMPTING CIRCUMSTANCES - ground for exemption from punishment because

there is wanting in the agent of crime in any of the condition which makes the act
voluntary or negligent

KINDS
•Imbecility and Insanity
•Minority as to age
•Minority as to age in consideration of discernment
•Accident
•Irresistible Force
•Uncontrollable Fear
•Prevented by Insuperable Cause
 CRIMINAL DEFENSES

EMERGENCY DOCTRINE -Holds that a person who is confronted with a

sudden emergency may be left no time for thought, must make a speedy
decision based largely uponimpulse or instinct and cannot be held to the
same conduct as one who has had an opportunity to reflect, even though
it later appears that he made the wrong decision

MISTAKE OF FACT - misapprehension of fact on the part of the person

who has caused injury to another
 CRIMINAL DEFENSES

DOCTRINE OF FRUIT OF POISONOUS TREE - •if the source of the

evidence itsekf ids tainted, then anything gained from it is tainted as
well
INSANITY CRIMINAL DEFENSE STANDARDS

M’NAGHTEN RULE - excuses a defendant who by virtue of a defect of

reason or disease of the mind, does not know the nature and quality of
the act

DURHAM RULE - This rule excuses a defendant whose conduct is the

product of mental disorder

ALI Test Substantial Capacity Test - This rule excuses a defendant who,
because of a mental disease or defect, lacks of substantial capacity to
appreciate the criminality of his conduct
INSANITY CRIMINAL DEFENSE STANDARDS

M’NAGHTEN RULE - excuses a defendant who by virtue of

a defect of reason or disease of the mind, does not know
the nature and quality of the act

DURHAM RULE - This rule excuses a defendant whose

conduct is the product of mental disorder
INSANITY CRIMINAL DEFENSE STANDARDS

ALI TEST SUBSTANTIAL CAPACITY TEST - This rule

excuses a defendant who, because of a mental disease or
defect, lacks of substantial capacity to appreciate the
criminality of his conduct

IRRESTIBLE IMPULSE RULE - defines a person as insane if

hed did know that his actions were illegal but because of
mental impairmenthe couldn't control his behavior
 FIVE PILLARS OF PCJS

LAW ENFORCEMENT
SUSPECT

COMMUNITY PROSECUTION
EX - CONVICT
RESPONDENT

CORRECTION COURT
CONVICT ACCUSED
 LAW ENFORCEMENT PILLAR

The law enforcement pillar has its mission to prevent and control of crimes, arrest of
suspects, investigation and filing of case, and assisting in prosecution.
 LAW ENFORCEMENT PILLAR

Law enforcement officers are critical to keeping the public safe.

Their primary goal is to maintain order in their communities,
ensure citizens are protected, and arrest any individuals who
break the law.

Law enforcement is the first pillar of the criminal justice system,

because it is the system that individuals first encounter when
they go against the law. It is also the most visible system to
society, because we see law enforcement officers every day.
WHO IS A LAW ENFORCEMENT OFFICER?

Is someone who enforces a law by

discovering, deterring, rehabilitating,
or punishing people who violate the
rules and norms governing that
society.
FUNDAMENTAL PRINCIPLES OF LAW ENFORCEMENT

A. The basic principle for which the police exist is to prevent crime
and disorder.
B. The ability of the police to perform their duties is dependent
upon public approval of police actions.
C. Police must secure the willing cooperation of the public in
voluntary observance of the law to be able to secure and maintain
the respect of the public
FUNDAMENTAL PRINCIPLES OF LAW ENFORCEMENT

D. The degree of cooperation of the public that can be secured

diminishes proportionately to the necessity of the use of physical
force
E. Police seek and preserve public favor not by catering to public
opinion but by constantly demonstrating absolute impartial service
to the law
F. Police use physical force to the extent necessary to secure
observance of the law or to restore order only when the exercise of
persuasion, advice and warning is found to be insufficient
FUNDAMENTAL PRINCIPLES OF LAW ENFORCEMENT

G. Police, at all times, should maintain a relationship with the

public that gives reality to the historic tradition that the police are
the public and the public are the police; the police being only
members of the public who are paid to give full-time attention to
duties which are incumbent on every citizen in the interests of the
community welfare and existence
FUNDAMENTAL PRINCIPLES OF LAW ENFORCEMENT

H. Police should always direct their action strictly towards their

functions and never appear to usurp the powers of the judiciary

I. The test of police efficiency is the absence of crime and dishonor,

not the visible evidence of police action in dealing with it.
 WHAT IS POLICING?

Policing refers to the activities carried out by the police officers in

order to preserve law and order or the actions of a person or group
in authority in order to ensure fairness and legality in an area of
public life.
WHAT IS THE DOCTRINE OF POLICING BY CONSENT?

This doctrine states that police are a substantially unarmed body

who rely upon community support and goodwill, rather than force,
in the conduct of their duty.
 WHAT IS POLICE DISCRETION IN POLICING?

It refers to the fact that a police work with very little direct
supervision once they are in the field and often have to make
choices about which course of action.
 STYLES OF POLICING

Watchman Style - it focuses on maintaining order. It occurs in

heavily populated communities that generate a high number of
calls for police assistance

Legalistic Style - Police departments operating under a legalistic

style operate according to the letter of law

Service Style - place high emphasis on community opinion and

public relations.
 POLICING APPROACHES

Reactive Policing - known as the Fire Brigade Policing or Incident

Driven Policing. It involves following up on a civilian calls notifying
problems.

Proactive Policing - It is the practice of deterring criminal activity

by showing police presence and engaging the public to learn their
concerns, thereby preventing crime from taking place in the first
phone.
 POLICING APPROACHES

Problem-Oriented Policing - it identifies a repeated problem and

then setting out to devise a solution

Evidence -based Policing - tries to seriously evaluate policing

activity and perhaps using properly designed trials to see “what
works” to reduce crime or to respond community needs.
 POLICING APPROACHES

Community Policing - emphasizes proactive enforcement that

proposes street crime which can be reduced through greater
community involvement and integration between citizens and
police.

Zero-Tolerance Policing - imposes strict punishment for

infractions of a stated rule, with the intention of eliminating
undesirable conduct
CONCEPTS OF LAW ENFORCEMENT AND POLICING

In it purest form, law enforcement requires an unwavering

adherence to rules and procedures

Policing means an approach to crime fighting through community

service and problem-solving.
DIFFERENCE OF LAW ENFORCEMENT AND POLICING

Law enforcement implies compulsory compliance

Policing means voluntary adherence

 LAW ENFORCEMENT PILLAR

The Philippine National Police (PNP)

is tasked with enforcing the law, to
prevent and control crimes, maintain
peace and order, and ensure public
safety and internal security with the
active support of the community.
 TWO MAIN FUNCTIONS

To SERVE and PROTECT

To observe HUMAN RIGHTS and

DIGNITY OF PERSON
PHILOSOPHY AND CORE VALUES

Our Philosophy

Service, Honor and Justice

Our Core Values

Maka-Diyos (Pro-God)
Makabayan (Pro-Country)
Makatao (Pro-People)
Makakalikasan (Pro-Environment)
 COLLATERAL FUNCTIONS OF PNP

1. To maintain forces and establish police

volunteers to sustain the need of law
enforcement

2. To maintain readiness in mobile forces

and police volunteers, trained and equipped
for employment in emergencies
 COLLATERAL FUNCTIONS OF PNP

3. To provide adequate, timely, and reliable

intelligence for use by the PNP and in
assistance to other agencies.

4. To organize, train, and equip a force for

assignment to an insurgent affected area.
 COLLATERAL FUNCTIONS OF PNP

5. To prepare and submit budgets to

NAPOLCOM Chairman for the PNP units and
offices; justify before the competent
authority budget request as approved by the
NAPOLCOM; and administer funds for
maintaining, equipping, and training the
forces of the PRO including NSUs.
 COLLATERAL FUNCTIONS OF PNP

6. To conduct research and develop

doctrines, procedures, tactics, techniques,
develop and procure weapons, equipment
and supplies essential to the fulfillment of
the functions assigned.
 COLLATERAL FUNCTIONS OF PNP

7. To develop, supply, and maintain police

camps/bases and other installations
including lines of communication;

8. To assist other law enforcement agencies

when called, requested, or directed.
 COLLATERAL FUNCTIONS OF PNP

9. To support the AFP through information

gathering and performance of its ordinary
police functions, on matters involving the
suppression of insurgency; and

10. To support the AFP in combat operations

involving the suppression of insurgency and
other serious threats to national security.
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP
BRIEF HISTORY OF THE PNP

RA 9708
 BRIEF HISTORY OF THE PNP

ARTICLE XVI, SECTION 6 OF 1987 PHILIPPINE

CONSTITUTION
The State shall establish and maintain one police force, which
shall be national in scope and civilian in character, to be
administered and controlled by a national police commission.
The authority of local executives over the police units in their
jurisdiction shall be provided by law.
 BRIEF HISTORY OF THE PNP

The PNP organization was divided into a different interdependent

functional unit but coordinated to each other. The different functional
units of the PNP are:

1.Bureau - the bureau is the largest organic unit within a large

department.
2.Division - the primary subdivision of the bureau.
3.Section - functional units within a particular division, and this
compose of different specialize section such as WWCD, and PCR.
4.Units - functional groups within a section where further
specialization is needed.
 BRIEF HISTORY OF THE PNP

TERRITORIAL UNITS
1.Post - a fixpoint or location to which an officer is assigned for duty
such as designated as desk police officer or crosswalk or an
intersection for traffic duty.
2.Route - a length of street/streets designated for patrol purposes
sometimes referred to line beat patrol.
3.Beat - an area of assigned for police officer to conduct visibility.
4.Sector - an area containing two or more beat, route or post.
5.District - a geographical subdivision of a city for patrol purposes,
usually with its own station.
 THEORIES OF POLICE SERVICE

Home Rule Theory – a police officer is a civil

servant whose primordial duty is to preserve peace
and order and maintain the public security and
safety of every member of the community.

Continental Theory - Police officers are looked

upon as the state or servants of the higher
authority.
THE POWERS AND FUNCTION OF THE PNP MAY BE
CLASSIFIED INTO THREE CATEGORIES

Statutory Powers or those mandated explicitly by law creating

the PNP, such as RA 6975 and R.A. 8559.

• enforce all laws and ordinances relative to the prosecution of lives and properties;
• maintain peace and order and take all necessary steps to ensure public safety;
• investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
• Exercise the general powers to make arrest, search and seizure in accordance with the
constitution and pertinent laws;
• detain an arrested person for a period not beyond what is prescribed by the law,
informing the person so detained of all his rights under the constitution
THE POWERS AND FUNCTION OF THE PNP MAY BE
CLASSIFIED INTO CATEGORIES

Regulatory Powers

• issue licenses for possession of firearms and explosives in accordance with law;
• supervises 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 practice
of their profession;
• train students were taking up their baccalaureate, vocational or technical courses in
undergoing law enforcement service program in compliance with the National Service
Law.
THE POWERS AND FUNCTION OF THE PNP MAY BE
CLASSIFIED INTO CATEGORIES

Perform such other duties and exercise all other function as

may be provided by law, such as:

• To enforce election laws during the conduct of election;

• To enforce laws involving agriculture, environment and natural resources;
• To enforce laws involving and transportation;
• Many other laws under the jurisdiction of various departments and/or offices of the
government where the PNP will be deputized under the principle of intra-coordination
between and among office/departments of the governments such as giving assistance in
effecting the demolition order, search and rescue operation and other social services.
 CATEGORIES OF POLICE OPERATIONS

Public safety Operations

Law Enforcement Operations
Internal Security Operations
Special Police Operations
Intelligence Operations
Investigation Operations
Scene of the Crime Operations
WHAT ARE THE BASIC REQUIREMENTS IN POLICE
OPERATION?

Police operations like arrest, search and seizure, checkpoint, roadblocks,

demolition, and civil distrubance management shall be done, as follows;

a. with a marked police vehicle

b. led by police commissioned officer
c. with personnel in prescribed police uniform or attire
WHAT SHOULD POLICE OFFICERS USE DURING
ACTUAL OPERATIONS?

During police intervention operations, the team leader shall use peaceful
means including the use of megaphones or any other similar instruments
to warn or influence the use of megaphones or any other similar
instruments to warn or influence the offender or suspect to stop and/or
peacefully give up
 ARE WARNING SHOTS PROHIBITED?

Yes. The police shall not use warning shots during police intervention
operations
USE OF FORCE DURING POLICE OPERATIONS

• Use of Excessive Force is Prohibited

• Issuance of Verbal Warning - The police officer must first issue a
verbal warning before he could use force against an offender
• Non-Issuance of Verbal Warning When Excusable - The failure to
issue a verbal warning is excusable in cases where threat to life or
property is already imminent, and there is no other option but to use
force to subdue the offender
• Use of Non-Lethal Weapon
USE OF FORCE DURING POLICE OPERATIONS

5. Application of Necessary and Reasonable Force

6. Factors to Consider in the Reasonableness of the Force Employed - A
police officer however is not required to afford offenders attacking him the
opportunity for a fair or equal struggle.
7. Responsibility of the Police Officer in Charge of the Operation - shall at
all times exercise control overall police personnel in the area of operation
and shall exhaust all possible means to apply necessary and reasonable
force to protect lives and properties during armed confrontation.
USE OF FIREARM DURING POLICE OPERATIONS

Use of Firearm When Justified. The use of firearm is justified if the

offender poses an imminent danger of causing death or injury to the police
officer or other persons. The use of firearm is also justified under the
doctrines of self-defense, defense of a relative, and defense of a stranger.
However, one who resorts to self- defense must face a real threat on
his/her life, and the peril sought to be avoided must be actual, imminent
and real. Unlawful aggression should be present for self- defense to be
considered as a justifying circumstance.
USE OF FIREARM DURING POLICE OPERATIONS

Use of Firearm When Justified. The use of firearm is justified if the offender poses
an imminent danger of causing death or injury to the police officer or other persons.
The use of firearm is also justified under the doctrines of self-defense, defense of a
relative, and defense of a stranger. However, one who resorts to self- defense must
face a real threat on his/her life, and the peril sought to be avoided must be actual,
imminent and real. Unlawful aggression should be present for self- defense to be
considered as a justifying circumstance.

The police shall not use warning shots during police operation except when the
police officer is outnumbered and overpowered, and his/her life and limb is in
imminent danger.
USE OF FIREARM DURING POLICE OPERATIONS

Firing at Moving Vehicles is prohibited. A moving vehicle and its occupants shall not
be fired upon except when its occupants pose imminent danger of causing death or
injury to the police officer or any other person, and that the use of firearm does not
create any danger to the public and outweighs the likely benefits of its non-use.
In firing at a moving vehicle, the following parameters should be considered:

a. The intent of the suspect/s to harm the police officer or other persons;
b. The capability of the suspect/s to harm with certainty the police officer or other
persons; and
c. Accessibility or the proximity of the suspect/s from the police officer and other
persons.
USE OF FIREARM DURING POLICE OPERATIONS

Filing of an Incident Report After the Use of Firearm. A police officer who fires
his/her service firearm or weapon during a confrontation with an offender or
offenders must submit an incident report outlining the circumstances necessitating
the use of his/her firearm.
 PATROL OPERATIONS

• Conduct briefing before and debriefing after patrol operations

• Perform firearm and equipment check prior to dispatch.
• Observe precautionary measures and personal safety while on patrol;
• Plan out patrol routes based on prevailing crime trends and patterns;
• Observe defensive driving and follow traffic rules and regulations;
• Establish good rapport with people on your beat and be familiar with all the people in
the community;
• Patrol members must be always on the look-out for indications of vices and other
illegal activities on their beat;
• Patrol members must be knowledgeable of all conditions, events and details of places
on their beat;
 PATROL OPERATIONS

• Be observant of people, places, situations or conditions and develop an inquisitive

attitude especially if the subject appears to be slightly out of the ordinary;
• Keep under close observation actions of juveniles, troublemakers / agitators and the
mentally ill/retarded persons and report information to the concerned agency for
appropriate action;
• When requiring proof of identification from any person, let him/her hand it over to you;
• Patrol members must inform tactical operations center before responding to any
incident.
 DUTIES OF PATROL OFFICER

1) Attend the roll call formation before his/her Tour of Duty for briefing and likewise
attend the after Tour of Duty formation for debriefing;
2) Patrol the assigned beats, observe and check suspicious people, structures/buildings,
compounds and vehicles;
3) Observe and monitor public gatherings, prevent disorders and disperse unlawful
assemblies;
4) Inspect and/or conduct surveillance in various business establishments and other
installations and remove hazards to public safety;
5) Check suspicious vehicles (private, public, or commercial/delivery vehicles) in the
course of their patrol;
6) Report occurrences and conditions which relate to crime, public peace, order and safety;
 GUIDELINES AND PROCEDURES WHEN
RESPONDING TO CALLS FOR POLICE ASSISTANCE

• Gather and note down in the patrol officer’s logbook all available data as to the nature
of the calls, date, time and name of the caller. It may be regular, urgent or emergency in
nature.
2) Responding officers shall validate first before responding to calls for police assistance
especially in areas with presence of threat groups.
3) The manner of approach will be dependent on the nature of the call, either with
haste/secrecy or with/without flashing lights and sirens.
4) Consider the pertinent factors like the time, traffic conditions, the possibility of greater
damage and the neighborhood characteristics.
5) Whenever practicable and available, use and activate the BWC and comply with the
guidelines and policies on the use thereof.
6) Stop the patrol car some distance from the scene.
 GUIDELINES AND PROCEDURES WHEN
RESPONDING TO CALLS FOR POLICE ASSISTANCE

7) Approach the scene on foot, in complete silence and exercising extreme caution.
8) Immediately attend to the injured unless the other members of the patrol are in
imminent danger.
9) Focus all efforts to arrest criminals; however, priority shall be given to aiding the
injured.
10) Determine the crime committed, identify and question briefly the victim/complainant
and possible witnesses at the scene.
11) If the suspects or criminals have fled the scene before the arrival of the patrol team,
interview witnesses and immediately relay any information gathered regarding the
composition, appearance of the suspect, weapons used, mode and direction of escape and
other information which may lead to the arrest of the suspects to the Operations Center for
the conduct of dragnet operations
 GUIDELINES AND PROCEDURES WHEN
RESPONDING TO CALLS FOR POLICE ASSISTANCE

12) When responding to street fights/brawls, the patrol member may call for back-up
before intervening. If there are no injuries and insufficient corroborative statements
obtained to identify who started the fight, bring both parties to the police station for
appropriate action.
13) Treat all calls for police assistance properly including complaints of nuisances caused
by excessive sound, odor, smoke, blinding light among others
14) When responding to calls for police assistance due to suspected explosive device, never
attempt to handle, move or lift the object. Instead contact TOC and request for Explosive
Ordinance Disposal Team/K9 (EODT/K9). Immediately isolate and cordon the area within
a safe distance from the suspected device. Divert the flow of traffic if necessary.
 GUIDELINES AND PROCEDURES WHEN
RESPONDING TO CALLS FOR POLICE ASSISTANCE

15) When responding to calls from beerhouses, KTV bars, or any other similar
establishments, ensure that all the lights are switched on.
16) When responding to request for police assistance involving domestic violence, dispute
between neighbors and landlords/ tenants, as much as possible, seek the presence of
barangay officials and DSWD personnel as the case may be.
17) When responding to crime incidents involving a woman, either as victim or suspect, the
presence of a female police officer is necessary.
 GUIDELINES AND PROCEDURES WHEN
RESPONDING TO CALLS FOR POLICE ASSISTANCE

18) When responding to police assistance related to highly infectious diseases,

immediately inform the barangay concerned and the Station TOC for the observance of the
health standard protocol.

19) When responding to cybercrime, secure and preserve the evidence and immediately
seek assistance from cybercrime investigators.

20) When responding to a hostage taking situation, secure the scene, establish perimeter
security and inform tactical operations center.
 GROUNDS FOR SPOTCHECK/SEARCH

A. SPOTCHECK/ ACCOSTING

• The police officer may stop an individual for the purpose of conducting a spot
check/accosting only when reasonable suspicion exists. Reasonable suspicion must be
more able to point to specific facts that, when taken together with rational inferences,
reasonably warrant the stop. Such facts include, but are not limited to the following:

• The appearance or demeanor of the individual suggests that he is part of a criminal

enterprise or is engaged in a criminal act
• The actions if the individual suggests that he is engaged in a criminal activity
• Questionable presence of the individual in the area
 GROUNDS FOR SPOTCHECK/SEARCH

A. SPOTCHECK/ ACCOSTING

4. The subject is carrying a suspicious object

5. The suspect’s clothing bulges in a manner that suggests he is carrying a weapon
6. The suspect has been found in time and place proximate to an alleged crime
7. The police officer has knowledge of the suspect’s prior criminal record or involvement in
criminal activity
8. The individual flees at the sight of a police officer
 GROUNDS FOR SPOTCHECK/SEARCH

B. Body Frisking (Pat-Down Search). A police officer has the right to perform body frisking if
the person has been stopped with genuine reason to believe that he/she carries weapon/s
and poses a threat to the police officer’s or another person’s safety. Circumstances which
may justify body frisking (pat-down search) include but not limited to the following:

a) Visual indication suggesting that the person is carrying a firearm or other deadly weapon;
b) The type of crime believed to have been committed by the person, particularly crimes of
violence where the threat of use or use of deadly weapon is involved; and
c) The threatening demeanor of the person.
 PROCEDURES AND GUIDELINES

Spot Check/Accosting

a) When approaching the person, the police officer shall clearly identify himself/herself and
present his/her identification card.
b) Police officers shall be courteous at all times but remain cautious and vigilant.
c) Before approaching more than one person, police officers should determine whether the
circumstances warrant a request for back-up or whether the stopping should be delayed until
such back-up arrives.
d) Police officers shall confine their questions in relation to the grounds for stopping the
person. In no instance shall a police officer stop a person longer than the period reasonably
necessary.
e) Police officers are not required to inform the person of his/ her rights under the law (i.e.
Miranda Warning, Anti-torture law, etc.) unless the person is placed under arrest.
 PROCEDURES AND GUIDELINES

2) Body Frisking (Pat-Down Search). When genuine reason justifies body frisking (pat-down
search), it shall be done with due caution, restraint, and sensitivity in the following manner:

a) Whenever possible, body frisking shall be done by at least two police officers, one to do the
search while the other provides security. it shall be done with the person in a standing position
with hands raised. the police officers are permitted only to feel the outer clothing of the person.
Police officers shall not place their hands inside the pockets of the clothing unless they feel an
object that could probably be a weapon, such as a gun, knife, club, or the like.
 REPORTING AFTER THE SPOT CHECK/ACCOSTING
OR PAT-DOWN SEARCH

If after stopping or body frisking and the police officer finds no basis for making an arrest, he/
she should put it on record in his/her patrol notebook. If he/she finds a ground for a valid
warrantless arrest, then an arrest shall be made.
ROLE OF OTHER LAW ENFORCEMENT AGENCY IN
OUR CRIMINAL JUSTICE SYSTEM
NATIONAL BUREAU OF INVESTIGATION (NBI)

The Bureau of Investigation, later renamed the

National Bureau of Investigation, came into
existence on 19 June 1947, the date Republic Act
157 was approved. Its history goes back to 13
November 1936, when a Division of
Investigation (DI) under the Department of
Justice was created with the enactment of
Commonwealth Act No. 181 by the First National
Assembly.
NATIONAL BUREAU OF INVESTIGATION (NBI)
NATIONAL BUREAU OF INVESTIGATION (NBI)
NATIONAL BUREAU OF INVESTIGATION (NBI)
NATIONAL BUREAU OF INVESTIGATION (NBI)
NATIONAL BUREAU OF INVESTIGATION (NBI)
PHILIPPINE DRUG ENFORCEMENT AGENCY

By virtue of the Comprehensive Dangerous

Drugs Act of 2002 (Republic Act (R.A.) No.
9165), the Philippine Drug Enforcement
Agency (PDEA) was created for the efficient
and effective law enforcement of all the
provisions on dangerous drugs and/or
precursors and essential chemicals as
provided in R.A. 9165
PHILIPPINE DRUG ENFORCEMENT AGENCY
BUREAU OF CUSTOMS

The Bureau of Customs, which under the auspices

of the Department of Finance of is mandated to
implement affective revenue collection, prevent
and suppress smuggling and entry of prohibited
imported goods, supervise and control over the
entrance and clearance of vessels and aircrafts
engaged in foreign commerce, and the
enforcement of the Tariff and Costume Code of the
Philippines and all other laws, rules and
regulation related to tariff and costume
administration.
BUREAU OF CUSTOMS

The Bureau of Customs, which under the auspices

of the Department of Finance of is mandated to
implement affective revenue collection, prevent
and suppress smuggling and entry of prohibited
imported goods, supervise and control over the
entrance and clearance of vessels and aircrafts
engaged in foreign commerce, and the
enforcement of the Tariff and Costume Code of the
Philippines and all other laws, rules and
regulation related to tariff and costume
administration.